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Section 1. Procedures - Generally
a. Generally. Applications for requested amendments to this Ordinance, rezonings,
special uses, and variances shall be made and reviewed according to the following
procedure:
1. Prospective applicants shall first confer with the City Manager, who shall initially
review the proposed request and shall issue the approved application forms and methods
prescribed by this Ordinance if the request will consistently carry into effect the
provisions of this Ordinance.
2. The applicant shall complete and submit the approved application forms provided by the
City in accordance with prescribed methods, along with the required processing fee, in
advance of the time and date established as the deadline.
3. The City Staff shall be consulted by the City Manager and a staff meeting of such
departments as determined by the City Manager to be necessary, shall be held to review all
applications. The staff review shall take place at least five (5) days in advance of
the Planning and Zoning Commission meeting at which the application is to be heard.
b. Public Hearing. This Ordinance, its amendments, rezonings, special uses, and
variances may become effective only after a public hearing has been held at which all
interested parties and/or citizens shall have an opportunity to be heard. Notice of
the time and place of the public hearing shall be published at least fifteen (15) days
prior to the date of the hearing in a newspaper with general circulation in the
jurisdiction of the Planning and Zoning Commission and City Council. Whenever a
parcel, lot or area of land is to be considered for a rezoning, special use, or variance,
notice of public hearing shall be mailed by certified mail - return receipt requested to
the owners, as shown by the records of the County Assessor, of lots or land within one
hundred (100) feet of and in every direction from the area under consideration, excluding
distances devoted to public rights-of-way.
c. Protest. Any parties and/or citizens who take exception to a proposed rezoning,
special use, or variance may file a written protest with the City Clerk prior to the
public hearing held by the Planning and Zoning Commission at which the proposed rezoning,
special use, or variance will be considered. The written protest shall list the
names, addressed, and signatures of property owners affected by the proposed change;
whether the owner's property is situated within one hundred (100) feet of, or more than
one hundred (100) feet of, the area proposed to be changed, such distance to be calculated
as prescribed herein; and reasons why the property owners take exception to the proposed
change.
d. Vote Requirements. Any proposed amendment to this Ordinance, rezoning, special
use, or variance shall be approved by the following vote requirements:
1. Approval of a proposed rezoning, special use, or variance shall require a favorable
vote from the majority of the Planning and Zoning Commission members present.
2. Any written protest against a proposed rezoning, special use, or variance, prepared and
filed in accordance with the procedures established herein, by persons owning property
that represents twenty (20) percent or mare of the land area within one hundred (100) feet
of the area proposed to be changed, such distance to be calculated as prescribed herein,
shall require a favorable vote of three-fourths (3/4) of all of the members of the
Planning and Zoning Commission, whether or not they are present, for approval of the
proposed change.
3. Decisions by the Planning and Zoning Commission on requests for rezonings, special
uses, and variances shall be final and effective on and after 12:00 noon of the second day
following the day of the decision and shall thereafter effect changes on the Official
Zoning Map.
4. An appeal of a Planning and Zoning Commission decision to the City Council, prepared
and filed in accordance with the procedures established herein, shall stay the effective
date of the decision until a decision on the appeal is made by the City Council.
5. Any proposed amendment to this Ordinance shall require a recommendation from the
Planning and Zoning Commission and shall then require a favorable vote from the majority
of the City Council members present for approval.
e. Limitations. A proposed rezoning, special use, or variance which has been denied
by the Planning and Zoning Commission and/or City Council on a particular tract of land
for a particular purpose cannot again be applied for within one (1) year from the date of
the denial, unless the new request is determined to be substantially different from the
original request (i.e. an application for a different but not necessarily a more
restrictive zoning district, use, distance, area, etc.).
Section 2. Amendments to this Ordinance
a. Generally. Amendments to this Ordinance may be initiated by the City Council,
Planning and Zoning Commission, City Manager, or any person or party. An amendment
to this Ordinance involves changes in its text and wording, including but not limited to
changes in the regulations regarding uses, setbacks, heights, lot areas, definitions,
administration, and/or procedures.
b. Application for an Amendment to this Ordinance. If any person or party initiates
a request for an amendment to this Ordinance, the request must be made on the approved
application form and submitted in accordance with the procedures established herein.
