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§ 153.020 BUILDING REQUIREMENTS (PERMITS).
   On 3-9-2004, the Town Planning and Zoning Commission and the Fredonia Town Council adopted the following building codes: National Electric Code 2002, Uniform Plumbing Code 2003, Uniform Mechanic Code 2003, Building Construction and Safety Code Handbook 2003 and NFPA 5000, NFPA Standard for Electric Safety 2000 and all ANSI standards.
(1974 Code, § 18-2-1) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999; Ord. 13-001, passed 2-26-2013)
§ 153.021 AMENDMENTS OR ZONE CHANGES.
   (A)   Petition for amendment or change. The Council may, from time to time, change the district boundaries or amend the regulation herein established. The change may be initiated by the Council, the Planning and Zoning Commission, or by petition of one or more owners of real property within the area proposed to be changed. Petitions for a zone change shall be filed with the Town Clerk on forms provided by the town and a filing fee, as may be established from time to time by the Town Council, shall be paid.
   (B)   Commission action. Upon receipt of a completed application and payment of the required filing fee, the Planning and Zoning Commission shall set a public hearing for the proposed change, giving notice thereof to interested parties and to the public by publication of a notice in a newspaper of general circulation in the town, by posting notice of the change in three public places, not less than 45 days prior to the hearing. The notice shall state the time and place of the hearing and a general explanation of the matter to be considered, including a general description of the area affected. At the hearing, the Commission may:
      (1)   Vote to deny the request;
      (2)   Vote to approve the request; or
      (3)   Vote to approve the request, but reduce the amount of area recommended for approval.
   (C)   Council action.
      (1)   Once the Commission has held a public hearing, the Council may adopt the recommendation of the Commission without holding a public hearing if there is no objection, request for a hearing, or other protest to the Commission action. The Council shall hold a public hearing if requested by an aggrieved party, any member of the public, or by the request of the governing body or the Planning and Zoning Commission. The manner of holding the public hearing shall be the same as required by the Planning and Zoning Commission. Additional notice may be given if the Town Council deems it necessary or desirable.
      (2)   The Council may not make changes in the proposal unless first returned to the Planning and Zoning Commission for their recommendation.
      (3)   At the time of re-zoning, the Council shall establish a schedule for development of the specific use or uses for which re-zoning is requested. If at the expiration of this period, the property has not been improved for the use for which it was approved, it shall revert to its former zoning classification without legislative action.
   (D)   Reconsideration of denied changes. In the event that a petition for an amendment is denied by the Council, or is withdrawn after the Commission hearing, the Commission shall not consider the petition or any other petition for the same amendment of this chapter as it applies to the same property described in the petition, or any part thereof, for a period of one year from the date of the denial, unless the conditions upon which the original denial was based have made a significant change.
(1974 Code, § 18-2-2) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
§ 153.022 CONDITIONAL USE PERMITS.
   (A)   Purpose. To provide for the regulation of land uses to ensure their compatibility and proper integration into the land use pattern of the town. Certain uses which may be harmonious under special conditions, but improper under general conditions are classified as conditional uses and require conditional use permits for approval, prior to construction.
   (B)   Permit required. An approved conditional use permit shall be required for each conditional use listed in this chapter. No building permit or other permit or license shall be issued for a use requiring conditional use approval until a conditional use permit shall first have been recommended by the Commission and then approved by the Town Council.
   (C)   Conditional use application. Petition for a conditional use permit shall be made to the Town Clerk on forms provided by the town and a filing fee, (see fee schedule) as may be established from time to time by the Town Council, shall be paid. Along with the application, the applicant shall file a site development plan, drawn to scale, and showing the location of all existing and proposed buildings, fences, general landscaping, automobile circulation and parking, loading areas, garbage collection areas, lighting, signs and topography. If necessary, the applicant will file a vicinity map, a drainage plan and any other information that the Commission may deem desirable to properly consider the request.
