(A) Building permits.
(1) No new development, change of use, moving in/moving out of structures, demolition or other action which may be regulated by the provisions of this chapter including use, height, number of occupants, lot area, off-street parking or yard requirements, shall occur without a building permit issued by the Administrative Official. Building permits issued on the basis of plans and applications recommended for approval by the City Council and approved by the Administrative Official authorize only the use, arrangement or construction set forth in such approved plans and specifications.
(2) Any use, arrangement or construction at variance without authorization shall be deemed a violation of this regulation and shall be punishable as provided by this regulation. The failure to obtain the necessary building permit shall be punishable under this regulation.
(a) The landowner, or applicant on behalf of the landowner, requesting the building permit shall complete an application for a building permit, accompanied with the appropriate fee, available from the Administrative Official. Completed applications shall be returned to the Administrative Official for review. To be considered complete, the application form shall be accompanied by the following additional items.
1. Applications for building permits shall be accompanied by a site plan drawn to scale with the following information indicated in order to determine compliance with this chapter.
2. A site plan, drawn to scale, showing the exact size, shape and dimensions of the lot to be built upon, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected or moved, and the size, arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities.
3. The location of the said lot with respect to existing rights-of-way and adjacent lots.
4. A letter of certification stating that the lot to be built upon has been accurately surveyed. This requirement may be waived by the Administrative Official in the event lot markers (pins) have been located.
5. Any other information which the Administrative Official may deem necessary for consideration in enforcing the provisions of this chapter.
(b) One copy of the application shall be returned to the applicant, after the Administrative Official has marked such copy as either approved or disapproved, and attested to the same by signing said copy of the plans, the Administrative Official, for city records, shall retain one copy of the application, similarly marked.
(c) The Administrative Official shall then, if the application is approved, issue a signed building permit. If the Administrative Official determines the proposed action would not be in compliance with the provisions of these regulations, a building permit may not be issued, and the applicant may then appeal the action of the Administrative Official to the Board of Adjustment
(d) Building permits shall be posted in a conspicuous place upon the premises and visible from a public right-of-way at all times from the beginning until completion of such construction, alteration or repair.
(e) With application for a building permit, the site must be clearly staked out and/or the Administrative Official will examine plans that clearly indicate the structure to be erected or remodeled, or alterations of the existing structure.
(B) Conditional uses.
(1) Conditional uses are allowed for certain uses in some zoning districts. Uses not listed within the individual zoning districts as eligible for a conditional use permit shall not, in any circumstances, be granted a conditional use permit.
(2) The following procedure for requesting a conditional use permit shall be followed.
(a) The Board of Adjustment shall follow the following procedure in considering the recommendation of the Administrative Official. A conditional use permit from the terms of this chapter shall not be granted by the Board of Adjustment unless and until:
1. The landowner, or applicant on behalf of the landowner, requesting the conditional use permit shall complete an application for a conditional use permit, available from the Administrative Official. Any required attachments and fees as in § 154.35 shall further accompany the application. The written application for a conditional use shall indicate the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested; completed applications shall be returned to the Administrative Official for review. To be considered by the Board of Adjustment, the application form shall be completed, if any of the information required by division (A) above has changed since the original building permit application, the revised, update or corrected information shall accompany the application for a conditional use permit;
2. The Administrative Official shall review the application, and shall prepare a summary of the application, and recommended reasons, and justification for either approval of or disapproval of the application;
3. The Administrative Official shall set the date, time and place for a public hearing to be held by the Board of Adjustment. Not less than ten days prior to the public hearing, the Administrative Official shall notify the adjacent landowners (excluding streets and alley) by mail; shall publish notice of the public hearing, in a newspaper of general circulation in the area affected by the proposed conditional use permit. The notification of adjacent landowners and publication of notice shall be performed by the Administrative Official at the expense of the applicant;
4. A public hearing shall be held. Any party may appear in person, or by agent or attorney;
5. The Board of Adjustment shall rule that it is empowered under the section of this chapter described in the application to grant the conditional use, and that the granting of the conditional use will not adversely affect the public interest; and
6. Before any conditional use permit shall be issued, the Board of Adjustment shall make written finding certifying compliance with the specific rules governing individual conditional uses and that satisfactory provision and arrangement has been made concerning the following, where applicable:
a. Utilities, refuse and service areas, with reference to locations, availability and compatibility;
b. Screening and buffering with reference to type, dimensions and character;
c. Required yards and other open space;
d. General compatibility with adjacent properties and other property in the district;
e. Entrance and exit to property and proposed and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; and
f. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties.
(b) In order to preserve the intent of these zoning regulations and to protect the public interest, the Board of Adjustment may attach conditions to a conditional use permit. A conditional use permit shall remain valid only as long as the terms and conditions of the conditional use permit, as attached by the Board of Adjustment are complied with.
(c) Approval of any application for a conditional use permit shall be by a two-thirds majority (two votes) of all members of the Board of Adjustment.
(C) Variances.
(1) Variances are designed to allow some flexibility in the zoning regulations in cases where the exceptional shape of a parcel of land, the use of a property is overwhelmingly affected by exceptional topographic conditions, or any other extraordinary situation or condition of such a parcel of land. Variances are to be approved only when a property owner demonstrates that the provisions of all or part of these regulations present an undue hardship on such property owner’s use of such parcel of land. A variance shall include a description of the specific regulatory item or items in this chapter, which are found to produce said undue hardship. Variances shall only be granted when the Board of Adjustments finds that such relief from these zoning regulations will be neither detrimental to the public good nor in conflict with the intent of these zoning regulations.
