(A) Administrative officer.
(1) This chapter shall be administered and enforced by the Building Inspector who shall be appointed by the Council.
(2) The Building Inspector shall enforce this chapter through the proper legal channels and in addition therefore and in furtherance of the authority, he or she shall:
(a) Determine that all building permits comply with the terms of this chapter;
(b) Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefor;
(c) Receive, file and forward all applications for appeal, variances, conditional uses and other matters to the designated official bodies;
(d) Institute in the name of the city any appropriate actions or proceeding against a violator as provided by law; and
(e) Schedule public hearings for the Planning and Zoning Commission.
(B) Planning and Zoning Commission. The Planning and Zoning Commission is hereby established by City Charter, Ch. 6, §§ 29, 30 and 36 and vested with the administrative authority as is hereinafter provided. The Planning and Zoning Commission shall have power to recommend to the Council adjustments and exceptions in and to any of the provisions of this chapter to the extent herein provided.
(C) Board of Appeals.
(1) There is hereby established a Board of Appeals which shall consist of all the members of the Council.
(2) The Board shall have the power and duty of hearing and deciding, appeals or requests in the following cases:
(a) Appeals where it is alleged that there is any error in any order, requirement, decision or determination made by the Planning and Zoning Commission in the enforcement of this chapter; and
(b) Requests for variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. In granting a variance, the Planning and Zoning Commission and the Council, on appeal may impose conditions to insure compliance and to protect adjacent properties.
(D) Appeals.
(1) Authority. The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the Planning and Zoning Commission in the enforcement of this chapter.
(2) Procedure.
(a) An appeal may be taken to the Board of Appeals by any person or by any officer, department, board or commission of the city affected by a decision of the Planning and Zoning Commission. The appeal shall be taken within 45 days of the action complained of by filing with the Planning and Zoning Commission and with the City Clerk a notice of appeal, specifying the grounds thereof. The Planning and Zoning Commission shall forthwith transmit to the Board of Appeals all of the papers constituting the record which the action appealed from was taken.
(b) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Planning and Zoning Commission certifies to the Board of Appeals after the notice of appeal has been filed that by reasons of facts stated in the certificate, a stay would, in their opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Appeals or by a court of record on application on notice to the Planning and Zoning Commission and on due cause shown.
(c) A public hearing shall be set, advertised and conducted by the Board of Appeals and it shall render a decision on the appeal.
(d) Within 30 days following the close of the public hearing, the Board of Appeals shall render a decision on the appeal.
(E) Amendments.
(1) Authority.
(a) This chapter and the Zoning District Map may be amended from time to time by resolution duly enacted by the Council; provided, however, that, no such amendment shall be enacted, except in accordance with the procedures of this section, and in compliance with the City Charter.
(b) The Zoning District Map is hereby and herewith amended as follows:
1. Lots 13 and 14, College Plaza: I-2 (Heavy Industrial);
2. Lots 15 and 16, College Plaza: R-5 (Multi-Family Residential);
3. Unplatted lands, east 706 feet of the southeast quarter of the northwest quarter (SE 1/4 of NW 1/4) of Section 7, Township 58 North, Range 17 West, lying south of the southerly right-of-way of the Great Northern Railroad right-of-way: I-1 (Light Industrial); and
4. Lots 9 and 10, Block 2, Olcott Addition: B-1 (Central Business District).
(2) Initiation. Proposed changes or amendments may be initiated by the Council, by the Planning and Zoning Commission or by any one or more owners of real estate in the city so as to effect real estate of the owner or owners.
(3) Procedure.
(a) When any proposed change or amendment is initiated by the Council, they shall transmit their proposal to the Planning and Zoning Commission for a public hearing and report thereon.