The request must state the exact section of this Ordinance proposed for amendment,
the proposed substitute wording, the reasons for requesting the amendment, and any other
information which the City Manager feels that the Planning and Zoning Commission and the
City Council may require to make a proper decision on the matter. Graphic material
may also be submitted if it will assist in understanding the benefits of the amendment.
c. Public Hearing. No amendment to this Ordinance shall be adopted until public
hearing has been held thereon by the Planning and Zoning Commission and the City Council
in accordance with the procedures established herein.
d. Review and Recommendation by the Planning and Zoning Commission. The Planning and
Zoning Commission shall review, study, and recommend to the City Council whether or not to
adopt a proposed amendment to this Ordinance. In its deliberations, the Planning and
Zoning Commission shall consider all oral or written statements from the applicant, the
public, the City staff, and its own members. The Planning and Zoning Commission
shall not recommend approval unless it finds that the adoption of the proposed amendment
to this Ordinance is in the public interest and is not solely in the interest of the
applicant.
e. Hearing and Decision by the City Council. The City Council shall review, hear,
and decide whether or not to adopt a proposed amendment to this Ordinance. In its
deliberations, the Council shall consider the Planning and Zoning Commissions
recommendation and all oral or written statements from the applicant, the public, the City
staff, the Planning and Zoning Commission members, and its own members. The Council
shall not vote for approval unless it finds that the adoption of the proposed amendment to
this Ordinance is in the public interest and is not solely in the interest of the
applicant.
f. Limitations, Amendments, and Revisions. The City Council may approve the proposed
amendment, deny it, or table it for not more than one regularly scheduled City Council
meeting or for a period of time specified at the public hearing. If approved, the
City Manager shall revise this Ordinance accordingly.
Section 3. Rezonings
a. Generally. The Planning and Zoning Commission may, from time to time, change the
zoning of parcels of land within the municipality. These changes in zoning
classification shall be for the purpose of meeting the land use needs of the residents of
the City in conformance with the City's Land Use Plan. Rezonings may be initiated by
the City Council, Planning and Zoning Commission, City Manager, or by application of any
person or party owning property to be considered for rezoning.
b. Application for a Rezoning. An applicant for a rezoning shall complete and submit
the approved application in accordance with the procedures established herein. The
applicant shall be the property owner, have some controlling interest in the property, or
have the written consent and signature of the property owner. In addition, the
application shall include the following information:
1. The legal and common description of the property to be rezoned.
2. The property's present and proposed zoning classification.
3. The recommendation for use of the property by the City's Land Use Plan.
4. The reasons for requesting the rezoning.
5. Any other information which the City Manager feels that the Planning and Zoning
Commission may require to make a proper decision on the matter.
c. Public Hearing. No rezoning shall be approved until a public hearing has been
held thereon by the Planning and Zoning Commission in accordance with the procedures
established herein.
d. Hearing and Decision by the Planning and Zoning Commission. The Planning and
Zoning Commission shall review, hear, and decide whether or not to approve a request for
rezoning. In its deliberations, the Planning and Zoning Commission shall not approve
a request for rezoning unless it finds the rezoning conforms to the City's Land Use Plan
and that it is in the public interest and is not solely in the interest of the applicant.
e. Limitations, Amendments, and Revisions. The Planning and Zoning Commission may
approve a request for rezoning, deny it, or table it for not more than one regularly
scheduled Planning and Zoning Commission meeting or for a period of time specified at the
public hearing. The Planning and Zoning Commission may approve an amendment to the
original request for rezoning by changing the zoning classification of the property in
question to any higher and more restrictive zoning classification than that requested by
the applicant. For the purpose of this paragraph, the R-S District shall be
considered the highest and most restrictive classification and the 1-2 District shall be
considered the lowest and least restrictive. For whatever zoning classification that
may be approved, the Zoning Administrator shall revise the official zoning map
accordingly.
Section 4. Special Uses
a. Generally, The development and execution of this Ordinance is based upon the division
of the City into districts, within any one of which the use of land and buildings and the
location of buildings or structures as related to the land are substantially uniform.
