1. Purpose. Conditional expansion of nonconforming uses may be granted by the Board of Adjustment for legal nonconforming commercial uses in Commercial and Industrial Districts, and for legal nonconforming uses in the Commercial-Warehouse District and Industrial Districts. Upon review of each request for a conditional expansion, the nature of the use, the nature of the surrounding properties, and any other considerations pertinent to an individual request which may have relevance to whether or not that legal nonconforming use should be expanded shall be considered.
2. Conditional Expansions Permitted.
3. Expansion of Uses. Expansion of commercial or industrial uses are expressly prohibited in Residential Districts as well as the expansion of nonconforming industrial uses in all Commercial Districts with the exception of the C-WH District.
4. Application. An application for a conditional expansion shall be filed with the Zoning Administrator and be in the number of copies and shall contain such information and documentation as the Board may, by rule, require but shall in all instances contain at least the following documents and information:
A. Petition. A written petition containing the following information:
(1) Applicant’s name and address and his legal interest in the subject property.
(2) The title holder’s name and address, if different from the applicant, and evidence of title holder’s consent to the filing of the application.
(3) Street address or common description and the complete legal description of the property.
(4) The zoning district classification and present use of the property.
(5) A general description of the proposed conditional expansion.
(6) Statements addressing each of the standards set forth in Section 165.84(7) below, and stating how the proposed conditional expansion relates to and meets each such standard.
B. Location Map. A clear and legible map, drawn to a scale of one inch equals 300 feet (1" = 300') or larger, containing the following:
(1) Existing lot lines and streets within 600 feet of the subject property.
(2) Existing zoning districts within 600 feet of the subject property.
(3) Identification of the subject property and its dimensions.
(4) A north arrow.
(5) A legend box which includes the applicant’s name and phone number, date prepared, address, and legal description of the subject property and map scale.
C. Site Development Plan. The site development plan shall be prepared by an engineer, architect, landscape architect, or similar professional, and shall be at a scale of one inch equals 20 feet (1" = 20') or larger, and shall contain the following:
(1) Existing physical site conditions including contours at intervals of five feet or less, water courses, flood plains, unique natural features, and location of all trees five inches or more in diameter at a height of four feet above the ground line or general wooded areas; and proposed finished topographic contours.
(2) Existing and proposed lot lines and property dimensions.
(3) The location and dimensions of all existing and proposed principal and accessory buildings and any other significant structures on the subject property also showing separation between buildings and location and dimensions of yards.
(4) Identity of building types by usage, floor area and dwelling units, offices, or the like.
(5) Floor area of the existing buildings and the floor area and percentage increase of the proposed expansion.
(6) Location and dimensions of vehicular and pedestrian circulation elements including streets; driveways and entrances and exits thereto; off-street parking spaces, loading spaces and access aisles; and sidewalks, walkways and pathways.
(7) Existing and proposed utility systems including sanitary and storm sewers and water, electric, gas and telephone lines; surface drainage and any impoundment areas.
(8) General location and height of proposed fences and plantings and the type of materials to be used.
(9) Elevations and architectural renderings of structures and improvements sufficient to lay the basic architectural intent of the proposed improvements shall also be submitted.
5. Notification Signs. The Zoning Administrator shall provide each applicant for a conditional expansion with at least two notification signs which shall be clearly posted by the applicant on the subject property. On a larger property additional signs may be required as needed. At least one sign shall be placed so that it is clearly visible from an abutting street and if the subject property has frontage on more than one street a sign shall be posted on each such frontage. When a property has little or no direct street frontage, additional signs may be required to be posted adjacent to and facing the surrounding properties. For each sign provided, the applicant shall pay a fee of an amount established from time to time by the City Council by resolution.
A. Sign Content. The notification signs shall indicate the zoning district classification, the floor area of the existing building, and the floor area of the proposed expansion; and the date, time and place of the following meetings at which the special exception will be reviewed:
(1) Planning and Zoning Commission.
(2) Board of Adjustment Public Hearing. The sign shall also contain any additional information as the Board shall, by rule, require.
B. Time of Sign Posting. The notification signs shall be posted at least seven (7) days prior to the meeting of the Planning and Zoning Commission and shall be maintained continuously on the property until after the public hearing of the Board.
C. Failure to Post Signs. Failure to post and maintain such notices as prescribed above may be considered by the Board as sufficient cause to defer the hearing on the applications.
D. Sign Removal. Such signs shall be removed by the applicant within five (5) days after the public hearing. No person other than the applicant or his agent shall erect, remove or alter such signs. No one shall deface nor in any way affect the visibility or interfere with such signs.
6. Conditional Expansion Application Review Procedure. The Zoning Administrator shall forward copies of the Conditional Expansion application to the Board and to the Planning and Zoning Commission in the number of copies they shall each require.
A. Planning and Zoning Commission. The Planning and Zoning Commission shall review such application and return a written report of their findings and recommendations to the Board prior to the Board’s scheduled public hearing on the application. In their review, said Commission shall consider each of the standards established in Section 165.84(7) below. In a separate paragraph in such report, said Commission shall list any recommended conditions and/or restrictions to be attached to an approval of the subject application.