(b) When any proposed change or amendment is initiated by an owner or owners of real estate in the city, an application for such amendment, addressed to the Council, shall be filed in quintuplicate with the City Clerk. A non-refundable application fee, established from time to time by the Council to cover administrative costs, shall accompany the application. The application shall be in a form and contain information as shall be prescribed from time to time by the Planning and Zoning Commission, but shall, in all instances, contain the following information:
1. The applicant’s name and address;
2. The precise wording of any proposed amendment to the text of this chapter; and
3. In the event that the proposed amendment would change the zoning classification of any property:
a. A legal description and street address of the property proposed to be reclassified;
b. The name and address of the owner or owners of the property;
c. The present zoning classification and existing uses of the property proposed to be reclassified;
d. The area of the property proposed to be reclassified, stated in square feet or acres, or fraction thereof;
e. A map drawn to scale, clearly showing the property proposed to be reclassified and its present zoning classification and existing uses.
f. A public hearing shall be set, advertised and conducted by the Planning and Zoning Commission in accordance with division (H) below;
g. Within 30 days following the conclusion of the public hearing, the Planning and Zoning Commission shall transmit to the Council its recommendation in the form of a written report. The report shall be accompanied by finding of fact specifying the reasons for the recommendation;
h. Within 30 days of the receipt of the report of the Planning and Zoning Commission, the Council shall refuse, or by ordinance duly enacted, adopt the proposed amendment; and
i. A certified copy of the ordinance amendment shall be filed with the County Recorder.
(F) Conditional use permit.
(1) General. An application for a conditional use permit shall be submitted in duplicate to the City Clerk. A non-refundable fee, as established from time to time by the Council to cover administrative costs and costs of hearing, shall accompany each application.
(2) Purpose. The purpose of a conditional use permit is to provide the city with a reasonable degree of discretion, in determining the suitability of a certain designated use upon the general welfare, public health and safety.
(3) Standards for granting conditional use permit. In making this determination, whether or not the conditional use is to be allowed, the city shall consider:
(a) General. If the establishment or operation of the proposed conditional use will be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(b) Compatibility with surrounding area. The architectural appearance and functional plan of the building and site shall reflect the building character of the area and shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. The proposed development shall be compatible with existing and planned use of the area and conflicts should not be created between the proposed use and existing and intended future uses of the surrounding area;
(c) Traffic control. The traffic generated by a use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards or excessive traffic generated shall not raise traffic volumes beyond the capacity of the surrounding streets. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements and shall be subject to the approval of the City Engineer. Vehicular drive up ingress lanes shall be large enough to accommodate peak auto use on the same lot without requiring the stopping or waiting of vehicles on public right-of- way. Ingress lanes shall be from the least heavily traveled street whenever possible;
(d) Availability and adequacy of public services. Public services including, but not limited to, sewer, water, gas, electricity, police and fire protection, should be available at an adequate level and capable of servicing the proposed land use. In addition, adequate access, drainage and any other necessary support facilities shall be provided. The Planning and Zoning Commission and the Council may impose any necessary conditions or restrictions upon the proposed land use to ensure that an overloading of city systems does not occur and that inordinate demand on public services does not jeopardize or limit existing and projected public service demands; and
(e) Other. All such other or further factors as the city shall deem a requisite or consideration in determining the effect of such use on the general welfare, public health and safety.
(4) Justification. The Planning and Zoning Commission may impose conditions upon the conditional use, if, in its opinion, specific circumstances of a request justify those additional controls to protect the health, safety and welfare of the neighborhood and general public.
(5) Reconsideration. Whenever an application for a conditional use permit has been considered and denied by the Planning and Zoning Commission and the Council, a similar application for a conditional use permit affecting substantially the same property shall not be considered again by the Planning and Zoning Commission or the Council for at least six months from the date of its denial and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or the Council for an additional six months from the date of the second denial unless a decision to reconsider the matter is made by vote of the Council.
(6) Lapse of conditional use permit by non-use. Whenever, within one year after granting a conditional use permit, the work has not been substantially completed, then the permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the Council. The extension shall be requested in writing and filed with the City Clerk at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the conditional use permits. The petition shall be presented to the Planning and Zoning Commission for a recommendation and to the Council for a decision.
(7) Procedure.
(a) A public hearing shall be set, advertised and conducted by the Planning and Zoning Commission in accordance with division (H) below.
(b) Within 30 days following the close of the public hearing, the Planning and Zoning Commission shall submit its recommendation to the Council for its official action.
(c) The Council shall act on the application within 45 days after receiving the recommendations of the Planning Commission.