It is recognized, however, that there are special uses which, because of their
unique character and special and unusual impact upon the use of adjacent property, cannot
be properly classified in any particular district or districts without consideration, in
each case, of the impact of those uses upon adjacent property and upon the public need for
the particular use in a particular location. Special uses are those uses operated by
a public agency or public utility or uses traditionally associated with the public
interest, or uses entirely private in character but of such a nature that their operation
may give rise to unique problems with respect to their impact upon adjacent property or
public facilities. Special uses may be initiated by the City Council, Planning and
Zoning Commission, City Manager, or by application of any person or party owning property
to be considered for a special use.
b. Application for a Special Use. An applicant for a special use shall complete and
submit the approved application form in accordance with the procedures established herein.
The applicant shall be the property owner, have some controlling interest in the
property, or have the written consent and signature of the property owner. The
application shall include the following information:
1. The legal and common description of the property to be considered for a special use.
2. The property's present zoning classification.
3. A site plan drawn to scale showing the subject property and adjacent properties and
their dimensions.
4 The location of all existing and proposed buildings and their size, including square
footage.
5. The location of all proposed curb cuts, driveways, off-street parking spaces and
loading areas, sidewalks, landscaping, screening, open space areas, signage, lighting, and
other related matters.
6. The special use requested and the reasons for requesting it.
7. Any other information which the City Manager feels that the Planning and Zoning
Commission may require to make a proper decision on the matter.
c. Public Hearing. No special use request shall be approved until a public hearing
has been held thereon by the Planning and Zoning Commission in accordance with the
procedures established herein.
d. Hearing and Decision by the Planning and Zoning Commission. The Planning and
Zoning Commission shall review, hear, and decide whether or not to approve a request for a
special use. In its deliberations, the Planning and Zoning Commission shall consider
all oral and written statements from the applicant, the public, the City staff, and its
own members. The Planning and Zoning Commission shall also consider: the
interaction of the special use and its site elements condiions both on and off the subject
property; the impact of the special use upon the public health, safety, and welfare of the
community; existing and anticipated traffic and parking conditions; pedestrian and
vehicular ingress and egress; building location, setbacks, and height; architectural and
engineering features; landscaping and screening; open space areas; signage; lighting; and
other related matters. The Planning and Zoning Commission shall not approve a
special use request unless it finds the request conforms to the City's Land Use Plan and
that it is in the public interest and is not solely in the interest of the applicant.
e. Limitations, Amendments, and Revisions. The Planning and Zoning Commission may
approve a special use request, deny it, or table it for not more than one regularly
scheduled Planning and Zoning Commission meeting or for a period of time specified at the
public hearing. The Planning and Zoning Commission may stipulate conditions and
restrictions upon the establishment, location, construction, maintenance, and operation of
the special use as deemed necessary to protect the value, utilization, and operation of
adjacent properties, and to secure compliance with the standards and requirements of this
Ordinance and other ordinances. For every special use request approved, the City
Manager shall revise the official zoning map accordingly.
Section 5. Reserved
Section 6. Variances
a. Generally. The Planning and Zoning Commission may allow a departure from the
regulations of this Ordinance pertaining to the size of yards and open space areas,
building height and size, lot area, number and location of off-street parking spaces and
loading areas, and other matters pertaining to the operation and construction of permitted
uses; where by reason of exceptional narrowness, shallowness, or shape of a specific piece
of property at the time of the adoption of this Ordinance, exceptional topographical
conditions, other extraordinary or exception situations or conditions of a specific piece
of property, or situations or conditions that are generally prevalent in the immediate
area, the strict application of this Ordinance would result in peculiar, exceptional, and
undue hardship, as distinguished from a mere inconvenience, upon the owner of such
property.
b. Application for a Variance. An applicant for a variance shall complete and submit
the approved application form in accordance with the procedures established herein.
The applicant shall be the property owner, have some controlling interest in the property,
or have the written consent and signature of the property owner, In addition, the
application shall include the following information:
1. The legal and common description of the property on which a variance is to be
considered.
2 A site plan drawn to scale showing the subject property and adjacent properties and
their dimension.
