ADMINISTRATION AND ENFORCEMENT

§ 156.050 ENFORCING OFFICER.

   (A)   The City Council shall appoint, or contract for the services of, a Zoning Administrator whose term of office shall terminate at the pleasure of the governing body.

   (B)   The Zoning Administrator shall enforce this chapter, and shall perform the following duties;

         (1)   Issue building, and other, permits, and make, and maintain, records thereof;

         (2)   Conduct inspections of locations of buildings and use of land to determine compliance with the terms of this chapter;

         (3)   Maintain permanent, and current, records of this chapter, including, but not limited to, all maps, amendments and special uses, variances, appeals, and applications therefor;

         (4)   Receive, file, and forward all applications for appeals, variances, special uses, or other matters to the designated official bodies;

         (5)   Institute, in the name of the city, any appropriate actions, or proceedings, against a violator as provided for; and

         (6)   The power to enter private, or public, property for the purpose of inspecting, and investigating, conditions relating to the enforcement of this chapter at reasonable times.

(Prior Code, § 11.80)

§ 156.051 APPEALS AND BOARD OF ADJUSTMENT.

   (A)   The Council shall serve as the Board of Adjustment.

   (B)   The Board of Adjustment shall act upon all questions as they may arise in the administration of this chapter, including the interpretation of zoning maps, and it shall hear, and decide, appeals from, and review any order, requirement, decision, or determination made by an administrative official charged with enforcing this chapter. The appeal may be taken by any person, firm, or corporation aggrieved, or by any officer, department, board, or bureau of a town, municipality, county, or state.

   (C)   The Board of Adjustment shall also have the power to grant variance to provisions of this chapter under certain conditions. The criteria to be applied to a variance application are stated in § 156.055. No use variance (a land use other than what is permitted in the district, either outright or special) shall be issued by the Board of Adjustment.

   (D)   Hearings by the Board of Adjustment shall be held within the time, and upon the notice to interested parties, as is provided in its adopted rules for the transaction of its business. The Board shall, within a reasonable time, make its order deciding the matter, and shall serve a copy of the order upon the appellant, or petitioner, by mail. Any party may appear at the hearing in person, or by agent or attorney.

(Prior Code, § 11.80)

§ 156.052 DUTIES OF THE PLANNING AND ZONING COMMISSION IN ZONING ADMINISTRATION.

   The Planning and Zoning Commission shall provide assistance to the Council and Zoning Administrator in the administration of this chapter, and the recommendation of the Planning and Zoning Commission shall be advisory in nature. Specifically, the Planning and Zoning Commission shall review, hold public hearings, and make recommendations to the Council on all applications for zoning amendments, special use permits, and variances using the criteria contained herein.

(Prior Code, § 11.80)

§ 156.053 ZONING AMENDMENTS.

   (A)   Criteria for granting zoning amendments. The Council may adopt amendments to the this chapter, and the zoning map in relation both to land uses within a particular district, or to the location of the district line. The amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals, and policies, of the city as specified in the comprehensive plan, or due to changed conditions within the city.

   (B)   Kinds of amendments.

      (1)   A change in a district’s boundary (rezoning).

      (2)   A change in the this chapter.

      (3)   A change in any other provision of this chapter.

   (C)   Initiation of proceedings. Proceedings for amending this chapter shall be initiated by at least one of the following three methods:

      (1)   By petition of any owner, or owners, of property that is proposed to be rezoned, or for which zoning, or district regulation, changes are proposed;

      (2)   By recommendation of the Planning and Zoning Commission; or

      (3)   By action of the Council.

   (E)   Required exhibits for rezoning, or district regulation changes, initiated by property owners.

      (1)   A preliminary building and site development plan (the Council may also require a boundary survey of the property).

      (2)   Evidence of ownership, or enforceable option, on the property.

   (F)   Procedure. The procedure for a property owner to initiate rezoning, or district regulation change, applying to the property is as follows:

      (1)   The property owner, or his or her agent, shall meet with the Zoning Administrator to explain his or her situation, learn the procedures, and obtain an application form;

      (2)   The applicant shall file the completed application form, together with the required exhibits, with the Zoning Administrator, and shall pay a filing fee as established by the Council. If the application and submittals are complete, this date shall be the official submission date. If the application or submittals are not complete, the Zoning Administrator will notify the applicant of the deficiencies within ten days. The official submission date will be the day that the petitioner has submitted a complete application, and supplied all required exhibits;

      (3)   The Zoning Administrator shall transmit the application, and required exhibits, to the Planning and Zoning Commission, and shall notify all property owners within 350 feet of the outer boundaries of the property in question. However, failure of any property owner to receive the notification shall not invalidate the proceedings;