(8) Performance bond.
(a) Except in the case of non-income producing residential property, upon approval of a conditional use permit, the city shall be provided with a surety bond, cash escrow, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall guarantee conformance and compliance with the conditions of the conditional use permit and the codes of the city.
(b) The security shall be in the amount of the City Engineer’s or the Building Inspector’s estimated costs of labor and materials for the proposed improvements or development. The project can be handled upon the discretion of the City Engineer and Building Inspector.
(c) The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and codes of the city has been issued by the Building Inspector.
(d) Failure to comply with the conditions of the conditional use permit and/or the codes of the city shall result in forfeiture of the security.
(9) Certified copy. A certified copy of the conditional use permit shall be filed with the County Recorder.
(G) Variances.
(1) Authority. Except as otherwise expressly provided in division (G)(2) below, the Planning and Zoning Commission may recommend such variances to the Council from the provisions of this chapter as will not be contrary to the public interest. Variances may be authorized only in those specific instances enumerated in this division (G), and then only when the Planning and Zoning Commission has made findings of fact as hereinafter required.
(2) Procedures.
(a) An application for a variance shall be submitted to the Building Inspector. The application shall contain the following information, as well as such additional information as may be prescribed by rules of the Planning and Zoning Commission:
1. The particular requirements of this chapter which prevent the proposed use or construction;
2. The characteristics of the subject property which prevent compliance with the requirements of this chapter;
3. The minimum reduction of the requirements of this chapter which would be necessary to permit the proposed use or construction; and
4. The particular hardship which would result if the particular requirements of this chapter were applied to the subject property.
(b) Within 30 days, the Planning and Zoning Commission shall recommend granting or denying the variance to the Council. The decision shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications and shall remain a part of the permanent records of the Planning and Zoning Commission. The findings of fact shall specify the reasons for recommending, granting or denying the variance. The terms of relief recommended shall be specifically set forth in a conclusion or statement separate from the findings of fact. A decision rendered in accordance with the terms of this division (N) which recommends granting a variance shall be stayed until the next regularly scheduled meeting of the Council. During that time, the Council shall have authority to reverse the decision of the Planning and Zoning Commission.
(Amended 8-13-1991)
(3) Conditions for variance.
(a) A variance shall be permitted only if it is established that it is in harmony with the general purpose and intent of this chapter, and that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the provisions of this chapter, in its consideration of the standards of practical difficulties or particular hardship, the Planning and Zoning Commission shall require evidence that:
1. The property in question cannot be put to reasonable use if used under the conditions allowed by the regulations governing the district in which it is located;
2. The plight of the owner is due to unique circumstances not applicable to adjacent land holdings within the same district; and
3. The variance, if granted, will not alter the essential character of the locality.
(b) A variance may be granted only if the evidence, in the judgment of the Planning and Zoning Commission, sustains each of the three conditions, enumerated in division (G)(3)(a) above, or if the Planning and Zoning Commission finds that a variance would be the means of achieving energy efficiency in new and existing construction, including earth sheltering techniques or solar energy systems, such a variance may be granted notwithstanding the provisions of division (G)(3)(a) above. Economic considerations alone shall not constitute an undue hardship if reasonable use exists under the terms of this chapter.
(c) Variance from the provisions of this chapter shall be recommended by the Planning and Zoning Commission only in accordance with the provisions of divisions (G)(3)(a) and (G)(3)(b) above, and may be recommended only in the following instances, and in no others:
1. To vary the applicable lot area, lot width and lot depth requirements; provided, however, that, the minimum lot area per dwelling unit requirements for multiple-family dwellings shall not be varied so as to permit more than one dwelling unit in addition to the number that would be permitted by strict application of the minimum lot area requirements;
2. To vary the applicable bulk regulations, including maximum height, lot coverage and floor area ratio, and minimum yard requirements;
3. To vary the applicable off-street loading requirements;
4. To vary the regulations relating to restoration of damaged or destroyed non- conforming structures; and
5. To vary the applicable off-street parking requirements.
(d) Specific conditions and safeguards may be imposed upon the premises benefitted by a variance as considered necessary to prevent injurious effects upon other property in the neighborhood or upon public facilities and services. Violations of such conditions and safeguards shall be a violation of this chapter.
