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CONDITIONAL USES, VARIANCES AND APPEALS
Most types of land use covered by this Zoning Code are grouped according to compatibility and function, and each group is permitted outright in one or more of the various districts established in the Zoning Code. In addition to these permitted uses, there are other uses which it may be necessary or desirable to allow in certain districts but because of their potential impact on adjacent land or public facilities, need particular and individual consideration prior to location in the community. Such uses are classified in this Zoning Code as "conditional uses." Also included within the category of conditional uses are uses municipally operated or operated by publicly-regulated utilities and uses traditionally affected by public interest.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
Any owner, or agent thereof, of property for which a conditional use is proposed, shall make an application for a conditional use permit by filing it with the Zoning Inspector. After reviewing the application and determining that the application is complete, the Zoning Inspector shall transmit copies of the application to the Planning and Zoning Commission, along with other agencies and organizations deemed necessary. If all information required is not provided, the Zoning Inspector shall promptly notify the applicant of the items needed. Within 30 days following the determination that the application is complete, the Planning and Zoning Commission shall hold a public hearing. Notice of such hearing shall be given in one or more newspapers of general circulation in the city at least ten days before the date of said hearing. The notice shall set forth the time and place of the hearing and shall provide a summary explanation of the conditional use proposed. Notice of this public hearing shall also be sent to all owners of property within 300 feet of the property in question. Following the hearing, but within 30 days after the determination that the application is complete, the Planning and Zoning Commission shall make a decision. The decision may be appealed by any interested party in writing to City Council if such appeal is made within 30 days following the decision of the Planning and Zoning Commission. The written appeal must be filed with the City Clerk. On receipt of the written appeal, the Council shall discuss the appeal at a second public hearing and shall make a decision whether to grant the conditional use.
(A) General standards for all conditional uses. The Planning and Zoning Commission shall review the particular facts and circumstances of each proposed conditional use in terms finding that the proposed conditional use:
(1) Is in fact a conditional use as established under the provisions of the applicable zoning district.
(2) Will be in accordance with the general objectives or with any specific objectives of the Master Comprehensive Plan.
(3) Is designed, constructed, operated, and would be maintained so as to be harmonious with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will be served adequately by essential public facilities and services.
(6) Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(B) Supplementary conditions and safeguards. In granting approval for any conditional use, the Planning and Zoning Commission may prescribe appropriate conditions and safeguards in conformance with this chapter. Any violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a punishable violation of this chapter. Examples of appropriate conditions and safeguards include:
(1) Larger buffer areas between the proposed conditional use and adjacent property.
(2) Greater yard requirements.
(3) Limits on the location or illumination of signs.
(4) Limits on where parking areas may be located.
(C) Expiration of conditional use permit. A conditional use permit shall be deemed to authorize only one particular conditional use, and said permit shall automatically expire if such conditional use has not been instituted or utilized within one year of the date on which the permit was issued or if for any reason such use shall cease for more than two years.
(Ord. 37-02, passed 7-10-02)
(A) Appeals.
(1) Appeals to Commission. Appeals to the Planning and Zoning Commission concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the city affected by any decision of the Zoning Inspector. Such appeal shall be taken within 20 days after the decision by filing with the Zoning Inspector and with the Planning and Zoning Commission, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Planning and Zoning Commission all the papers constituting the record upon which the action appealed from was taken.
(2) Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Inspector, by reason of facts stated in the application, finds that a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Planning and Zoning Commission by a court of record.
(B) Variances.
(1) The Planning and Zoning Commission may authorize a variance from the terms of this chapter which shall not be contrary to the public interest and, where owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.
(2) A variance shall not be granted unless the Planning and Zoning Commission makes a specific finding based directly on the particular evidence presented to it which supports conclusions that the standards and conditions imposed by this section have been met by the applicant.
(3) No variance shall be granted which will alter the character and use of a zoning district or to correct an error of judgment in zoning laws.
(4) Application and standards for variances. Except as otherwise permitted in this chapter, a variance from the terms of this Zoning Code shall not be granted by the Planning and Zoning Commission unless and until a written application for a variance is submitted to the Zoning Inspector and the Planning and Zoning Commission. At a minimum, the application shall include:
(a) Name, address, and phone number of applicant(s).
(b) Legal description of property.
(c) Description of nature of variance requested.
(d) A list of all property owners and their addresses who are within, contiguous to, or directly across the street, and may have interest in the variance.
(e) A narrative statement that the requested variance conforms to the following standards:
1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
2. That a literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
3. That special conditions and circumstances do not result from the actions of the applicant.
4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.
(C) Public hearing by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing within 20 days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.
(D) Notice of public hearing in newspaper. Before holding the public hearing required in division (C) of this section, notice of such hearing shall be given in one or more newspapers of general circulation in the city, at least ten days prior to the date of said hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.
(E) Notice to parties of interest. Prior to conducting the public hearing required in division (C) of this section, written notice of such hearing shall be mailed by the Chairperson of the Planning and Zoning Commission, by first class mail at least ten days before the day of the hearing, to all property owners of adjoining parcels or parcels within 300 feet of the affected property. The notice shall contain the same information as required of notices published in newspapers as specified in division (D) of this section.
(F) Action by the Planning and Zoning Commission.
(1) Within 30 days after the public hearing required in division (C) of this section, the Planning and Zoning Commission shall either approve, approve with supplementary conditions, or disapprove the request for appeal or variance.
(2) The Planning and Zoning Commission shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building, or structure. A copy of this decision shall be transmitted to the applicant and the Zoning Inspector.
(3) Appeals from Planning and Zoning Commission decisions shall be made in the manner specified in this section.
(G) Supplementary conditions and safeguards. Under no circumstances shall the Planning and Zoning Commission grant an appeal or variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district. In granting any appeal or variance, the Planning and Zoning Commission may prescribe any appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the appeal or variance has been granted, shall be deemed a violation and punishable under § 155.2617.
(Ord. 37-02, passed 7-10-02)
SUPPLEMENTAL USE, HEIGHT, AREA REGULATIONS AND EXCEPTIONS
A residence shall not be converted to accommodate an increased number of dwelling units unless:
(A) The yard dimensions still meet the yard dimensions required by the Zoning Regulations for new structures in that district.
(B) The lot area per dwelling equals the lot area requirements for new structures in that district.
(C) The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district.
(D) The conversion is otherwise in compliance with this chapter (e.g., property is zoned for double- or multiple-family use) and all other relevant codes and ordinances.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
No private swimming pool ("pool"), exclusive of portable swimming pools with a diameter less than 12 feet or with an area of less than 100 square feet, shall be allowed in any commercial or residential district, except as an accessory use and unless it complies with the following conditions and requirements:
(A) The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located. A pool will be considered an accessory use to the main structure.
(B) A pool may not be located closer than ten feet to any property line, except in a district where that minimum distance shall be six feet. That distance shall be measured from the water's edge and shall not restrict fences, ground level patios, pumps, and similar pool accessories not requiring separate permits.
(C) Elevated decks for above-ground pools shall not be located closer than ten feet to any property line.
(D) The swimming pool or the entire property behind the front building line on which it is located shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than four feet in height, shall be separate from the wall of the pool, and maintained in good condition with a gate and lock.
(F) Pools, including above-ground pools, may not be located in the front yard of the lot without a variance from the Planning and Zoning Commission.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
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