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(A) Board of Appeals. The Planning Commission is constituted as the Board of Appeals and shall have the duty of hearing all appeals from any order, requirement, or decision made by the Zoning Official, Planning Official, or Building Official, and from any interpretation of the text of the Zoning Code or any determination by the Zoning Administrator as to the location of the boundary of a zoning district as shown on the official zoning map. The Board of Appeals shall have the final authority to deny such appeal after due study and deliberation. Should the Board of Appeals act favorably on the appeal it shall forward its recommendations to the Council for final action.
(B) Notice. Notice of hearings shall be mailed to all appellants. In all cases rendering determination of district boundary lines or interpretation of the text of the Zoning Code, a notice shall be published in the official newspaper once at least ten (10) days prior to the hearing. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the Department of Natural Resources, Division of Waters and postmarked at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivision/plats must include copies of the subdivision/plat. A copy of approved amendments and subdivision/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the Department of Natural Resources, Division of Waters and postmarked within ten (10) days of final action.
(C) The City Council, Planning Commission and city staff shall have the authority to request additional information from the applicant concerning the appeal or to retain expert testimony with the consent and at the expense of the applicant concerning the appeal, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Zoning Code and all other city codes and ordinances.
(Ord. 395, passed 7-6-2010)
(A) Authority. The City Council, in accordance with the procedures and standards set forth in this section, shall have the authority to grant variances from the provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property.
(B) Purpose. The variance procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this chapter that create practical difficulties or particular hardships.
(C) Persons entitled to seek variances. An application for a variance may be made by the owner of, or any person having a contractual interest in, the subject property.
(D) Procedure. The following procedures shall govern application for variances:
(1) Application. An application for a variance shall be filed with the Zoning Administrator on the form provided and shall contain the following information:
(a) The applicant’s name, address and proof of interest in the property;
(b) The property owner’s name and address, if different than the applicant, and the owner’s signed consent to the filing of the application;
(c) The street address and legal description of the property;
(d) The zoning classification and present use of the property;
(e) A statement of the specific provisions of this chapter from which a variance is sought and the precise variance being sought;
(f) A statement of the characteristics of the property that prevent compliance with the provisions of this chapter;
(g) A site plan showing existing lot lines and dimensions as well as lot area, all easements, all public street and private right-of-ways bordering and adjacent to the site, the use and location of all adjacent property;
(h) The specific feature or features of the proposed use, construction or development that require a variance; and
(i) Such other information or documentation as the Zoning Administrator may deem to be necessary or appropriate for a full and proper consideration and disposition of the application.
(2) Fee. An applicant for a variance shall pay a nonrefundable filing fee in connection with the submittal of the application in accordance with a fee schedule as established, from time to time, by the City Council.
(3) Action of the Zoning Administrator. Upon receipt of a properly completed application for a variance and accompanying documentation, the Zoning Administrator shall forthwith transmit to the Planning Commission the application together with all other documentation made part thereof.
(4) Public hearing. Upon receipt of a properly completed application for a variance, the Planning Commission shall set a date for a public hearing.
(5) Notice. Notice of the public hearing shall be given by the Zoning Administrator by one (1) publication in one (1) or more newspapers of general circulation. Notice shall be published a minimum of ten (10) days prior to the hearing date and a maximum of thirty (30) days to the hearing. Notice shall also be given by first class mail to all owners of property within three hundred fifty (350) feet of the proposed location of the variance. The notice shall describe the particular variance and shall contain a brief description thereof. County assessment records and street addresses shall be deemed sufficient for the location or certification of ownership for notification purposes.
(6) Action of the Planning Commission. Upon the conclusion of the public hearing, the Planning Commission shall transmit its recommendation to the City Council. The Planning Commission shall either recommend the granting of the variance, granting the variance subject to conditions, or denying the variance. The failure of the Planning Commission to act within a timeframe that allows the City Council to act within the mandated sixty (60) days shall be deemed a recommendation for the approval of the variance.
