(A) Purpose. The purpose of this section is to establish the applicability, procedures, requirements, and approval standards for each of the city's zoning applications.
(B) Site plan review.
(1) Purpose. The purpose of this site plan review application is to ensure development and redevelopment that is harmonious with surrounding properties, and consistent with the intent of the Comprehensive Plan and this Zoning Code.
(2) Applicability. Approval of a site plan review application shall be required for the following:
(a) All development and redevelopment, with the exception of single-family and two-family developments.
(b) Additions to existing structures that result in an increase in gross floor area, capacity, or number of dwelling units by 15% or more, with the exception of single-family and two-family developments.
(c) Construction of a new parking lot or expansion of an existing parking lot that results in a total of 15 spaces or more.
(3) Procedure.
(a) Applications for site plan review shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure).
(b) Upon determining that the application is complete, the Zoning Administrator shall evaluate the application based upon each of the standards of division (B)(4) of this section.
(c) The Zoning Administrator shall prepare a report and render a decision within 45 days after receipt of a complete application and take action in the form of approval, approval with conditions, or denial of the application. The 45-day period may be extended with the written consent of the applicant.
(d) If the Zoning Administrator denies an application for site plan review, the applicant may appeal the Zoning Administrator's decision to the Zoning, Planning, and Development Commission in accordance with division (F) of this section.
(4) Standards for site plan review. The Zoning Administrator shall evaluate applications for site plan review with specific written findings based on each of the standards of this section.
(a) The site plan for the proposed development is consistent with the existing character and zoning of adjacent properties and other property within the immediate vicinity of the proposed development.
(b) The site plan for the proposed development will not adversely impact adjacent properties and other property within the immediate vicinity of the proposed development.
(c) The site plan for the proposed development will be provided with adequate utilities, access roads, circulation systems, parking, drainage, exterior lighting, and/or other necessary facilities.
(d) The site plan for the proposed development is designed to preserve the environmental resources of the zoning lot.
(e) The site plan for the proposed development is consistent with the intent of the Comprehensive Plan, this Zoning Code, and the other land use policies of the city.
(5) Amendment to approved site plan.
(a) An application to amend an approved site plan shall include a written description and explanation of the requested amendment and shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure).
(b) Upon determining that the application is complete, the Zoning Administrator shall evaluate the application to establish whether the amendment is a minor modification to the approved site plan or a major modification to the approved site plan.
(c) If the Zoning Administrator determines that the amendment is a major modification, the applicant must submit a new application for site plan review in accordance with division (B)(3) of this section.
(d) If the Zoning Administrator determines that the amendment is a minor modification consistent with the scope and intent of the approved site plan, the applicant shall revise the site plan prior to completing an application for a building permit in accordance with Chapter 1443 (Permits and Certificates of Occupancy).
(e) The determination of the Zoning Administrator may be appealed to the Zoning, Planning, and Development Commission in accordance with division (F) of this section.
(6) Expiration of approved site plan. Site plan approval shall expire and be revoked if either of the following conditions occur.
(a) A building permit has not been obtained for the use within one year after approval of the site plan. The applicant may request one extension of this period, which may be approved by the Zoning Administrator, by means of a written request filed at least 30 days prior to the expiration of the one-year period.
(b) The standards of this Zoning Code or any of the terms and conditions of the site plan approval are violated.
(C) Special use permit.
(1) Purpose. The purpose of this special use application is to provide for uses that may have a special, unique, or unusual impact upon the use of neighboring property.
(2) No presumption of approval. A use established as a special use in Chapter 1244 (Uses) does not constitute a presumption that an application for such special use will be approved. Each proposed special use shall be evaluated on an individual basis with regard to the applicable standards of this Zoning Code to determine whether approval of the special use is appropriate at the particular location in the manner proposed.
(3) Procedure.
(a) Action by the Zoning Administrator.
1. An application for a special use permit shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure).
2. Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Zoning, Planning, and Development Commission based upon the standards of division (C)(4) of this section, and schedule the application for consideration by the Zoning, Planning, and Development Commission.
(b) Action by the Zoning, Planning, and Development Commission.
1. The Zoning, Planning, and Development Commission shall conduct a public hearing on the application at a regularly scheduled meeting in accordance with § 1252.02(D) (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.