      (4)   The Zoning Administrator shall set the date for a public hearing, and shall have notices of the hearing published in the legal newspaper at least once, not less than ten days, and not more than 30 days, prior to the hearing. The Council may waive the mailed notice requirements for a city-wide amendment to this chapter initiated by the Planning and Zoning Commission or the Council;

      (5)   The Planning and Zoning Commission shall hold the public hearing, and then shall recommend one of three actions (approval, denial, or approval with special conditions) to the Council within 30 to 40 days of the official submission date;

      (6)   The Council shall act upon the application within 20 to 30 days of receiving the recommendations by the Planning and Zoning Commission, or, ultimately, within 60 days of the official submission date;

      (7)   If an applicant requests that a special meeting be scheduled, the applicant shall bear the full cost for the special meeting. The fee for special meetings shall be set by the Council; and

      (8)   No application of a property owner for an amendment to the text of this chapter, or the zoning map, shall be considered by the Planning and Zoning Commission within a one-year period following a denial of the request, except the Planning and Zoning Commission may permit a new application if, in the opinion of the Planning and Zoning Commission, new evidence, or a change of circumstances, warrants it.

(Prior Code, § 11.80)

§ 156.054 SPECIAL USE PERMIT.

   (A)   Criteria for granting special use permits. In granting a special use permit, the Council shall consider the advice, and recommendations, of the Planning and Zoning Commission, and the effect of the proposed use on the comprehensive plan, and upon the health, safety, morals, and general welfare of occupants of the surrounding area. Among other things, the Council shall make the following findings, where applicable:

      (1)   The use will not create an excessive burden on existing parks, schools, streets, and other public facilities and utilities that serve, or are proposed to serve, the area;

      (2)   The use will be sufficiently compatible, or separated by distance or screening, from adjacent residentially zoned, or used, land so that existing homes will not be depreciated in value, nor will the use deter development of vacant land;

      (3)   The structure and site have an appearance that will not have an adverse effect upon adjacent residential properties;

      (4)   The use is reasonably related to the overall needs of the city, and to the existing land use;

      (5)   The use is consistent with the purposes of the zoning code, and the purposes of the zoning district in which the applicant intends to locate the proposed use;

      (6)   The use is not in conflict with policies of the city;

      (7)   The use will not cause traffic hazards or congestion;

      (8)   The use will not cause air, noise, water, or visual pollution; and

      (9)   Adequate utilities, access roads, drainage, and necessary facilities have been, or will be, provided.

   (B)   Additional conditions. In addition to the standards and requirements expressly specified in this chapter, the Council may impose additional conditions which it considers necessary to protect the surrounding area, and/or the community as a whole. These conditions may include, but are not limited to, the following:

      (1)   Increasing the required lot size or yard dimension;

      (2)   Limiting the height, size, or location of buildings;

      (3)   Controlling the location, and number, of vehicle access points;

      (4)   Increasing the street width;

      (5)   Increasing the number of required off-street parking spaces;

      (6)   Limiting the number, size, location, or lighting of signs;

      (7)   Requiring diking, fencing, screening, landscaping, or other facilities to protect adjacent, or nearby, property;

      (8)   Designating sites for open space;

      (9)   Imposing time limitations on the use;

      (10)   Modifications of waste treatment and water supply facilities;

      (11)   Limitations on period of use, occupancy, and operation;

      (12)   Imposition of operational controls, sureties, and deed restrictions;

      (13)   Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures; and

      (14)   Flood proofing measures, in accordance with the State Building Code and this chapter. The applicant shall submit a plan, or document, certified by a registered, professional engineer, or architect, that the flood proofing measures are consistent with the regulatory flood protection elevation, and associated flood factors for the particular area.

   (C)   Procedure. The procedure for obtaining a special use permit is as follows:

      (1)   The property owner, or his or her agent, shall meet with the Zoning Administrator to explain the situation, learn the procedures, and obtain an application form;

      (2)   The applicant shall file the completed application form, together with the required exhibits, with the Zoning Administrator, and shall pay a filing fee as established by the Council. If the application and submittals are complete, this date shall be the official submission date. If the application, or submittals, are not complete, the Zoning Administrator will notify the applicant of the deficiencies within ten days;

      (3)   The Zoning Administrator shall transmit the application to the Planning and Zoning Commission, and shall notify all property owners within 350 feet of the outer boundaries of the property in question. However, failure of any property owner to receive the notification shall not invalidate the proceedings;

      (4)   The Zoning Administrator shall set the date for a public hearing, and shall have notice of the hearing published at least once in the legal newspaper, not less than ten days, and not more than 30 days, prior to the hearing;

      (5)   The Planning and Zoning Commission shall hold the public hearing, and then shall study the application to determine possible adverse effects of the proposed special use, and to determine what additional requirements may be necessary (approval, denial, or approval with special conditions) to the Council within 30 to 40 days of the official submission date;