(7) Action of the City Council. After receipt of the Planning Commission’s recommendation or its failure to act within thirty (30) days, the City Council shall either grant the variance with or without conditions or deny the variance.
(E) Standards. In considering an application for a variance, the Planning Commission shall recommend the approval of the variance only upon the finding that the application complies with the standards set forth below.
(1) General standard. No variance shall be granted unless the applicant is able to establish that conforming to the strict letter of the provisions of this chapter would create a unique and particular hardship.
(2) Unique and particular hardship. Unique and particular hardship is defined as the property is exceptional as compared to other property subject to the same provisions by reason of a unique physical condition, including the presence of an existing use or structure, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographic features; or other extraordinary physical conditions peculiar to and inherent in the subject property. The hardship shall amount to more than a mere inconvenience to the owner and the hardship shall relate to the physical situation of the lot rather than the personal situation of the current owner of the property.
(3) Not self-created. The unique physical condition and hardship shall not be the result of any action or inaction of the property owner or its predecessors in title. The unique physical condition shall have existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this chapter.
(4) Denied substantial rights. The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject property of substantial rights commonly enjoyed by owners of other property subject to the same provisions.
(5) Not merely special privilege. The alleged hardship shall not include the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other properties subject to the same provision. The alleged hardship shall not include the inability of the owner to realize a greater profit than if the variance were not granted.
(6) No other remedy. There are no means other than the requested variance by which the alleged hardship can be avoided or remedied to a degree sufficient to permit a reasonable use of the property.
(7) Variance less than requested. A variance less than or different from that requested may be granted when the record supports the applicant’s right to some relief but not to the relief requested.
(8) Essential character of the area. The variance would not result in development on the property that:
(a) Would be materially detrimental or materially injurious to the enjoyment, use, development or value of property or improvements permitted in the vicinity;
(b) Would materially impair an inadequate supply of light and air to the properties and improvements within the vicinity;
(c) Would substantially increase congestion in the public streets due to traffic or parking;
(d) Would unduly increase the danger of flood or fire;
(e) Would unduly tax public utilities and facilities in the area;
(f) Would endanger the public health or safety; and
(g) Would not be in harmony with the general and specific purposes of this chapter and the comprehensive planning policies and objectives of the city.
(F) Conditions on variances. The City Council, upon recommendation from the Planning Commission, may impose specific conditions and limitations upon the granting of a variance as are necessary to achieve the purpose and objectives of this chapter. The conditions and limitations may include but are not limited to those concerning the use, construction, character, location, landscaping, screening, parking and other matters relating to the purpose and objectives of this chapter and shall be expressly set forth in the resolution granting the variance. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the variance.
(G) No presumption of approval. Application for variance does not constitute an assurance or presumption that such variance will be approved.
(H) Effect of approval. The approval of a proposed variance by the City Council shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of application for the permits or approvals as may be required by the regulation of the city, including but not limited to a building permit and a certificate of occupancy.
(I) Limitations on variances. Whenever, within one (1) year (or other designated time period as specified on the variance) after the granting of a variance and when the terms as specified by the variance have not been completed, then such variance shall become null and void, unless a request for extension of time has been granted by the City Council. Such extension requests shall be in writing and filed with the city at least thirty (30) days before expiration of the original variance. There shall be no charge for the filing of such request. Such request may be granted only once.
(J) Prohibited variances. Notwithstanding any other provision of this section, no variance shall be granted to establish a use not permitted in the zoning district where the property subject to the application is located.
(K) Effect of denial.
(1) Variances may be denied by motion of the City Council and such motion shall constitute a finding and determination by the City Council that the standards required for approval do not exist.
(2) No application of a property owner for a variance shall be considered by the City Council within a six (6) month period following a denial for such a request, except the City Council may permit a new application if in its opinion new evidence or a change in circumstances warrants it.
