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(A) General provisions. In no case shall conditional uses be authorized without the approval of the Board of Zoning Appeals (BZA). Further, no decisions on previous applications shall serve to set a precedent for any other application before the BZA.
(B) Procedures.
(1) (a) Application. The applicant shall submit a conditional use application, affidavit and consent of property owner (if the owner is someone other than the applicant), a copy of the deed for the property involved, the required filing fee and required supporting information. Other supporting information shall include, but not be limited to, the following:
1. Site plan. A site plan shall be signed and dated, and clearly show the entire layout of the property and all features relevant to the conditional use request; and
2. Statement of intent. A statement of intent to the Board of Zoning Appeals describing the details of the conditional use request including, but not limited to:
A. The ways in which the conditional use shall comply with the applicable development standards of this ordinance;
B. The ways in which the conditional use shall be consistent with the required determination in writing; and
C. Any written commitments being made by the applicant.
(b) An application for a conditional use for all new light and heavy manufacturing uses shall be filed with the city Planning and Building Department by at least one owner or agent of the owner of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
1. Name, address, and phone number of the applicant;
2. Letter of authorization of owner of property if the applicant is not owner;
3. Legal description of property;
4. Description of proposed conditional use;
5. Description of proposed conditional use;
6. A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Unified Development Ordinance;
7. A narrative statement evaluating the effects on adjoining property, the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan;
8. Such other information as may be required by the Board of Zoning Appeals; and
9. A fee as established by ordinance.
(2) Notification. Notification for the scheduled public hearing regarding the conditional use request shall be completed consistent with § 9.15 and the Rules and Procedures of the Board of Zoning Appeals.
(3) Public hearing.
(a) The BZA will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the conditional use application and required supporting information.
(b) Representation, testimony, procedures and decisions shall be as stated in the BZA Rules of Procedure, as amended.
(4) Standards for granting a conditional use. The following conditions must be met in order to grant a conditional use.
(a) The proposed use is listed as a conditional use for the particular zoning district of the subject site.
(b) The establishment, maintenance or operation of the conditional use will not be determintal to or endanger the public health, safety, morals or general welfare of the community.
(c) The conditional use will not be injurious to the use and enjoyment of the other property in the immediate vicinity for lawfully-permitted purposes, nor substantially diminish or impair property values within the neighborhood and zoning district.
(d) The establishment of the conditional use will not impede or substantially alter the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.
(e) Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided.
(f) The proposed use is not in conflict with the goals of the comprehensive plan or the unified development ordinance.
(C) General standards applicable to all conditional uses. In addition to the special requirements for permitted conditional uses as specified in Chapter 9, the Board of Zoning Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that the use at the proposed location:
(1) Is in fact a permitted conditional use as listed in each use district and appears in Chapter 4, Use Matrix for the zoning involved;
(2) Will be harmonious with and in accordance with the general objectives, or with any specific objective of the city’s comprehensive plan and zoning ordinance;
(3) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance 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 such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service;
(6) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
(7) 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;
(8) 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;
(9) Will have vehicular approaches to the property, which shall be so designed as not to create an interface with traffic on surrounding public thoroughfares; and
(10) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(Ord. 07-16, passed 12-10-2007; Ord. 2009-04, passed 4-13-2009; Ord. 2015-14, passed 11-10-2015)
Cross-reference:
Sign exemptions, see Title XV, § 7.7(C)
(A) Applicability. The following procedure applies to sign permits. Refer to § 7.7 for standards for permanent and temporary signs.
(B) Exemptions. No sign shall be constructed, replaced, erected or modified within the city limits without first obtaining a sign permit; provided, however, that the following shall be exempt from permitting requirements:
(1) Ordinary maintenance and repair to existing signs, provided that the work does not affect the structure to a degree greater than 50% of the current replacement cost, exclusive of the structural support of the sign;
(2) Change of copy on signs listing current or future programs and events taking place on the premises;
(3) Seasonal decorations and displays, provided they conform to the provisions of § 7.7;
(4) Real estate signs, provided they conform to the provisions of § 7.7;
(5) Street signs erected by a subdivider or by the municipality for the purpose of street identification;
(6) Public information signs installed by the city or other governmental agency; and
(7) Rotation, repainting and posting of copy.