3. The location of all existing and proposed buildings, structures, and other
improvements, building sizes including square footage, and their distances from adjacent
lot lines.
4. The variance requested and the reasons and existing hardships that have resulted in the
request.
5. Any other information which the City Manager feels that the Planning and Zoning
Commission may require to make a proper decision on the matter.
c. Public Hearing. No variance request shall be approved until a public hearing has
been held thereon by the Planning and Zoning Commission in accordance with the procedures
established herein.
d. Hearing and Decision by the Planning and Zoning Commission. The Planning and
Zoning Commission shall review, hear, and decide whether or not to approve a variance
request. In its deliberations, the Planning and Zoning Commission shall consider all
oral and written statements from the applicant, the public, the City staff, and its own
members. The Planning and Zoning Commission shall consider all oral and written
statements from the applicant, the public, the City staff, and its own members. The
Planning and Zoning Commission shall also consider the effect of the proposed variance
upon the public health, safety, and welfare of the community, traffic and parking
conditions, open space areas, danger of fire, and upon the values of property in the
surrounding area. The Planning and Zoning Commission shall not approve a variance
unless it is satisfied that the request will alleviate some demonstrable and unusual
hardship, is consistent with the general intent of this Ordinance, that it conforms to the
City's Land Use Plan, and that it is in the public interest and is not solely in the
interest of the applicant.
e. Limitations, Amendments, and Revisions. The Planning and Zoning Commission may
approve a variance request, deny it, or table it for not more than one regularly scheduled
Planning and Zoning Commission meeting or for a period of time specified at the public
hearing. The Planning and Zoning Commission may stipulate conditions and
restrictions upon the property benefitted by the variance as may be necessary to comply
with the standards set forth in this section and elsewhere in this Ordinance, to reduce or
minimize the adverse effect the variance may have upon adjacent properties, and to ensure
consistency with the general intent of this Ordinance.
Section 7. Site Plan Reviews
a. Generally. Site plan reviews of developments in certain districts are deemed
necessary and appropriate to preserve and promote attractive, well-planned, and stable
urban conditions. The site plan review ensures the compatible interaction of the
site plan elements with conditions both on and off the subject property and ensures the
site plan's conformance with the regulations, provisions, and general intent of this
Ordinance and other ordinances.
b. Site Plan Requirements. Site plans of all proposed multiple family dwelling (3 or
more units), mobile home park, professional office, commercial, industrial, and other
non-residential developments shall be required and submitted as part of the building
permit process. The site plan shall include the necessary information and be
submitted in accordance with the standards and procedures as adopted by the City and as
required in this Ordinance and other ordinances.
c. Review and Decision by the City Staff. The City Staff shall review and decide
whether or not to approve a site plan. The City Staff shall consider the interaction
of the site plan elements with conditions both on and off the subject property, the impact
of the site plan upon the existing and anticipated traffic and parking conditions, vehicle
and pedestrian ingress and egress, building location and height, architectural and
engineering features, amount and location of irrigated and maintained landscaping,
screening, lighting, signage, site drainage, loading and unloading areas, conformance to
the City Land Use Plan, and other related matters and require that such elements be
included on the site plan to ensure the public interest. The City Staff shall not
approve a site plan until it is satisfied that it meets the regulations, provisions, and
general intent of this Ordinance and other ordinances and that it is in the public
interest and not solely in the interest of the owner if the development.
d. Limitations, Alternatives, and Revisions. The City Staff shall complete the site
plan review within five (5) business days of the time of submission. The City Staff
shall approve it, deny it, or require revisions for further review. If approved, the
City Staff shall issue a building permit allowing construction to commence.