   (D)   Commission action. Upon receipt of an application for a conditional use permit, the Planning and Zoning Commission shall hold a hearing on the request at its next regular Commission meeting. The Commission, after review, shall recommend approval of the request by addition of any conditions that it might deem necessary to protect the health, safety, welfare and aesthetics of the area.
   (E)   Council action. Once the Commission has held a hearing on the application for a conditional use permit, it shall make recommendation to the Town Council, and the Council may approve deny or send the conditional use application back to the Commission for modification in public meeting. In approving any conditional use, the Council shall find the proposed use to be necessary or desirable for and not detrimental to the public health, safety and welfare, and that it is in harmony with the intent and purpose of the master plan of the town. It may impose such regulations and conditions it may deem necessary to allow it to make those findings.
   (F)   Time limitation. The use becomes effective upon Council action. The conditional use permit shall be good for a period of one year from the date of approval, otherwise it shall become null and void. At the termination of the time period, the permit shall be void if the work approved by the permit has not been completed. An extension for the construction period may be approved by the Council, upon application by the applicant and recommendation by the Planning and Zoning Commission. Extensions may be granted for a maximum period of one year at a time. Upon completion of the construction of all improvements proposed and required to be constructed, no further review shall be necessary. The Council may place a time limitation on some uses in which case the use will be reviewed at the end of the period specified. The review may result in a continuation of the request for a period of time, or it may result in termination of the conditional use permit.
   (G)   Denial of request. In the event that the Council denies the request for a conditional use permit, no person shall reapply on the same property for a period of one year from the date of denial unless the conditions upon which the original denial was based have changed substantially.
(1974 Code, § 18-2-3) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
§ 153.023 PLAN REVIEW.
   (A)   Purpose. The purpose of the plan review is to allow the town to determine that the development is in conformity with the intent and purpose of this chapter and with all other ordinances. The plan review requirement shall apply to all permitted and conditional uses in all zoning districts.
   (B)   Review. The Building Inspector will review all plans submitted. Plans requiring review and approval by the Planning and Zoning Commission, Board of Adjustment or Town Council will be referred to the appropriate body for review and action. Once approved, permits may be issued, fees paid and then construction may begin. Failure to submit plans or failure to receive plan approval prior to construction shall be considered to be a violation of this chapter.
   (C)   Official soil test. The town shall recommend to each property owner, at the time permit is issued, that an official soil test and report to determine type and consistency of soil on building site be obtained.
(1974 Code, § 18-2-4) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
SUPPLEMENTARY AND QUALIFYING REGULATIONS
§ 153.035 NON-CONFORMING USES AND STRUCTURES.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      NON-CONFORMING STRUCTURE. A structure which was lawfully erected prior to the adoption of this chapter but which, under this chapter, does not conform with the standards of coverage, yard spaces, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located.
      NON-CONFORMING USE. A use of a structure or land which was lawfully established and maintained prior to the adoption of this chapter, but which, under this chapter, does not conform to the use regulations for the district in which it is located.
   (B)   Application.
      (1)   Any non-conforming structure may be restored to a safe condition. Any expansion must be approved by the Council. Replacement of a non-conforming structure or use terminates its non-conforming status.
      (2)   The lawful use of land, buildings or structures existing at the time of the passage of this chapter, although it does not conform to the provisions hereof, may be continued, but if the non-conforming use is discontinued for a period of one year, any future use of the land or structure shall be in conformity with the provisions of this chapter.
      (3)   A non-conforming use of a building or land shall not be changed to another non-conforming use. Changes shall be to a conforming use only.
      (4)   No building, structure or premises shall be used and no building, structure or part thereof shall be constructed, altered, repaired, improved, moved, removed, erected or materially altered, except in conformity with the provision of the zone in which it is located, unless it is non-conforming as provided herein. Any use that is not specifically permitted is hereby declared to be a prohibited use, unless otherwise approved by the Council.
(1974 Code, § 18-3-1) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
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