2. The Zoning, Planning, and Development Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and each of the standards of division (C)(4) of this section.
3. The Zoning, Planning, and Development Commission shall recommend approval, approval with conditions, or denial of the application. In recommending approval, the Zoning, Planning, and Development Commission may:
a. Recommend conditions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary to protect the public interest.
b. Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.
4. The Zoning, Planning, and Development Commission shall forward its recommendation and the minutes of its public hearing to the City Council within 60 days after the close of the public hearing.
(c) Action by the City Council.
1. The City Council shall consider the application at a regularly scheduled meeting within 60 days after receiving the recommendation of the Zoning, Planning, and Development Commission. The 60-day period may be extended with the written consent of the applicant.
2. The City Council shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Zoning, Planning, and Development Commission, the evidence presented at the public hearing, and each of the standards of division (C)(4) of this section.
3. The City Council shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Zoning, Planning, and Development Commission for further consideration. In approving a special use permit, the City Council may:
a. Recommend conditions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary to protect the public interest.
b. Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.
(4) Standards for special use permits. The City Council, Zoning, Planning, and Development Commission, and Zoning Administrator shall evaluate applications for special use permits with specific written findings based on each of the standards of this section.
(a) The proposed special use will not endanger the health, safety, comfort, convenience and general welfare of the public.
(b) The proposed special use is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed special use.
(c) The proposed special use will not impede the normal and orderly development and improvement of adjacent properties and other property within the immediate vicinity of the proposed special use.
(d) The proposed special use will be provided with adequate utilities, access roads, drainage, and/or other necessary facilities.
(e) The proposed special use is consistent with the intent of the Comprehensive Plan, this Zoning Code, and the other land use policies of the city.
(5) Transferability. Special use approval runs with the land and is not affected by changes of ownership, tenancy, or management except in unique situations specified by the conditions of the approved special use permit.
(6) Expiration of special use permit approval. Special use permit approval shall expire and be revoked if any of the following conditions occur.
(a) The use has not commenced or a building permit has not been obtained for the use within one year after approval of the special use permit. The applicant may request one extension of this period, which may be approved by the Zoning Administrator, by means of a written request filed at least 30 days prior to the expiration of the initial one-year period.
(b) The licenses or permits required for the operation or maintenance of the use are not obtained or are subsequently terminated.
(c) The standards of this Zoning Code or any of the terms and conditions of the special use permit are violated.
(d) The operation of the use for which a special use permit has been issued ceases for a minimum continuous period of six months.
(D) Variation.
(1) Purpose. The purpose of this variation application is to grant relief from the regulations of this Zoning Code to the extent that literal enforcement of such regulations creates particular hardships or practical difficulties in developing property due to the unique attributes of the property.
(2) Applicability. This Zoning Code classifies vanatlon applications as variations to be approved by the City Council following a public hearing and recommendation from the Zoning, Development and Planning Commission.
(3) Procedure.
(a) Action by the Zoning Administrator.
1. An application for a variation shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure).
2. Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Zoning, Planning, and Development Commission based upon each of the standards of division (D)(5) of this section, and schedule the application for consideration by the Zoning, Planning and Development Commission.
(b) Action by the Zoning, Planning, and Development Commission.
1. The Zoning, Planning, and Development Commission shall conduct a public hearing on the application at a regularly scheduled meeting in accordance with § 1252.02(D) (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.
2. The Zoning, Planning, and Development Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and each of the standards of division (D)(5) of this section.
3. The Zoning, Planning, and Development Commission shall recommend approval, approval with conditions, or denial of the application. In recommending approval, the Zoning, Planning, and Development Commission may:
a. Recommend conditions upon the establishment, location, construction, maintenance, and operation of the property that receives a major variation as deemed necessary to protect the public interest.
b. Recommend approval of a variation from the regulations of this Zoning Code less than the variation requested by the applicant if the Zoning, Planning, and Development Commission finds that the applicant is entitled to some relief, but not to the entire relief requested, based upon each of the standards of division (D)(5) of this section.
c. Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.
d. The Zoning, Planning, and Development Commission shall forward its recommendation and the minutes of its public hearing to the City Council within 60 days after the close of the public hearing.
(c) Action by the City Council.