(Ord. 395, passed 7-6-2010)
(A) Authority. The City Council, in accordance with the procedures and standards set forth in this section, may grant conditional use permits authorizing the development of uses listed as conditional uses in the regulations applicable to the district in which the specific property is located. The City Council also reserves the right to review, modify or terminate the approval of any conditional use permit.
(B) Purpose. The principal objective of this section is to provide for an orderly arrangement of compatible building and land uses and for the proper locations of all types of uses required by the city. To accomplish this objective, each type and kind of use is classified as permitted in one (1) or more of the various districts established by this chapter. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which may be allowed because of their unusual characteristics or the service they provide the public. These conditional uses require particular considerations as to their proper location in relation to adjacent established or intended uses and the planned development of the community; therefore, each application will be reviewed on a case by case basis and will be subject to a public hearing process.
(C) Persons entitled to seek conditional use permits. An application for a conditional use permit may be made by any governmental office, department, board or commission or by any person having a contractual interest in the subject property.
(D) Procedure. The following procedures shall govern application for conditional use permits:
(1) Application. An application for a conditional use permit shall be filed with the Zoning Administrator on the form provided and shall contain the following information:
(a) The applicant’s name, address and proof of interest in the property;
(b) The property owner’s name and address, if different than the applicant, and the owner’s signed consent to the filing of the application;
(c) The street address and legal description of the property;
(d) The zoning classification and present use of the property;
(e) A general description of the proposed conditional use;
(f) A site plan conforming to the requirements of this chapter; and
(g) Such other information or documentation as the Zoning Administrator may deem to be necessary or appropriate for a full and proper consideration and disposition of the application.
(2) Fee. An applicant for a conditional use permit shall pay a nonrefundable filing fee in connection with the submittal of the application in accordance with a fee schedule as established, from time to time, by the City Council.
(3) Action of the Zoning Administrator. Upon receipt of a properly completed application for a conditional use and accompanying site plan, the Zoning Administrator shall forthwith transmit to the Planning Commission the application together with all other documentation made part thereof.
(4) Public hearing. Upon receipt of a properly completed application for a conditional use, the Planning Commission shall set a date for a public hearing.
(5) Notice. Notice of the public hearing shall be given by the Zoning Administrator by one (1) publication in one (1) or more newspapers of general circulation. Notice shall be published a minimum of ten (10) days prior to the hearing date and a maximum of thirty (30) days to the hearing. Notice shall also be given by first class mail to all owners of property within three hundred fifty (350) feet of the proposed location of the conditional use. The notice shall describe the particular conditional use and shall contain a brief description thereof. County assessment records and street addresses shall be deemed sufficient for the location or certification of ownership for notification purposes.
(6) Action of the Planning Commission. Upon the conclusion of the public hearing, the Planning Commission shall transmit its recommendation to the City Council. The Planning Commission shall either recommend the granting of the conditional use permit, granting the conditional use permit subject to conditions, or denying the conditional use permit. The failure of the Planning Commission to act within a timeframe that allows the City Council to act within the mandated sixty (60) days shall be deemed a recommendation for the approval of the conditional use permit.
(7) Action of the City Council. After receipt of the Planning Commission’s recommendation or its failure to act within thirty (30) days, the City Council shall either approve the conditional use permit with or without conditions or deny the conditional use permit.
(E) Standards. In considering an application for conditional use permit, the Planning Commission shall make its recommendation upon the finding that the application complies with each of the standards set forth below and, where applicable, any conditional standards for specific uses set forth in the provisions of a specific zoning district.
(1) The use is consistent with the purposes and intent of the Zoning Code and the purposes and intent of the zoning district in which the applicant intends to locate the proposed use.
(2) The use is in keeping with the Comprehensive Plan and the policies thereof.
(3) The use will not cause undue traffic congestion or hazards.
(4) The use will be adequately served by public utilities and all other necessary public facilities and services.
(5) The structure and the site shall have an appearance that will not have an adverse effect upon adjacent properties.
