[Ord. No. 6924 §§1—3(9-9), 2-22-1999; Ord. No. 7170 §1(9-9), 6-27-2005]
A.
Any
of the following uses may be located in any district by special use
permit of the City Council, after public hearing and after recommendation
of the Planning and Zoning Commission, under such conditions as to
operation, site development, signs and time limit as may be deemed
necessary in order that such use will not seriously injure the appropriate
use of the neighboring property and will conform to the general intent
and purpose of this Chapter and shall comply with the height and area
regulations of the district in which they may be located, unless otherwise
granted:
1.
Privately owned amusement parks, baseball or athletic fields, racetracks
and carnivals.
2.
Clubs, private, including fraternal orders.
3.
Drive-in theaters.
4.
Golf driving ranges, commercial or illuminated.
5.
Camping areas, picnic groves and fishing lakes, including minor and
incidental concession facilities for patrons only.
6.
Kennels.
7.
Nursery sales office, building, greenhouse or area (wholesale or
retail).
8.
Nursing and convalescent homes except in District A.
9.
Radio, television and microwave towers.
10.
Reservoirs, towers, filter beds or water treatment plants or wells.
11.
Riding stables and tracks.
12.
Philanthropic or eleemosynary institutions.
13.
Motor hotels, motels or inns.
14.
Buildings, structures and premises for public utility services or
public service corporations.
15.
Temporary use of land for commercial or industrial purposes, provided
that any building or structure constructed thereon must be otherwise
permitted in the district in which such land is situated and any stored
equipment or material shall be removed upon the date of expiration
of the special use permit. Any such permit shall be valid for not
more than two (2) years but may be renewable after public hearing.
16.
Assembly halls.
17.
Day nursery or preschool.
18.
Mortuaries.
B.
Uses Upon Review. In zoning districts where specifically
listed uses are permitted upon review, requests for such shall be
made to the Zoning and Planning Commission by written application
filed with the City Clerk. Such request shall be forwarded by the
Clerk to the Commission and shall be heard by the Commission at the
next practicable regularly scheduled meeting. In determining whether
to permit such use, the Commission shall be governed by the following:
1.
No public hearing is necessary but one may be granted upon request
by the applicant, in which case the request shall be treated as an
application for an amendment of the zoning ordinance and governed
by the applicable procedures thereof.
2.
Upon motion by the Commission or upon request by the applicant, the
request for a use permitted upon review may be redesignated as an
application for an amendment; and in any event, any request denied
under this procedure may reapply under the procedures governing amendments.
3.
The request shall be accompanied by a fee in the amount of eighty-nine
dollars ($89.00) and the payment of the estimated cost of publication
in the event a public hearing is to be held.
4.
Approval by the Commission shall be given where it is evident that
the requested use upon review will conform in all respects to the
requirements and governing intent of the zoning district in which
such land is situated.
[Ord. No. 6924 §§1—3(9-10), 2-22-1999; Ord. No. 6955 §1, 12-6-1999; Ord.
No. 7170 §1(9-10), 6-27-2005]
A.
Application
for amendment, revision or change of the Zoning District Map of the
City may be made by any person, or his/her agent, who owns the land
sought to be rezoned or who is purchasing said land under written
contract with the owner. If such application is made by the owner's
agent, said agent shall enter upon the application the name and current
mailing address of the owner. Such application shall be made upon
forms prescribed and duly filed with the City Clerk.
B.
Applications
for amendment, revision or change of any of the rules, regulations
or provisions of the text of the zoning ordinance of the City, other
than the Zoning District Map or application for a special use permit,
may be made by any interested person on forms prescribed and duly
filed with the City Clerk.
C.
A fee
shall accompany each application for a special use permit in the amount
of sixty-six dollars ($66.00). A fee shall accompany each application
for renewal of a special use permit in the amount of thirty-three
dollars ($33.00). A fee shall accompany each application for amendment
to the residential zoning district map in the amount of ninety-nine
dollars ($99.00). A fee shall accompany each application for amendment
to the commercial or industrial Zoning District Map in the amount
of one hundred thirty-two dollars ($132.00). In addition to the filing
fee, the applicant shall pay the estimated cost of publication and
certified mail, if any.
D.
Public Hearing Requirements.
1.
All such applications shall be set down for public hearing before
the Planning and Zoning Commission not later than the second (2nd)
regular monthly meeting of the Commission from the date of filing
the same. Any such hearing, for good cause, at the request of the
applicant or in the discretion of the Commission, may be continued.