(2) The following procedure for requesting a variance shall be followed.
(a) The Board of Adjustment shall follow the following procedure in considering the recommendation of the Administrative Official. A variance from the terms of this chapter shall not be granted by the Board of Adjustment unless and until:
1. An application for variance, available from the Administrative Official, shall be completed by the landowner, or applicant on behalf of the landowner, requesting the variance and shall be accompanied by any required attachments and fees as in § 154.35(C). The written application for a variance shall indicate the section of this chapter under which the variance is sought and stating the grounds for which it is requested. Completed applications shall be returned to the Administrative Official for review. To be considered by the Board of Adjustment, the application form shall be completed. If any of the information required by division (A) above has changed since the original building permit application, the revised, updated or corrected information shall accompany the application for a variance.
2. The Administrative Official shall review the application, and shall prepare a summary of the application, and recommended reasons and justification for either approval of or disapproval of the application.
3. The Administrative Official shall set the date, time and place for a public hearing to be held by the Board of Adjustment. Not less than ten days prior to the public hearing, the Administrative Official shall notify the adjacent landowners (excluding streets and alley) by mail; shall publish notice of the public hearing, in a newspaper of general circulation in the area affected by the proposed conditional use Permit. The notification of adjacent landowners and publication of notice shall be performed by the Administrative Official at the expense of the applicant.
4. A public hearing shall be held. Any party may appear in person, or by agent or attorney;
5. The Board of Adjustment shall follow the following procedure in considering the recommendation of the Administrative Official. A variance from the terms of this chapter shall not be granted by the Board of Adjustments unless and until:
a. A written application for a variance is submitted demonstrating:
i. That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other land, structures or buildings in the same district;
ii. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
iii. That the special conditions and circumstance do not result from the actions of the applicant; and
iv. That granting the variance request will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.
b. No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
(b) The Board of Adjustment shall make findings that the requirements of division (C)(2)(a)5. above have been met by the applicant for a variance.
(c) The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of land, building or structure.
(d) The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(e) Approval of any variance shall be by a two-thirds majority (two votes) of all members of the Board of Adjustment.
(f) In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 154.02(B).
(g) Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.
(D) Board has powers of Administrative Official on appeals: reversing decision of Administrative Official.
(1) It is the intent if this chapter that all questions of interpretation and enforcement shall be first presented to the Administrative Official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Administrative Official.
(2) In exercising the above-mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shaft have the powers of the Administrative Official from whom the appeal is taken.
(3) The concurring vote of two-thirds of all members (two votes) of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Administrative Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.
(E) Appeals. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment may present to a court of record a petition duly verified, setting forth that the decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the court within 30 days after the filing of the decision in the office of the Finance Officer.
(F) Zoning amendments.
(1) The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented, changed or repealed, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Unless otherwise provided for in these regulations, any change in these regulations, shall require City Council approval of an ordinance describing said changes. The City Council may not consider said ordinance until the Planning and Zoning Commission has delivered a recommendation to either approve or not approve said ordinance.
(2) The following procedure for requesting a zoning amendment shall be followed.
(a) 1. An application for amendment, available from the Administrative Official, shall be completed by the landowner or other person(s) requesting the amendment. Completed applications shall be returned to the Administrative Official for review. To be considered by the Planning and Zoning Commission and City Council, the application form shall be completed and shall be accompanied by the following items:
a. Any required attachments and fees, including registered or certified mail costs in § 154.35(C); and
b. Any additional information, as requested by the Administrative Official, as lawfully may be required to determine conformance with and provide for enforcement of this chapter.
2. The Administrative Official shall review the application, and shall forward a summary of the application, and his or her comments regarding said application, to the Planning and Zoning Commission for their review.
3. The Administrative Official shall set the date, time, and place for a joint public hearing to be held by the Planning and Zoning Commission and City Council. The Administrative Official shall publish notice of the public hearing in a newspaper of general circulation in the area affected by the proposed amendment; such notice shall be published not less than ten days prior to the public hearing, if the proposed amendment will change the boundaries of a zoning district, the Administrative Official shall notify all owners of property within 250 feet of the proposed boundary change, by registered or certified mail at the expense of the applicant, at least ten days before the public hearing.
4. The public hearing shall be held. Any person may appear in person, or by agent or attorney. Minutes of the public hearing shall be recorded and kept in the records of the Planning and Zoning Commission.
5. The Planning and Zoning Commission shall either recommend or not recommend approval of the amendment to the City Council.
6. The City Council shall either approve or not approve the ordinance describing the proposed changes to these zoning regulations, in accordance with standard procedures for reading, approval, publication and effective date.
7. When the City Council approves a proposed amendment affecting the zoning classification of property, affected property owners may file a written protest to stop such an amendment from taking effect. If the protest meets the following standard, such amendment shall not become effective unless the amendment is approved by two-thirds of the City Council.
(b) The protest shall be signed by at least 40% of the owners of equity in the parcels in the area affected by the amendment, and the parcels or parts of parcels within 250 feet of the area affected by the amendment.
(G) Reapplication. No application requesting a variance, conditional use, or zoning ordinance amendment or district classification change on any property whose application includes any such property either entirely or substantially the same as that which has been denied by the Board, shall again be considered by the Planning Commission or Board of Adjustment before the expiration of six months from the date of the final action of the Planning Commission or Board of Adjustment
(Ord. passed 7-7-2014)