(6) The use will be sufficiently compatible by distance or screened from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land.
(7) The use will not jeopardize the public's health, safety or general welfare.
(F) Sequence of approval of applications for both a conditional use and a variance. Whenever the applicant indicates that a variance will be necessary in connection with the proposed conditional use (other than a planned unit development), the applicant shall at the time of filing for a conditional use file an application for a variance with the Planning Commission. The applications shall be processed at the same time and reviewed by the Planning Commission at the same meeting. However, the Planning Commission shall not take any action on the application for a variance until the Planning Commission first acts to recommend the granting of the conditional use permit, granting the conditional use permit subject to conditions, or denying the conditional use permit.
(G) Conditions of conditional uses.
(1) The City Council, upon recommendation from the Planning Commission, may impose specific conditions and limitations concerning the use, construction, character, location, landscaping, screening, parking and other matters relating to the purpose and objectives of this chapter upon the premises benefited by a conditional use. In addition, the City Council may require a performance guarantee to be submitted to the city in order to ensure compliance with the terms of approval.
(2) The conditions and limitations of approval may be more restrictive than standards outlined in this chapter but shall not be less restrictive. The conditions and limitations may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the proposed property or on public facilities. The conditions shall be expressly set forth in the resolution granting the conditional use permit. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the conditional use permit.
(H) No presumption of approval. The listing of a conditional use within each zoning district does not constitute an assurance or presumption that such conditional use will be approved. Rather, each proposed conditional use shall be evaluated on an individual basis in order to determine whether approval of the conditional use is appropriate at the particular location and in the particular manner proposed.
(I) Effect of approval. The approval of a proposed conditional use by the City Council shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of application for the permits or approvals as may be required by the regulation of the city, including but not limited to a building permit and a certificate of occupancy.
(J) Limitations on conditional uses.
(1) Whenever, within one (1) year (or other designated time period as specified on the resolution) after the granting of a conditional use permit and when the terms of the conditional use permit have not been completed, then such permit shall become null and void, unless a request for extension of time has been granted by the City Council. Such extension requests shall be in writing and filed with the city at least thirty (30) days before expiration of the original permit. There shall be no charge for the filing of such request. Such request may be granted only once.
(2) Except when otherwise provided in the resolution approving a conditional use, a conditional use shall be deemed to relate to, and be for the benefit of, the use and lot in question, rather than the owner or operator of such lot.
(K) Effect of denial.
(1) Conditional use permits may be denied by motion of the City Council and such motion shall constitute a finding and determination by the City Council that the standards required for approval do not exist.
(2) No application of a property owner for a conditional use permit shall be considered by the City Council within a six (6) month period following a denial for such a request, except the City Council may permit a new application if in its opinion new evidence or a change in circumstances warrants it.
(Ord. 395, passed 7-6-2010)
(A) Purpose. The purpose and intent of allowing interim uses is:
(1) To allow a use within any zoning district for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner provided in the Comprehensive Plan;
(2) To allow a use that is presently acceptable but that, with anticipated development or other changes, will not be acceptable in the future.
(B) Application and procedures. The application, public hearing, public notice and procedure requirements for interim use permits shall be the same as those for conditional use permits as provided in § 150.036.
(C) Standards. The Planning Commission shall recommend an interim use permit and the City Council shall issue such interim use permit only if it finds that such use at the proposed location:
(1) Meets the standards of a conditional use permit set forth in § 150.036;
(2) Will terminate upon a date or event that can be identified with certainty;
(3) Will not impose, by agreement, additional costs on the public if it is necessary for the public to take the property in the future;
(4) Will be subjected to, by agreement with the property owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the property owner will provide an appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit.
(D) Termination. An interim use permit shall terminate upon the occurrence of any of the following events, whichever occurs first:
(1) The date or event stated in the permit; or
(2) A violation of conditions under which the permit was issued; or
(3) A change in the city's Zoning Code which renders the use non-conforming; or
(4) The use has been discontinued for six (6) months.