At least fifteen (15) days' notice of the time and place of such hearing
shall be published in a newspaper of general circulation within the
City.
2.
In the case of application for amendment, revision or change of the
Zoning District Map of the City, or application for a special use
permit, the Building Inspector shall determine the names and addresses
of all owners within one hundred eighty-five (185) feet of the land
subject to such amendment, revision, change or special use request
as they appear on the real estate property tax records kept in the
office of the City Clerk and shall send notice by certified mail,
return receipt requested, to all such owners and shall certify, in
writing, that he/she has done so. The notice shall state the purpose,
date, time and place of the public hearing. Error in the mailing of
notice to surrounding landowners shall not invalidate any action of
the Planning and Zoning Commission or of the City Council. In addition,
the Building Official shall post notice of said hearing and the reasons
therefor by placing a sign on the subject premises.
[Ord. No. 23-018, 6-26-2023]
E.
Upon
the final hearing of such application, the Commission shall approve
or deny the same and a report of such action, together with its commendation
for final approval or denial, shall be made by the Chairman of the
Commission to the Council.
F.
The
Zoning and Planning Commission shall not recommend approval of any
request unless it shall in each case make specific written findings
of fact based directly upon the particular evidence presented to it
supporting the conclusion that the amendment or special use:
1.
Complies with all applicable provisions of this Chapter;
2.
At the specific location will contribute to and promote the community
welfare or convenience;
3.
Will not cause substantial injury to the value of neighboring property;
4.
Complies with the overall neighborhood development plan and the intent
of the existing zoning district provisions;
5.
Will amend zoning classification only if there is property contiguous
to the applicant property with the same zoning classification as the
proposed zoning of the applicant property, such that the proposed
amendment to the Zoning District Map does not create "spot" zoning;
6.
Will not substantially increase traffic hazards;
7.
Will not substantially increase fire hazards; and
8.
Will not overtax public utilities.
G.
In
determining whether the evidence presented supports the conclusions,
the Zoning and Planning Commission shall consider the extent to which
the evidence demonstrates that:
2.
The impact of projected vehicular ingress and egress of the use determined
with regard to the surrounding traffic flow, pedestrian safety and
access accessibility of fire-fighting equipment;
3.
The proposed use complies with the performance standards of this
Chapter; and
4.
The proposed use is compatible with the surrounding area and its
impact upon community facilities and services.
H.
The
Zoning and Planning Commission shall render a written decision containing
specific findings of fact without unreasonable delay and in all cases
within forty (40) days after the close of the public hearing.
I.
In
approving such application, the Commission may recommend such conditions
and restrictions which are in conformity with this Chapter and as
may be necessary to assure that the general intent of this Chapter
is carried out.
J.
The
Council, in approving an application for amendment or special use
permit:
1.
Shall impose such conditions and restrictions as were recommended
by the Commission;
2.
Shall impose amendments or deletions to the conditions and restrictions
as were recommended by the Commission, only upon another public hearing
conducted either by the Council itself or, upon direction of the Council,
by the Commission and any such public hearing shall be conducted according
to the same procedure and with the same notice as public hearings
originally before the Commission.
3.
May specify that any use other than as specifically granted by the
Council shall null and void the grant, and the property in question
shall revert to its designation before such grant;
4.
Shall specify that any enlargement or alteration in the use of the
structure or site must be approved by the Zoning and Planning Commission
before a building permit may be issued;
K.
No
amendment or use permit granted by the Council shall be valid for
more than one hundred eighty (180) days, unless within such period
a building permit is obtained and the erection or alteration of the
structure is commenced, or where no building permit is necessary,
the amendment or use is otherwise utilized by the entity originally
requesting it.
L.
Recommendations
for revision or amendment of the zoning ordinance, including addition
to or change in classification of uses and including the Zoning District
Map, may also be made by the Commission upon its own motion for final
determination by the Council; likewise, the Council may revise, modify
or amend the zoning ordinance, including the Zoning District Map,
upon its own motion, provided however, that such proposed changes
shall first be submitted to the Commission for recommendations and
report. In that case, final action thereon shall be taken only upon
notice and hearing, as provided herein.
M.
In
case a protest against such amendment or special use is presented,
duly signed and acknowledged by the owners of thirty percent (30%)
or more either of the areas of land (exclusive of streets and alleys)
included in such proposed change or within an area determined by lines
drawn parallel to and one hundred eighty-five (185) feet distant from
the boundaries of the district proposed to be changed, such revision
or amendment shall not become effective except by the favorable vote
of two-thirds (2/3) of all of the members of the Council.