(e) No variance permitting the erection or alteration of a building shall be valid for a period longer than six months, unless a building permit for the erection or alteration is issued and construction is actually begun within that period and is thereafter diligently pursued to completion. The applicant may petition the Planning and Zoning Commission for extension of time in which to complete the work. The extensions shall be requested in writing and filed with the City Clerk at least 30 days before the expiration of the original variance. There shall be no charge for the filing of the petition. The petition shall be presented to the Planning and Zoning Commission for a recommendation and to the Council for a decision. The extension shall be valid for an additional six months.
(4) Certified copy. A certified copy of the variance shall be filed with the County Recorder.
(H) Public hearing.
(1) Setting of hearing. For all requests brought before the Planning and Zoning Commission for which a public hearing is required by this chapter, the body in charge of conducting the hearing shall select a reasonable time and place for the public hearing on the request. It may direct the City Clerk to schedule hearings at the next Planning and Zoning Commission meeting if an application is received at least 15 days before the regular meeting.
(2) Notice of hearing.
(a) Notice of public hearings shall be given not more than 30 days and not less than ten days before the hearing by publication at least once in the official newspaper of the city. The notice shall include the time and place of the hearing, a description of the contents of the request to be heard, and the address or location of the property to which the request applies.
(b) In addition to the general notice to the public, separate notice by letter, ten days before the hearing, shall be required for all property owners residing within 350 feet of the area, where a request concerning property will be the subject of the hearing. The notices shall be sent by the City Clerk and addresses taken from current city records shall be deemed sufficient for the notification.
(Adopted 3-14-1989)
(3) Conduct of hearing. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney.
(I) Administrative fees.
(1) To defray administrative costs of processing of requests for conditional uses’ amendments, variances or appeals, a base fee of $50 per application shall be paid by all applicants.
(2) In order to defray the additional cost of processing applications (amendments, conditional uses, variances, appeals) for developments, all applicants shall pay the total cost of staff and/or consulting time spent exclusively in producing materials for the applicant’s request, and all materials for the request.
(a) “Materials” shall include, but not be limited to, maps, graphs, charts, drawings and the like and all printing or reproduction of materials.
(b) “Staff and/or consulting time” shall include any time spent in either researching for or actual production of materials.
(c) Fees shall be payable at the time applications are filed with the City Clerk and are not refundable. No application for zoning or subdivision action or other city permit shall be granted or approved until all fee statement balances are paid in full.
(J) Permit required.
(1) It is unlawful for any person to erect, alter, wreck or move any building and/or sign or part thereof without first securing a building permit where the cost thereof is more than $500. Hereafter, no permit is valid when:
(a) The permit exceeds six months;
(b) A neighbor who signs a variance moves prior to fulfillment of permit;
(c) The building is sold before fulfillment of permit; or
(d) Charter changes.
(2) Application for a building permit shall be made to the City Engineer. Applications for any kind of building permit, special use permit, or any other kind of application shall contain information as may be deemed necessary for the proper enforcement of the city code.
(Amended 11-8-1992) (Ord. 130, effective 3-1-1988)
(K) Permit fees.
(1) The fee for such permit shall be equivalent to one-half mill (.0005) of the valuation of the structure, addition or alteration when equal to or less than $15,000; where the valuation is greater than $15,000, the fee shall be determined as set forth within, the most current and adopted edition of the Uniform Building Code building permit fee schedule. There shall be a minimum fee in the amount of $15. The building permit shall be issued only after it is determined that the building plans, together with the application, comply with the terms of this chapter of the city code.
(2) In the event that a building permit is desired for a use not specifically provided for or the conditions governing its construction and use cannot be clearly ascertained from the provisions of this chapter or the intent of this chapter is not clear in its application to a particular building or use, the application shall be referred to the Planning and Zoning Commission which shall determine whether the permit shall be granted or denied.
(3) Plan review fees, inspection fees and other fees shall be charged and collected as determined by the most current and adopted edition of the Uniform Building Code.
(Amended 7-15-1991)