(E) Limitations on interim uses. No more than one (1) request for extension shall be granted by the City Council. Such extension requests shall be in writing and filed with the city at least thirty (30) days before expiration of the original permit.
(Ord. 395, passed 7-6-2010)
(A) Authority. The text of this chapter and the Official Zoning Map may be amended from time to time by the passage of an ordinance duly adopted by the City Council in accordance with procedures set forth herein.
(B) Purpose. The purpose of this section is to provide standards and procedures for making amendments to the text of this chapter and the Official Zoning Map that are of general significance or application. The amendment process is not intended to relieve particular hardships nor to confer special privileges or rights to any person but only to make adjustments necessary in light of changed conditions or changes in public policy.
(C) Parties entitled to initiate amendments. Amendments to the text of this chapter and the Official Zoning Map may be initiated by written petition of any affected property owner, the City Council or the Planning Commission, provided the petition meets the requirements set forth in this section.
(D) Requirements for amendment petitions. Petitions for amendments to this chapter shall be in such form and accompanied by such information as shall be prescribed, from time to time, by the Planning Commission and shall contain at the least the following:
(1) The petitioner's name, address and interest in the petition and the name, address and interest in every person, firm, corporation or government agency represented by the petitioner in the petition;
(2) The precise wording of the proposed amendment, together with a concise explanation of its presumed effect;
(3) A statement containing all the circumstances, factors and arguments that the petitioner offers in support of the proposed amendment;
(4) In the event that the proposed amendment would result in the rezoning of any property, the following shall be supplied:
(a) A statement specifying the names of the owners of the land proposed to be rezoned;
(b) A statement identifying the majority of owners of the land proposed to be rezoned and being parties to the petition;
(c) The street address and legal description of the land proposed to be rezoned;
(d) The present zoning classification and use of the land proposed to be rezoned;
(e) A statement of purpose explaining the reasons for the rezoning.
(E) Fee. An applicant for an amendment shall pay a nonrefundable filing fee in connection with the submittal of the application in accordance with a fee schedule as established, from time to time, by the City Council.
(F) Standards for amendments. In making their determination, the City Council shall consider the following:
(1) Whether the proposed amendment is consistent with the goals, objectives and policies of the Comprehensive Plan, as adopted and amended from time to time by the City Council;
(2) Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the affected property;
(3) Whether the proposed amendment will have an adverse effect on the value of adjacent properties;
(4) The adequacy of public facilities and services.
(G) Procedure for review and decision of proposed amendments. A petition to amend the text of this chapter and the Official Zoning Map shall be processed in accordance with the following procedures:
(1) Public hearing. Upon receipt of a properly completed application for amendment, the Planning Commission shall set a date for a public hearing.
(2) Notice. Notice of the public hearing shall be given by the Zoning Administrator by one (1) publication in one (1) or more newspapers of general circulation. Notice shall be published a minimum of ten (10) days prior to the hearing date and a maximum of thirty (30) days to the hearing. Notice shall also be given by first class mail to all owners of property within three hundred fifty (350) feet of the area proposed to be rezoned or as otherwise provided by state law. County assessment records and street addresses shall be deemed sufficient for the location or certification of ownership for notification purposes.
(3) Action of the Planning Commission. Upon receipt of the petition, including a copy of the proposed text or map changes, the Planning Commission shall hold a public hearing. The Planning Commission shall recommend the approval or denial of the proposed amendment, or the approval of the amendment with modifications, and shall then submit its written recommendation to the City Council. The failure of the Planning Commission to act within a timeframe that allows the City Council to act within the mandated sixty (60) days shall be deemed a recommendation for approval of the amendment.
(4) Action of the City Council. After receipt of the Planning Commission’s recommendation or its failure to act within thirty (30) days, the City Council shall either adopt or reject the recommendation or adopt some modification of the recommendation.
(Ord. 395, passed 7-6-2010)
ZONING DISTRICTS AND MAP
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