1. The City Council shall consider the application at a regularly scheduled meeting within 60 days after receiving the recommendation of the Zoning, Planning, and Development Commission. The 60-day period may be extended with the written consent of the applicant.
2. The City Council shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Zoning, Planning, and Development Commission, the evidence presented at the public hearing, and each of the standards of division (D)(5) of this section.
3. The City Council shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Zoning, Planning, and Development Commission for further consideration. In approving a variation, the City Council may:
a. Recommend conditions upon the establishment, location, construction, maintenance, and operation of the property that receives a variation as deemed necessary to protect the public interest.
b. Grant a variation from the regulations of this Zoning Code less than the variation requested by the applicant, if the City Council finds that the applicant is entitled to some relief, but not to the entire relief requested , based upon each of the standards of division (D)(5) of this section.
c. Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.
(4) A two-thirds favorable vote of the City Council is required to approve the application if the Zoning, Planning, and Development Commission recommends denial of the application.
(5) Standards for variations. The City Council, Zoning, Planning, and Development Commission shall evaluate applications for variations with specific written findings based on each of the standards of this section.
(a) The proposed variation will not endanger the health, safety, comfort, convenience, and general welfare of the public.
(b) The proposed variation is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed variation.
(c) The proposed variation will not substantially diminish the value of adjacent properties and other property within the immediate vicinity of the proposed variation.
(d) The proposed variation alleviates a particular hardship created by the literal enforcement of this Zoning Code that would prevent the applicant from yielding a reasonable return from the subject property.
(e) The proposed variation is necessary due to the unique attributes of the subject property, which were not deliberately created by the applicant, and are not shared by adjacent properties and other properties within the immediate vicinity of the proposed variation.
(f) The proposed variation is necessary to permit a reasonable use of land, but does not confer a special privilege on the applicant which is denied to the owners of adjacent properties and other properties within the immediate vicinity of the proposed variation.
(g) The proposed variation represents the minimum deviation from established standards necessary to accomplish the desired improvement of the subject property.
(h) The proposed variation is consistent with the intent of the Comprehensive Plan, this Zoning Code, and the other land use policies of the city.
(6) Transferability. Unless otherwise specified in the approving ordinance, a variation approval runs with the land and is not affected by changes of ownership, tenancy, or management.
(7) Expiration of variation approval. Variation approval shall expire and be revoked if any of the following conditions occur.
(a) A building permit has not been obtained for the use within six months after approval of the variation. The applicant may request one extension of this period, which may be approved by the Zoning Administrator, by means of a written request filed at least 30 days prior to the expiration of the initial six-month period.
(b) The standards of this Zoning Code or any of the terms and conditions of the variation for the use are violated.
(E) Zoning text and map amendment.
(1) Purpose. The purpose of this zoning text or map amendment application is to allow modifications to the text of the Zoning Code and the boundaries of the zoning map in response to changing conditions and/or policies in the city.
(2) Procedure.
(a) Action by the Zoning Administrator.
1. An application for a zoning text or map amendment shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure).
2. Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the City Council based upon a balance of the standards of division (E)(3) of this section and schedule the application for consideration by the City Council.
(b) Public hearing by the City Council on map amendments. The City Council shall conduct a public hearing on a proposed zoning map amendment at a regularly scheduled meeting in accordance with § 1252.02(D) (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.
(c) Action by the City Council.
1. The City Council shall consider the application at a regularly scheduled meeting within 60 days after the public hearing, in the case of a map amendment, or within 60 days of receiving the report of the Zoning Administrator, in the case of text amendments. Map amendments, in the discretion of the City Council, may be considered immediately upon conclusion of a public hearing. The 60-day period may be extended with the written consent of the applicant.
2. The City Council shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing in the case of map amendments, and the standards of division (E)(3) of this section.
3. For zoning text amendments, the City Council shall take action in the form of approval, approval with conditions, or denial.
4. For zoning map amendments, the City Council may take action in the form of approval, approval with conditions, or denial.
5. A two-thirds favorable vote of the City Council is required if a written protest is filed with the City Clerk against the proposed zoning text or map amendment, signed by the owners of no less than 20% of the frontage along, immediately adjacent to, immediately across an alley from, or directly across the street from the subject property. A copy of any such protest shall be served by the protestor on the applicant for the proposed amendments and the applicant’s attorney, if applicable, by certified mail at the address shown in the application for the proposed amendment.