      (6)   The Council shall take appropriate action on the request for a special use permit within 20 to 30 days of receiving the recommendations by the Planning and Zoning Commission, or, ultimately, within 60 days of the official submission date. If it grants the special use permit, the Council may impose conditions (including time limits) it considers necessary to protect the public health, safety, and welfare, and the conditions may include a time limit for the use to exist, or operate;

      (7)   Where a special use permit has been issued pursuant to the provisions of this chapter, the permit shall become null and void without further action by the Planning and Zoning Commission, or the Council, unless work thereon commences within one year of the date of granting the special use. The special use permit shall not be assignable. A special use permit shall be deemed to authorize one particular use, and shall expire if the use is discontinued for more than six consecutive months;

      (8)   In the event that the applicant violates any of the conditions set forth in this permit, the Council shall have the authority to revoke the special use permit;

      (9)   If an applicant requests that a special meeting be scheduled, the applicant shall bear the full cost for the special meeting. The fee for special meetings shall be set by the Council; and

      (10)   No application of a property owner for a special use shall be considered by the Planning and Zoning Commission within a one-year period following a denial for such a request, except the Planning and Zoning Commission may permit a new application if, in its opinion, new evidence, or a change in circumstances, warrants it.

(Prior Code, § 11.80)

§ 156.055 VARIANCE.

   (A)   Criteria for granting variances.

      (1)   A variance to the provisions of this chapter may be issued to provide relief to the land owner in those zones where this chapter imposes undue hardship or practical difficulties to the property owner in the use of the land. No use variances may be issued.

      (2)   A variance may be granted only in the event that the following circumstances exist:

         (a)   Exceptional, or extraordinary, circumstances apply to the property that do not apply generally to other properties in the same zone, or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have had no control;

         (b)   The literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

         (c)   The special conditions, or circumstances, do not result from the actions of the applicant;

         (d)   The variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures, or buildings in the same district;

         (e)   The variance requested is the minimum change needed to alleviate the hardship;

         (f)   The variance would not be materially detrimental to the purposes of this chapter, or to property in the same zone; and

         (g)   A proposed home, or building, improvement may be allowed without a variance; provided, it meets the following additional criteria:

            1.   It does not intrude on any setback to a degree greater than the building line of the existing principal structure; and

            2.   It is not located within a floodplain area.

   (B)   Required exhibits for variances.

      (1)   A preliminary building and site development plan will be required. The Council may also require a boundary survey of the property.

      (2)   Evidence of ownership or enforceable option on the property will also be required.

   (C)   Procedure. The procedures for obtaining a variance from the regulations of this chapter are as follows:

      (1)   The property owner, or his or her agent, shall meet with the Zoning Administrator to explain the situation, learn the procedures, and obtain an application form;

      (2)   The applicant shall file the completed application form, together with the required exhibits, with the Zoning Administrator, and shall pay a filing fee as established by the Council. If the application, and submittals, are complete, this date shall be the official submission date. If the application, or submittals, are not complete, the Zoning Administrator will notify the applicant of the deficiencies within ten days;

      (3)   The Zoning Administrator shall transmit the application to the Planning and Zoning Commission for review, and shall notify all property owners within 350 feet of the outer boundaries of the property in question. However, failure of any property owner to receive the notification shall not invalidate the proceedings;

      (4)   The Zoning Administrator shall set the date for a public hearing, and shall have notice of the hearing published at least once in the legal newspaper, not less than ten days, nor more than 30 days, prior to the hearing;

      (5)   The Planning and Zoning Commission shall hold a public hearing on the proposed variance, and shall provide a recommendation to the Board of Adjustment within 30 to 40 days of the official submission date. The recommendation shall be one of three actions: approval; denial; or approval with special conditions;

      (6)   The Board of Adjustment shall take appropriate action on the variance request within 20 to 30 days of receiving the recommendations by the Planning and Zoning Commission, or, ultimately, within 60 days of the official submission date. If it approves the variance, the Board of Adjustment may impose conditions (including time limits) it considers necessary to protect the public health, safety, and welfare, and the conditions may include a time limit for the use to exist or operate;

      (7)   If an applicant requests that a special meeting be scheduled, the applicant shall bear the full cost for the special meeting. The fee for special meetings shall be set by the Council; and

      (8)   No application by a property owner for a variance shall be submitted to the city within a six-month period following a denial of such a request, except the Board may permit a new application, if in the opinion of the Board, new evidence of change, or circumstances, warrants it.

(Prior Code, § 11.80) (Ord. 165, second series, passed 7-5-2000)

ONE- AND TWO-FAMILY RESIDENTIAL DISTRICT (R-1)