§ 160.654 CITY COUNCIL HEARING.

   The city council shall conduct a public hearing to act on all zoning district classification change applications which have been processed and forwarded to them for public hearing as provided in this subchapter. After the planning commission hearing, the department of planning shall set a date for public hearing on the requested change of district classification. The date for a public hearing shall be a day when the city council is regularly scheduled to hear zoning district classification change requests as determined by the rules, policies and regulations as adopted or which may hereafter be adopted by city council for holding public hearings on the requests; or city council may designate a special meeting at which to hear a requested change of district classification.

   (a)   Public notice.

      (1)   Signs.

         A.   Signs shall be posted on the property for a continuous period of ten days immediately prior to any public hearing held by the city council to consider any rezoning application.

         B.   The signs shall be furnished by the department of planning and building services; state the date, time, and location of the public hearing and be posted by the applicant in the numbers, design, and locations prescribed by the director.

         C.   Before any action shall be taken by the city council, the applicant shall first file with the department of planning and building services a certificate verifying that the signs have been posted at the proper location before the time specified by this section.

      (2)   Publication. The public hearing date, time, and location shall be published at least ten days in advance of the hearing in a legal newspaper of the community.

   (b)   Hearing. Upon the day of the public hearing, the city council shall review the decisions and recommendations of the planning commission of all applications coming before the city council as provided in this subchapter. The city council, in making its determination of the applications, may make changes in the zoning map in accordance with or in rejection or modification of the recommendation of the planning commission.

   (c)   Action and protest. Approval or denial of any application for a zoning district classification shall be by a majority of members present. Twenty days after publication of the city council’s approval, the zoning district classification change shall take effect unless the referendum be invoked, or unless a written protest be filed with the city clerk, signed by at least 40% of the owners of equity in the lots included in any proposed district and the lands within 250 feet from any part of the proposed district. A corporation shall be construed to be a sole owner, and when parcels of land are in the name of more than one person, owner representation shall be in proportion to the number of signers who join in the petition in relation to the number of owners. If a protest is filed, the ordinance does not become effective unless the ordinance is approved by a resolution by six members of the city council at its next regularly scheduled meeting. The protest provisions of this section do not apply to any ordinance regulating or establishing floodplain areas.

(1992 Code, App. B, § 15.61.040) (Ord. 42-83, passed 6-27-1983; Ord. 55-97, passed 8-4-1997; Ord. 67-98, passed 7-6-1998; Ord. 18-11, passed 4-4-2011; Ord. 9-13, passed 3-19-2013)

§ 160.655 REAPPLICATION.

   No application requesting a zoning district classification change on any property whose application includes any property either entirely or substantially the same as that which has been denied by the city council shall again be considered by the planning commission before the expiration of six months from the date of the final action of the city council.

(1992 Code, App. B, § 15.61.050) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)

ADMINISTRATIVE MODIFICATION OF REQUIRED YARDS AND BUFFER YARD BERMS

§ 160.660 TYPES AND STANDARDS.

   The city council has authorized the director of planning and development services to grant minor modification of the setback and landscaping regulations of any form based upon the following standards. Minor modifications are intended to allow very narrow changes that do not change the performance of the required yards or required buffer yard berms.

   (a)   Types. The following types of modifications are allowed.

      (1)   The modification is a maximum of 10% or less than 1 foot whichever is less of the setback requirement.

      (2)   Buffer yard berms may be reduced or eliminated if differences in topography of the adjacent sites perform the same as the required berm would.

      (3)   Allow required landscape units to be placed outside the required yard if located within a drainage, electrical, or gas easement.

   (b)    Standards. The following standards must be reached before approving a modification.

      (1)   The applicant must justify the extenuating circumstances and show good cause for the modification.

      (2)   The modification does not alter significantly the intent of the zoning ordinance regulations.

(Ord. 9-13, passed 3-19-2013; Ord. 37-19, passed 4-2-2019)

BOARD OF ADJUSTMENT

§ 160.665 BOARD ESTABLISHED.

   There is hereby established a board of adjustment which may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances, hear appeals or make special exceptions to the terms of this chapter in harmony with its general purpose and intent and in accordance with the general or specific rules herein contained.

(1992 Code, App. B, § 15.63.010) (Ord. 42-83, passed 6-27-1983; Ord. 43-86, passed 5-19-1986; Ord. 9-13, passed 3-19-2013)

Cross-reference:

   Administration, see title III

§ 160.666 MEMBERSHIP.

   The board shall consist of five persons, who are not members of any governing body, to be appointed by the mayor, three of whom shall be persons with expert knowledge of construction, architecture, fine arts, engineering, landscape architecture, law, or practical experience in related areas. The terms of all members shall be for three years each and so arranged that the term of at least one member will expire each year. Members of the board shall be removable for cause by the mayor upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The mayor shall also appoint a first alternate and a second alternate for a term of three years each. If a member is unable to attend a meeting, the first alternate or second alternate, in turn, shall serve in that person’s place.

(1992 Code, App. B, § 15.63.020) (Ord. 42-83, passed 6-27-1983; Ord. 43-86, passed 5-19-1986; Ord. 26-99, passed 3-1-1999; Ord. 9-13, passed 3-19-2013)

§ 160.667 RULES.

   The board shall organize and adopt rules to govern its proceedings, provided, however, that the rules are not inconsistent with the City Code of Ordinances, the city comprehensive development plan, state or federal law.

(1992 Code, App. B, § 15.63.030) (Ord. 42-83, passed 6-27-1983; Ord. 43-86, passed 5-19-1986; Ord. 9-13, passed 3-19-2013)