(C) Application. Application for sign permits shall be made through the Administrator and shall include a site plan that includes the following information:
(1) Clear and legible drawings with descriptions showing the location of the sign that is the subject of the permit, as well as the location of the building, structure or land on which the sign is to be located;
(2) An indication of all existing and anticipated signs on the same property and for the same business use;
(3) The proposed location of the sign in relation to the face of the building or the lot lines of the property on which it is to be located (including the locations of easements), whichever is applicable;
(4) The dimensions of the sign, and where applicable, the dimensions of the wall surface of the building to which it is to be attached;
(5) The dimensions of the sign’s structural members;
(6) Mounting details;
(7) Description of sign materials and colors;
(8) Type of illumination;
(9) The owner shall agree to maintain the sign by repainting peeled surfaces and replacing inoperative components; and to remove the sign when the use of the property has been terminated. Should he or she fail to maintain the sign as outlined above, the city shall cause the sign to be removed at the owner’s expense after having given the owner of the sign 30 days written notice to do so;
(10) Other applicable information as the Administrator may require under the provisions of this section; and
(11) A sign permit fee shall accompany the application for a permit and shall be paid in accordance with the fee schedule in effect at the time of application.
(D) Procedure. The Zoning Administrator shall review an application for a sign permit for compliance with this chapter and issue the permit or reject the application in writing within ten working days of its receipt. Failure of the Administrator to take these actions shall constitute approval of the sign permit.
(E) Effect of sign permit issuance. A sign permit issued under the provisions of this section shall not be deemed to constitute permission or authorization to maintain an unlawful sign nor shall it be deemed as a defense in an action to remove an unlawful sign.
(F) Expiration. A sign permit shall become null and void if work has not been started within 30 days of the date the permit is issued or completed within 90 days of the date the permit is issued; provided, however, that when a sign permit is issued in connection with a building permit for the site on which the sign is to be located, the sign permit shall not run concurrent with the building permit. If the sign has not been erected upon expiration of the permit, the holder of a sign permit may apply through the Administrator for a three-month extension on the permit within ten working days of the expiration date. A sign permit shall be renewed only once, after which time the permit shall be null and void.
(G) Inspection.
(1) The Administrator or his or her appointed official shall have the right of entry in order to inspect all signs for compliance with the provisions of local codes and ordinances.
(2) When any sign becomes insecure, in danger of falling or otherwise unsafe, the Administrator shall send written notice to the owner of the sign to remove or repair the sign. If the sign is not so removed or repaired within 30-working days, the city shall cause the sign to be removed at the expense of the owner of the sign.
(Ord. 07-16, passed 12-10-2007)
Cross-reference:
Fence and wall standards, see Title XV, § 7.14
(A) Application requirements. Application for a fence permit shall be made to the Planning and Building Department, and shall contain, or have attached thereto, the following information:
(1) The name, address and telephone number of the applicant;
(2) The location of the lot(s) or boundaries of the property including easements, on which the fence is proposed to be constructed;
(3) The proposed location of the fence;
(4) The type of material and height of the proposed fence; and
(5) Any other information as the Administrator shall require to show full compliance with this ordinance and any other city ordinance.
(B) Appeal. Any denial of a fence permit by the Administrator may be appealed to the BZA.
(C) Fee. The fee for a fence permit shall be as prescribed in the fee ordinance and is payable upon receipt of permit.
(Ord. 07-16, passed 12-10-2007; Ord. 2008-07, passed 7-28-2008)
(A) Application requirements. Application for a home occupation permit shall be made to the Planning and Building Department. One home occupation permit shall be required for each home occupation within the residence, and shall contain, at a minimum, the following information:
(1) The name, address and telephone number of the applicant;
(2) The location and address of the lot(s); and
(3) Any other information as the Administrator shall require to show full compliance with this ordinance and any other city ordinance.