B. Board of Adjustment Public Hearing Notice. The Board shall set a Public Hearing for the application and shall publish notice of time and place of the hearing, in a publication of general circulation within the City of Hiawatha, not less than four (4) days nor more than 20 days before the date of such hearing. In setting the public hearing, the Board shall allow time required by the Planning and Zoning Commission to review the application and return its report to the Board.
C. Action by the Board. The Board shall, after receiving report from the Planning and Zoning Commission and conducting the public hearing on the application, reach its decision within forty-five (45) days of the date of the public hearing, unless such time is extended by mutual consent of the applicant and the Board. In their review, the Board shall consider each of the standards established in Section 165.84(7) below. The Board shall either grant the application for conditional expansion, grant it subject to conditions, or deny the application.
D. Conditions. The Board may impose such conditions, including restrictions and safeguards, upon the property benefited by the conditional expansion as considered necessary to prevent or minimize adverse effects upon other property in the vicinity or upon public facilities and services. Such conditions shall include a requirement that development be in accordance with a site development plan approved by the Board. Such conditions shall be expressly set forth in the approval of the conditional expansion. Violations of such conditions shall be a violation of this Code.
7. Standards for Conditional Expansion. Approval for any conditional expansion shall be granted only if evidence is presented which establishes:
A. That the proposed expansion or enlargement will not have a substantial adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility and service facilities, and other factors affecting the public health, safety and welfare.
B. That the proposed expansion or enlargement will be located, designed, constructed and operated in such a manner that it will be compatible with the immediate neighborhood and will not interfere with the orderly use, development and improvement of surrounding property.
C. That adequate measures have been or will be taken to assure adequate access designed to minimize traffic congestion and to assure adequate service by essential public services and facilities including utilities, storm water drainage and similar facilities.
D. That the proposed building, development, or use will comply with any additional standards imposed on it by provisions of this Code for the district in which the property is located.
E. Whether, and to what extent, all reasonable steps possible have been or will be taken to minimize any potential adverse effects on the surrounding property through building design, site design, landscaping, and screening.
8. Permits and Approvals Still Necessary. As appropriate, and as required by the codes and ordinances of the City, other permits and approvals shall be obtained. These may include building permits, certificates of occupancy, subdivision approval, and any similar permits or approvals. The approval of a conditional expansion and any conditions imposed thereon, including the approved site development plan, shall be taken into appropriate account in issuance of any said subsequent permits and approvals.
9. Revisions to an Approved Site Development Plan for a Conditional Expansion. If, at any time, the owner of land included in an approved site development plan for a conditional expansion desires to revise said approved plan, the applicant shall submit a written petition requesting such revision. A revised site development plan shall accompany the petition, and said plan shall show the proposed revisions to the approved site development plan. The petition and revised plan shall be submitted to the Zoning Administrator who shall forward a copy thereof to the Planning and Zoning Commission for review and report. After review of the report, a determination shall be made by the Zoning Administrator as to whether the proposed revisions constitute a major or minor revision to the approved plan. If an issue arises concerning whether a proposed revision constitutes a major or minor plan revision, the Board and the Planning and Zoning Commission shall be so informed. The Planning and Zoning Commission shall recommend whether it be considered a minor or major revision to the Board and then the Board shall make the final determination without the necessity of a public hearing thereon.
A. Minor Revisions. Minor revisions shall include those changes as established from time to time by resolution of the Board of Adjustment. Revised site development plans containing only minor revisions may be approved, approved with modifications, or denied by the Board without necessity of holding a public hearing thereon after report by the Zoning Administrator and the Planning and Zoning Commission. If approved, the revised site development plan shall then supersede the previous approved plan, and subsequent development on the property shall be in accordance with such approved revised plan.
B. Major Revisions. Any proposed revisions not classified as minor shall be considered major revisions.
(1) Procedure. An applicant requesting approval of major revisions in a site development plan previously approved for a conditional expansion shall submit a written petition, location map, and a site development plan which contains the requested revisions. Such material shall be submitted to the Zoning Administrator who shall forward copies to the Board and to the Planning and Zoning Commission. Notification signs shall be furnished to the applicant and all requirements of Section 165.84(5) shall apply, except that the content of the signs shall be modified to indicate that a revised site development plan is being requested.
a. The Planning and Zoning Commission shall review such application and return a written report of their findings and recommendations to the Board prior to the Board’s scheduled public hearing on the application.
b. The Board of Adjustment shall set a public hearing for the application and shall publish notice of time and place of the hearing in a publication of general circulation within the City of Hiawatha not less than ten (10) days before the date of such hearing. In setting the public hearing the Board shall allow the time required by the Planning and Zoning Commission to review the application and return its report to the Board. The Board shall, after receiving a report from the Planning and Zoning Commission and conducting the public hearing on the application, reach its decision within forty-five (45) days of the date of the public hearing unless such time is extended by mutual consent of the applicant and the Board. The Board may approve, approve with modifications, or deny such revised site development plan. If approved the revised site development plan shall then supersede the previously approved plan, and subsequent development on the property shall be in accordance with such approved revised plan.