Zoning Change, Variance Request and Conditional Use

ZONING CHANGE and VARIANCE REQUEST PROCESS (No fee required)

Application. Any application for a change in zoning classification of a particular lot, or any other request or proposal to amend or supplement the boundaries of districts, shall be submitted in writing and filed with the clerk of the planning and zoning commission.

Hearing. Upon the filing of such application, the clerk of the commission shall set a date for a public hearing thereon as soon as possible.

Notice. Written notice of such public hearing shall be sent to owners of real property lying within 200 feet of the property on which the change is proposed. Such notice shall be mailed not less than ten days before the date set for such hearing, by mailing such notice properly addressed and postage paid to all such owners who have rendered their said property for city taxes on the last approved city tax roll. Provided, however, that where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, notice to such owners shall be given by publication of the time and place of such hearing in a newspaper of general circulation published in the city, at least 15 days prior to such hearing without the necessity of mail notices.

Decision. The planning and zoning commission shall render its decision by filing a statement of such decision with the city secretary. Such decision shall be the preliminary and final report of the commission unless otherwise specified.

Denial. In the event the application for variance or zoning change is denied by the planning and zoning commission, and no person appeals as hereinafter provided, then the decision of the planning and zoning commission shall be final, and there shall be no further proceedings shall be had on any such application.

Granting variance. In the event the decision of the planning and zoning commission is the granting of a variance, and no person appeals as hereinafter provided, then the action of the planning and zoning commission shall be final, and no further proceedings shall be had on any such application.

Granting zone change. In the event the decision of the planning and zoning commission is granting of zone change, then, regardless of whether there has been an appeal, the city secretary shall place the matter on the agenda for a city council meeting, and notices of such public hearing shall be given as set forth in subsection (I) of this section.

Notice of appeal. Any person aggrieved or affected by the planning and zoning commission's decision may appeal by filing with the city secretary, within ten days from the date of the commission's decision, a written notice of appeal. Such notice shall be sufficient if it is signed by the person appealing and set forth an intent to appeal. The date of the decision is filed with the city secretary.

Notice of public hearing. On receipt of the notices of appeal, the city secretary shall add the consideration of the appeal to the agenda of the earliest practicable city council meeting. Notice of such meeting shall be published at least 15 days in advance in a newspaper of general circulation published in the city.

Hearing. The city council shall hold a public hearing at the time and place specified in such notice and may continue the same from day to day.

Decision. Upon such hearing, the city council shall act on such appeal. Provided, however, in case of a written protest against such change, signed by the owners of 20 percent or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending 200 feet therefrom, a change in zoning shall not become effective except by favorable vote of three-fourths or more of all members of the city council.

CONDITIONAL USE REQUEST PROCESS (No fee required)

Purpose. It is the intent of the city within specified districts, to allow certain land uses which shall be specifically noted as conditional uses for that district. These conditional uses shall not be automatically allowable, but shall be approved or disapproved by the planning and zoning commission, after a public hearing held thereon. Conditional uses shall not be considered as a variance, waiver, nor a zone change to this article. The purpose of this procedure is to streamline and make more flexible the process of adjustments to this chapter in a limited number of specified situations.

Procedures.

• Application. Application for a conditional use permit shall be filed with the planning department two weeks prior to the planning and zoning commission meeting. The application shall include the following:
  • Name/address of owner/applicant.
  • Address/property legal description.
  • Statement that the applicant is the owner or authorized agent, or has a contract for sale.
  • A statement describing the full nature and operating characteristics of the proposed use. For uses involving public assembly or industrial processing, or uses potentially generating high volumes of vehicular traffic, the commission may require specific information relative to the anticipated peak loads and peak use periods, relative to industrial processes and the ability of the use to meet performance standards, or substantiating the adequacy of proposed parking, loading and circulation facilities.
  • Site plans, building elevations, improvement plans, and other such drawings, all sufficiently dimensioned land oriented to illustrate the following:
    • The location and dimensions of boundary lines, easements, and required yards and setbacks.
    • The location, height, bulk, general appearance, and intended use of existing and proposed buildings on the site, and the approximate location of existing buildings on abutting lots.
    • The location of existing and proposed site improvements, including parking and loading areas, pedestrian and vehicular access, landscaped areas, utility or service areas, fencing and screening, signs and lighting, where applicable.
    • The location of existing/proposed watercourses and drainage features.
    • The number of existing and proposed off-street parking and loading spaces, and a calculation of applicable minimum requirements, where applicable.
    • For sites with an average slope greater than 15 percent, a plan showing proposed grading, drainage and erosion control measures.
    • The relationship of the site and the proposed use to surrounding uses, including pedestrian and vehicular circulation, current use of nearby parcels, and any proposed off-site improvements to be made.
• Preliminary conference. The applicant may meet with the staff to consider alternatives and the nature of his petition prior to or during the application process.
• Public hearing and notice. The planning and zoning commission shall hold a public hearing on each application for a conditional use permit. Written notice shall be given at least ten days prior to the public hearing to all property owners within 200 feet of the area presented. At the public hearing, the commission shall review the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained.
• Review by the planning department. The planning department shall review the application or proposal and shall prepare a report thereon which shall be filed with the planning and zoning commission prior to the public hearing.
• Action by the planning and zoning commission. The commission may grant the conditional use permit as presented, or in a modified form, or subject to conditions, or it may deny the application on the grounds of being incompatible with neighboring uses.
• Review and evaluation criteria. The commission shall review and evaluate each conditional use application using the following criteria:
  • That the granting of the permit will not be contrary to the public interest.
  • Conformance with applicable regulations and standards established by the zoning district for which the use is identified.
  • Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk and scale, setbacks and open spaces, landscaping and site development and access and circulation features.
  • Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent such impacts exceed those which reasonably may result from use of the site by a permitted use.
  • Modifications to the site plan which would result in increased compatibility, or would mitigate potentially unfavorable impacts, or would be necessary to conform to applicable regulations and standards and to protect the public health, safety, morals and general welfare.
  • Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use.
  • Protection of persons and property from erosion, flood or water damage, fire, noise, glare and similar hazards or impacts.
  • Location, lighting, and signage; and relation of signs to traffic control and adverse effect on adjacent properties.
  • Adequacy and convenience of off-street parking and loading facilities, where applicable.
• Findings. The planning and zoning commission shall make the following findings prior to the granting of a conditional use permit:
  • That the proposed use is compatible with the objectives of this article and the general purposes of the zone in the neighborhood in which the site is located.
  • That the proposed use will comply with the applicable provisions of this article.
  • That the proposed use and its site development, together with any modifications applicable thereto, will be compatible with existing or permitted uses in the vicinity.
  • That any conditions for approval are necessary to minimize potentially unfavorable impacts on nearby uses and to ensure compatibility of the proposed use with existing or permitted uses in the same district and the surrounding area.