(3) Standards for zoning amendments. The City Council and Zoning Administrator shall evaluate applications for zoning text or map amendments based on a balance of the standards of this section.
(a) The proposed amendment will not endanger the health, safety, comfort, convenience, and general welfare of the public.
(b) The proposed amendment is compatible with the existing uses, character, and zoning of adjacent properties and other property within the immediate vicinity of the proposed amendment.
(c) The proposed amendment provides a relative gain to the public, as compared to any hardship imposed upon an individual property owner.
(d) The proposed amendment makes it more feasible to develop property relative to the present zoning classification of the property.
(e) The proposed amendment facilitates the development of property, including vacant property, in contrast to the development of other property in the vicinity.
(f) The proposed amendment addresses the community need for a specific use.
(g) The proposed amendment corrects an error, adds clarification, or reflects a change in policy.
(h) The proposed amendment rectifies existing nonconformities and, if so, the extent of such nonconformities.
(i) The proposed amendment is consistent with the intent of the Comprehensive Plan, this Zoning Code, and the other land use policies of the city.
(F) Zoning appeal.
(1) Purpose. The purpose of this zoning appeal application is to provide for the review of decisions made by the Zoning Administrator in the course of carrying out the duties and responsibilities associated with this Zoning Code.
(2) Limitation. A zoning appeal may be proposed by an individual who has been affected by a decision of the Zoning Administrator pursuant to this Zoning Code, or by a decision of the Building Director pursuant to Chapter 1476 (Signs) in accordance with § 1252.02(B)(1) (Authorization). A zoning appeal must be proposed within 45 days after the action being appealed.
(3) Procedure.
(a) Action by the Zoning Administrator.
1. An application for a zoning appeal shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure).
2. Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Zoning, Planning, and Development Commission and schedule the application for consideration by the Zoning, Planning, and Development Commission.
(b) Action by the Zoning, Planning, and Development Commission.
1. The Zoning, Planning, and Development Commission shall conduct a public hearing on a proposed zoning appeal at a regularly scheduled meeting in accordance with § 1252.02(D) (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.
2. The Zoning, Planning, and Development Commission shall take action in the form of reversing, affirming, or modifying the decision made by the Zoning Administrator.
(G) Zoning interpretation.
(1) Purpose. The purpose of this zoning interpretation application is to provide a process by which the standards of this Zoning Code can be clarified and explained in order to ensure consistent interpretation and application. Zoning interpretations are not intended to amend or modify the content of this Zoning Code.
(2) Limitation. All zoning interpretation requests shall be associated with an existing development project.
(3) Procedure.
(a) An application for a zoning interpretation shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure).
(b) Upon determining that the application is complete, the Zoning Administrator shall render an interpretation within 15 days after receipt of the complete application.
(c) The determination of the Zoning Administrator may be appealed to the Zoning, Planning, and Development Commission in accordance with division (F) of this section.
(H) Temporary use permit.
(1) Purpose. The purpose of this temporary use permit application is to accommodate reasonable requests for temporary uses that are desirable for the community in the short term.
(2) Applicability. An applicant must obtain a temporary use permit to establish a temporary use in accordance with § 1244.05 (Temporary Structures and Uses).
(3) Procedure.
(a) An application for a temporary use permit shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure).
(b) Upon determining that the application is complete, the Zoning Administrator shall approve, approve with conditions, or deny the temporary use permit based on the standards of § 1244.05 (Temporary Structures and Uses). Temporary uses not established in § 1244.05 (Temporary Structures and Uses) shall require approval by the City Council.
(4) Expiration of temporary use permit approval. Temporary use permit approval shall expire and be revoked if any of the following conditions occur.
(a) The use has not commenced or a building permit has not been obtained for the use within six months after approval of the temporary use permit. The applicant may request one extension of this period, which may be approved by the Zoning Administrator, by means of a written request filed at least 30 days prior to the initial expiration of the six-month period.
(b) The licenses or permits required for the operation or maintenance of the use are not obtained or are subsequently terminated.
(c) The standards of this Zoning Code or any of the terms and conditions of the temporary use permit are violated.
(Ord. 17-31, passed 9-12-2017; Ord. 18-25, passed 10-10-2018; Ord. 23-25, passed 11-28-2023)