(A) Types Of Permits Required: There shall be required for construction, alteration, demolition of any structure or use, excepting those exempted under title 2, chapter 1 of this code, one or more of the following type permits:
1. Building permit;
2. Special-conditional use permit; and
3. Variance permit.
(B) General:
1. Each application for a permit, that is submitted to the commission, shall have a plat of the property, to scale, showing the relationship of the structure(s) to the property lines and any other structures on the property.
2. Upon receipt of an application for a permit, along with the required supporting plans and specifications, and recommendation from the building official, the commission shall examine the application and related materials for compliance with this chapter.
3. The commission shall have a minimum of thirty one (31) days, after receipt of the application from the building official, in which to examine the application and related data.
4. The commission shall also have a reasonable time as affixed by resolution of the council, after a public hearing on the application, at which time a decision must be rendered. The commission shall notify the applicant, in writing, of the decision.
5. A special conditional use permit or a variance permit shall not be granted unless and until a written application is submitted with all supporting documents completed, including lessee's and/or owner's written approval.
6. Whenever the commission recommends approval or denial of a permit, it shall specify:
(a) The ordinance and standards used in evaluating the application;
(b) The reasons for approval or denial; and
(c) The actions, if any, that the applicant could take to obtain a permit.
7. Prior to action recommending approval or denial of a permit, the commission shall proceed in accordance with the provisions set forth in subsection 3-1-14(A) of this chapter, for a public hearing.
8. An applicant denied or aggrieved by a decision, may take action as specified in subsection 3-1-14(B) of this chapter.
9. Where practical, the commission may combine related permits for the convenience of the applicant.
10. Upon recommendation for approval or denial of an application, the commission shall forward its recommendation to the council for action.
(C) Building Permit: An application for a building permit shall be made in accordance with the procedures outlined in title 2, chapter 1 of this code.
(D) Special-Conditional Use Permit:
1. A special-conditional use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of this chapter, but may be allowed with conditions under specific provisions and when it is not in conflict with the comprehensive development plan.
2. Upon granting a special-conditional use permit, conditions may be attached to, but not limited to, including those:
(a) Minimizing adverse impact on other development;
(b) Controlling the sequence and timing of development;
(c) Controlling the duration of development;
(d) Assuring that development is maintained properly;
(e) Designating the exact location and nature of development; and
(f) Requiring more restrictive standards than those generally required in this chapter.
3. The granting of a special-conditional use permit shall not be construed as establishing a binding precedent to grant other special-conditional use permits.
4. A special-conditional use permit is not transferable from one parcel of land to another.
(E) Variance Permit:
1. A variance is a modification of the requirements of this chapter as to lot size, lot coverage, width, depth, front/side/rear yard setbacks, parking space, height of building(s) or other ordinance provisions affecting the size or shape of a structure, or the placement of the structure upon lots, or the size of lots.
2. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest.
3. No nonconforming use of neighboring lands, structures or buildings, in other districts, shall be considered grounds for issuance of a variance.
4. A variance, from the terms of this chapter, shall be granted only upon showing of undue hardship, and if it is found that because of special circumstances applicable to this property, strict application of the use regulations would:
(a) Deprive such property of privileges enjoyed by other property in the vicinity;
(b) Render the land economically useless; and
(c) Clearly not be in conflict with the public interest.
(F) Application For Special-Conditional Use Permit: A written application shall be submitted, containing:
1. The special-conditional use of the property being requested.
2. A legal description of the property for which the permit is being requested.
3. A plot plan of the property, drawn to scale, showing:
(a) The relationship of the property to the surrounding area; and
(b) The location of adjoining property, with property owners' names listed on their respective parcels.
4. The post office addresses of all property owners and residents within the land being considered; three hundred feet (300') of the external boundaries of the land being considered; and any additional area that may be substantially impacted by the proposed special-conditional use, as determined by the commission.
5. A narrative statement evaluating:
(a) The effects of the use upon the:
(1) Social aspects of the community;
(2) Economic aspects of the community;
(3) Fiscal aspects of the community; and
(4) Environmental aspects of the community.
(b) The relationship of the proposed use to the comprehensive development plan.
6. Any other information that the commission deems necessary for granting the permit.
(G) Application For Variance Permit: A written application shall be submitted containing:
1. A description of the nature of the variance requested.
2. A plot plan of the property, drawn to scale, showing:
(a) The relationship of the property to the surrounding area; and
(b) The location of adjoining property, with property owners' names listed on their respective parcels.
3. A narrative statement demonstrating that the requested variance conforms to the following standards:
(a) That special conditions and circumstances peculiar to the land, structure, building involved or use, which are not applicable to other lands, structures, buildings or uses in the same district, exist;
(b) That special conditions and circumstances do not result from any action of the applicant; and
(c) That granting the variance will not confer any special privileges, that are denied by this chapter to other lands, structures, buildings or uses in the same district.
4. The post office addresses of all property owners adjoining the subject property. (Ord. 425, 11-12-1985; amd. Ord. 620, 3-8-2010; Ord. 727, 3-27-2023)