Section 8. Certificates of Occupancy
a. Generally. A certificate of occupancy shall be required for any occupancy of a
building hereafter erected or structurally altered of for any change in use of an existing
building. No building shall be occupied until it has been determined by the City
Staff that the building, its premises, and its use conform to the regulations, provisions,
and general intent of this Ordinance and other ordinances.
b. Application for a Certificate of Occupancy. A certificate of occupancy shall be
applied for along with the building permit to occupy new or structurally altered buildings
or along with the city business license to occupy existing buildings.
c. Issuance of a Certificate of Occupancy. A certificate of occupancy shall be
issued by the Building Inspector within ten (10) business days after the completion of
construction and the inspection of the premises by the City Staff. The Building
Inspector shall not issue a certificate of occupancy until it has been determined by the
City Staff that the building, its premises, and its use conforms with the regulations,
provisions, and general intent of this Ordinance. The Building Inspector May issue a
temporary certificate of occupancy to be valid for not more than sixty (60) days from its
date of issuance during the completion of any requirements or during partial occupancy of
the premises. The Building Inspector may impose guarantees and safeguards contingent
upon the issuance of the temporary certificate of occupancy to ensure completion of all
requirements.
Section 9. Appeals
a. Generally. Any person or party aggrieved with the decision of the Planning and
Zoning Commission regarding rezonings, special uses, or variances or any decision or
determination made by the City staff in the enforcement of this Ordinance may appeal the
decision or determination to the City Council.
b. Appeal of a Planning and Zoning Commission Decision. The City staff or any person
or party aggrieved with the decision of the Planning and Zoning Commission regarding
rezonings, special uses, or variances may appeal the decision to the City Council.
The appeal shall be submitted, reviewed and heard in accordance with the following
procedures:
1. The appeal shall be initiated by the filing of a written notice with the City Clerk's
office prior to 12:00 noon on the second day following the day of the decision.
2. Prior to 5:00 p.m. on the second day following the day of the decision, copies of the
written notice of appeal shall be mailed, by the person or party filing the appeal, to all
persons who expressed support of the Planning and Zoning Commission decision; whether in
writing prior to, or verbally at their public hearing. Notice to the City, its officers,
and employees shall be by the filing with the City Clerk's office.
3. The notice of appeal shall concisely and specifically set forth in writing the points
on which it is urged the decision of the Planning and Zoning Commission should be set
aside by the City Council.
4. The appeal shall be heard by the City Council at its next regular scheduled meeting
following the filing of the notice of appeal unless otherwise scheduled by the City
Council.
5. In making a decision on the appeal, the City Council shall consider only those concise
and specific points on which the appellant, in his written notice of appeal, urges the
City Council to set aside the decision of the Planning and Zoning Commission. The
City
Council may request reports from the City staff in addition to the material submitted by
the proponents and opponents of the appealed decision.
6. Decisions on appeals by the City Council shall be made by a majority vote unless the
decision appealed required a greater than majority vote of the Planning and Zoning
Commission in which instance the increased vote requirement shall be applicable to the
decision by the City Council on the appeal.
7. The City Council may deny the appeal, reverse the decision of the Planning and Zoning
Commission, or make such modification upon the appeal as it deems necessary, in order to
protect the public interest and not solely the interest of the appellant.
c. Appeal of a Decision or Determination of the City Staff. Any person or party
aggrieved with the decision or determination made by the City staff in the enforcement of
this Ordinance may appeal the decision to the City Council. The appeal shall be
submitted, reviewed, and heard in accordance with the following procedures:
1. The appeal shall be initiated by the filing of a written notice with the City Clerk's
office within a reasonable time, not to exceed thirty (30) days from the date of the
decision complained of.
2. Notice to the City, its officers, and its employees shall be by the filing with the
City Clerk's office.
3. The notice of appeal shall concisely and specifically set forth in writing the points
on which it is urged the decision or determination of the City staff should be set aside
by the City Council.
4. The appeal shall be heard by the City Council at its next regularly scheduled meeting
following the filing of the notice of appeal unless otherwise scheduled by the City
Council.
5. In making a decision on the appeal, the City Council shall consider only those concise
and specific points on which the appellant, in his written notice of appeal, urges the
City Council to set aside the decision of the City staff. The City Council shall
consider all oral and written statements from any member or members of the City staff
affected by the appeal.
6. A decision to deny the appeal shall require a majority vote of all City Council members
present. A decision to reverse or revise any decision or determination made by the
City staff shall require a two-thirds (2/3) majority vote of all members of the City
Council, whether or not they are present.
d. Appeal of a Decision by the City Council. Any person or party aggrieved with the
decision of the City Council may present the decision to any court of competent
jurisdiction for court review within the time and in the manner required by state law.
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