N.
In
the event an applicant and/or applicant's representative fails to
appear before the Zoning and Planning Commission or the Council for
hearings as provided in this Section at the time advertised for said
hearing, said request will be stricken from the agenda. Before the
Council or the Commission shall further hear the application, the
applicant shall be required to pay an additional fee to the City in
the amount of fifty dollars ($50.00), and upon the payment of said
additional fee, the request shall be republished as prescribed in
this Section for a new public hearing time and place. In the event
that the applicant does not pay the additional fee within sixty (60)
days from the date of the previous scheduled hearing, such request
shall be considered as rejected and no further hearings may be had
thereon without reapplication as a new request.
O.
Denials
by the Zoning and Planning Commission under this Section may be appealed
only to the City Council by written request filed with the City Clerk
within thirty (30) days of the Commission's decision. The City Council
shall hear such appeal at the next practicable regularly scheduled
Council meeting or in any case no later than thirty (30) days after
such request. The City Council, by vote of not less than two-thirds
(2/3) of its entire membership, may overrule the denial by the Zoning
and Planning Commission.
[Ord. No. 6924 §§1—3(9-4), 2-22-1999]
A.
Variances. In the event that a request for a building permit has been denied by the Code Enforcement Officer, appeal of such denial may be made by application for a variance to the Board of Adjustment under the procedures set forth in Sections 405.470 through 405.490. Variances are permitted only as to certain site requirements in areas zoned residential and commercial.
C.
Amendments To Zoning District Map. Application for amendments to the Zoning District Map or so-called "rezoning" requests shall be made to the Zoning and Planning Commission under the procedures set forth in Section 405.510.
D.
Amendments To Zoning Ordinance. The application for amendments to rules, regulations and requirements contained in the text of the zoning ordinance, other than requests for specific site variance, shall be made to the Zoning and Planning Commission under the procedures set forth in Section 405.510.
E.
Use Upon Review. In certain zoning districts, specifically listed uses are permitted upon review. Requests for review shall be made to the Zoning and Planning Commission under the procedures set forth in Section 405.500(B).
F.
Subdivision Development And Amendments To City Plan, Street Plan
Or Subdivision Regulations. Subdivision development and requests for amendments to the City plan, street plan or subdivision regulations shall be made to the Zoning and Planning Commission under the procedures set forth in Article IV, V and Article VI of this Chapter.
G.
Permits
for development or improvements in zoning districts "P", "C-3" and
"M" shall be made to the Planning and Zoning Commission under the
procedures set forth in the zoning ordinance Section pertaining to
each respective zone "P", "C-3" and "M".
[Ord. No. 6924 §§1—3(9-3), 2-22-1999]
A.
In
case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained or any building, structure or land
is used in violation of the zoning ordinance or other regulation made
under authority conferred thereby, the Building Official, which shall
include the City Building Inspector, Plumbing and Electrical Inspectors,
Code Enforcement Officer and City Engineer, in addition to other remedies,
may institute any appropriate action or proceeding to prevent such
unlawful erection, construction, reconstruction, alteration, conversion,
maintenance or use to restrain, correct or abate such violation, to
prevent the occupancy of said building, structure or land or to prevent
any illegal act, conduct, business or use in or about such premises.
Such regulations shall be enforced by the Building Official who is
empowered to cause any building, structure, place or premises to be
inspected and examined and to order in writing the remedying of any
condition found to exist therein or thereat in violation of any provision
of the zoning ordinance.
B.
The
owner or general agent of a building or premises where a violation
of any provision of said regulations has been committed or shall exist
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist or the owner, general
agent, lessee or tenant of any part of the building or premises in
which such violation has been committed or shall exist or the general
agent, architect, builder, contractor or any other person who commits,
takes part or assists in any such violation or who maintains any building
or premises in which any such violation shall exist shall be guilty
of a misdemeanor punishable by a fine of not less than ten dollars
($10.00) and not more than one hundred dollars ($100.00) for each
and every day that such violation shall continue, but if the offense
be willful on conviction thereof, the punishment shall be a fine of
not less than one hundred dollars ($100.00) and not more than two
hundred fifty dollars ($250.00) for each and every day that such violation
shall continue.
C.
Any
such person who, having been served with an order to remove or to
cease any such violation, shall fail to comply with said order within
ten (10) days after such service or shall continue to violate any
provision of the zoning ordinance in the respect named in such order
shall also be subject to a civil penalty of two hundred fifty dollars
($250.00); and each day that such failure to obey said order continues
shall be a separate offense.