(B) Compliance. Home occupation permits are subject to review for compliance with § 7.12. Should a violation of this ordinance occur, the permit is subject to revocation.
(Ord. 07-16, passed 12-10-2007)
(A) Required. A demolition permit is required for any demolition or partial demolition of any building or structure within the city.
(B) Application. Application for a demolition permit shall be made to the Planning and Building Department, and shall contain, at a minimum, the following information:
(1) The owner’s complete name, present mailing address and phone number;
(2) The contractor’s complete name, present mailing address and phone number;
(3) A site plan, to scale, indicating all property lines, utility lines, buildings and structures on the site with emphasis on each building or structure to be demolished;
(4) A copy of a written release from all utility companies stating that the utilities to the building or structures being demolished have been properly terminated;
(5) A copy of inspections made regarding safe demolition; and
(6) A copy of all written notices to the owner(s) of the properties adjoining the projected demolition site.
(C) Approval. Demolition permit approval must come from the Planning and Building Department and the City Fire Department.
(D) Expiration. The demolition permit shall expire if work has not commenced within or is suspended for a period of six months from the issue date.
(Ord. 07-16, passed 12-10-2007)
(A) Required.
(1) Generally. All temporary vendors shall not conduct business without first obtaining a temporary vendor permit.
(2) Exemptions.
(a) Children’s lemonade stands and roadside farm stands on private residential property are not required to obtain a temporary vendor permit.
(b) Roadside sales stands are limited to fresh or canned produce, jams and other edible products grown by the property owner.
(B) Application. Application for a temporary vendor permit shall be made to the Planning and Building Department, and shall contain, at a minimum, the following information:
(1) The name, address and telephone number of the individual or organization applying for the permit. If not applied for by an organization, a permit will be required for each vending operation;
(2) The location and address where the temporary vending operation will be located;
(3) The type of merchandise being sold;
(4) If applied for by an organization, the approximate number of vendors; and
(5) The hours of operation and the duration/recurring nature of the vending operation.
(C) Temporary signs.
(1) Each temporary vending operation, whether applied for by an organization or by an individual, may be allowed up to one temporary sign, no more than 16 square feet in size, to be removed when the vending operation is not conducting business.
(2) The allowance for a temporary sign expires with the temporary vendor permit.
(Ord. 07-16, passed 12-10-2007)
(A) Certificate required.
(1) No land shall be occupied or used, no change shall be made in the use of land, except as provided in this ordinance, nor shall there be any change in the use of any building in whole or in part, for any purpose whatsoever, until a certificate of occupancy is issued by the Administrator. The certificate of occupancy shall state that the building and use comply with all of the provisions of this ordinance applicable to the building or premises or the use in the district in which it is to be located.
(2) When the improvement covered by the improvement location permit has been completed in substantial conformity with the site plan or development plan submitted in the application pursuant to § 9.17, a certificate of occupancy shall then be issued.
(B) Inspection. Upon the completion of the work approved through an improvement location permit, the permit holder shall contact the Planning and Building Department and schedule a final inspection to verify the installation of improvements consistent with the requirements of this ordinance.
(C) Temporary certificates. A temporary certificate of occupancy may be issued by the Administrator after application has been made for completed portions of a development which has been approved as a conditional use, provided that a certificate of occupancy is required upon completion of the total development.
(D) Applied for coincidentally. A certificate of occupancy shall be issued within ten days after notification by the applicant thereof that the lawful erection, reconstruction or structural alteration of the building or other improvement of the land has been completed.
(E) Record of certificates. A record of all certificates of occupancy shall be kept on file in the office of the Administrator, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected.
(F) Excavation. No improvement location permit shall be issued for the excavation for, or the erection, reconstruction or structural alteration of any building before application has been made and site or development plan approved.
(G) Completion time. The work or use authorized by any improvement location permit must be commenced within six months of the date of issuance of the permit, otherwise the same shall lapse and become null and void. All work so authorized shall be completed within 24 months from the issuance of the improvement location permit. At the Administrator’s discretion and with good cause shown, the Administrator may extend the work completion time.
(Ord. 07-16, passed 12-10-2007)
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