Chattanooga City Zoning Code

ARTICLE XVI

ZONING APPROVALS

Sec. 38-74.- Zoning Text and Map Amendment

(a)

Purpose .....

The regulations imposed by the zoning regulations of this Zoning Code and of the Zoning Map may be amended from time to time in accordance with this section. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.

(b)

Initiation .....

(1)

Text Amendments .....

(i)

The City Council, Planning Commission, or Regional Planning Association may propose a zoning text amendment. .....

(ii)

Requests to amend the Zoning Code text may also be made as follows: .....

Petitioner discusses the proposed amendments at a regularly scheduled meeting of the Planning Commission under non-agenda items. .....

The Planning Commission may direct Regional Planning Agency staff to explore options/suggestions on the proposed amendment, place it on the Planning Commission's agenda for future action, or take no action. .....

(2)

Map Amendments .....

The City Council, or a property owner in the City may propose a zoning map amendment.

(c)

Authority .....

The City Council, after receiving a recommendation from the Planning Commission, will take action on requests for zoning text or map amendments.

(d)

Procedure .....

(1)

Filing and Notice. .....

All Applications must be filed per . Once it is determined that the application is complete, staff will schedule the application for consideration by the Planning Commission. Amendments initiated by the City Council or Planning Commission also require an application but are exempt from fees. Notice is required per .

(2)

Action by Planning Commission .....

(i)

Upon receipt of a complete application, the Planning Commission will consider the proposed zoning amendment at a public meeting. .....

(ii)

The Planning Commission must evaluate the application based upon the evidence presented, pursuant to the approval standards of this section. .....

(iii)

A petition for rezoning, closure and abandonment, or special permits shall not be accepted for a period of nine (9) months following a denial of a previous petition involving the same property or any part thereof. .....

(iv)

The Planning Commission must make a recommendation within 60 days of the date of the initial public meeting, unless there is mutual agreement between the applicant and the Planning Commission to extend this period of time. .....

(v)

After the close of the meeting, the Planning Commission will forward its recommendation to the City Council. .....

(3)

Action by City Council .....

(i)

The City Council will hold a public hearing on the application following receipt of the Planning Commission recommendation. .....

(ii)

Following the close of the public hearing, the City Council will take action in the form of approval, approval with conditions, or denial. The City Council may also approve another zone classification than that requested by the applicant. .....

(iii)

(e)

Evaluation Criteria .....

The Planning Commission recommendation and the City Council decision on any zoning text or map amendment is a matter of legislative discretion that is not controlled by any particular criteria. However, in making their recommendation and decision, the Planning Commission and the City Council will consider the following criteria at a minimum. Approval of amendments is based on a balancing of these criteria.

(1)

Criteria for Map Amendments .....

(i)

The compatibility with the existing use of the property and zoning of nearby property. .....

(ii)

The extent to which the proposed amendment creates nonconformities. .....

(iii)

The trend of development, if any, in the general area of the property in question. .....

(iv)

The consistency of the proposed amendment with the Comprehensive Plan and any adopted land use policies. .....

(2)

Criteria for Text Amendments .....

(i)

Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy. .....

(ii)

The extent to which the proposed amendment creates nonconformities. .....

(iii)

The consistency of the proposed amendment with the intent and general regulations of this Code. .....

(iv)

The consistency of the proposed amendment with the Comprehensive Plan and any adopted land use policies. .....

(f)

Conditional Zoning .....

The City Council may approve a zoning map amendment with conditions (conditional zoning/rezoning) as allowed per Tenn. Code Ann. § 13-7-201(b).

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24; Ord. No. 14169, § 1, 11-19-24; Ord. No. 14181, § 1, 12-17-24; Ord. No. 14202, § 1, 2-18-25)

Sec. 38-75. - Special Exceptions

(a)

Purpose .....

This Code is based upon the division of the City into zones. Within each zone, the use of land and structures are considered substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in a particular zone or zones without consideration of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.

(b)

Initiation .....

A property owner in the City may file an application to use their land for one or more of the special exceptions authorized within the zone. A property owner may only propose a special exception for property under their control.

(c)

Authority .....

The Board of Appeals will take action on requests for special exceptions.

(d)

Procedure .....

(1)

Filing and Notice. .....

All Applications must be filed per . Once it is determined that the application is complete, staff will schedule the application for consideration by the appropriate body. Notice is required per .

(2)

Approval by Board of Appeals .....

(i)

Upon receipt of a complete application, the Board of Appeals will consider the special exception at a public hearing. .....

(ii)

The Board of Appeals will evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. .....

(iii)

The Board of Appeals must either approve, approve with conditions, or deny the special exception. .....

(iv)

The Board of Appeals may impose additional conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special exception as deemed necessary for the protection of the public health, safety, and welfare. .....

(v)

Provided, however, that where the application for a variance or special exception involves only the addition to or extension of an existing building or structure, the Board may allow such addition or extension when said addition or extension would be no less conforming as to setback distances than the existing structure or structures on the same or adjacent property, provided further, that such addition or extension is not in conflict with the character of the area in which the property is located or the comprehensive zoning plan. .....

(e)

Evaluation Criteria .....

The listing of a use as a special exception within a zone does not constitute an assurance or presumption that such special exception will be approved. Rather, each special exception must be evaluated on an individual basis, in relation to all applicable standards of this Code. Such evaluation will determine whether approval of the special exception is appropriate at the particular location and in the particular manner proposed. The decision must make findings to support each of the following:

(1)

The proposed special exception will not endanger the public health, safety, or welfare. .....

(2)

The proposed special exception is compatible with the general land use of adjacent properties and other property within the immediate vicinity. .....

(3)

The special exception in the specific location proposed is consistent with the spirit and intent of this Code and adopted City land use policies. .....

(f)

Special exceptions permit for a residential home for persons with a disability and/or aged persons for nonprofit family residences and those operated on a commercial basis, Assisted Living Facilities and Medically Assisted Living Facilities, Nursing Homes and Hospitals. .....

(1)

No special exceptions permit is necessary for any residential home in which eight (8) or fewer unrelated persons with disabilities reside, and which may include three (3) additional persons acting as support staff or guardians, who need not be related to each other or to any of the persons with disabilities in any residential zone within the City. This ordinance allows nonprofit organizations to operate residential homes meeting the requirements of Tenn. Code Ann. § 13-24-101 to remove zoning obstacles which prevent persons with a disability from living in normal residential surroundings in compliance with state and federal law. .....

(2)

This ordinance does not apply to family residences housing greater than eight (8) or more unrelated persons in any single family or other residential zone where such residences are operated on a commercial basis as required by Tenn. Code Ann. § 13-24-104 unless Land Development staff is provided adequate information from the State Comptroller's Office with any building permit request establishing the nonprofit status of the entity which will operate the residential home in compliance with Federal and Tennessee state law as a nonprofit entity. All other applicants which do not meet the requirements of Tenn. Code Ann. § 13-24-102 must comply with the requirements of subsection (3). .....

(3)

Any application for homes operated on a commercial basis or for a residential facility which is not exempt under Tenn. Code Ann. § 13-24-101 et seq. or as otherwise provided by Tennessee law shall comply with the following requirements: .....

(i)

An applicant must apply for a license for a "Residential Home for the Aged" from the Tennessee Department of Public Health; or shall apply for a license for a "Boarding Home Facility," or a "Large Group Home Facility," to be submitted to the Tennessee Department of Mental Health and Mental Retardation, as the case may be. Prior to operating either of the above, a Special Exceptions Permit from the City Council or the Board of Zoning Appeals for operation within the proper zone and the State License must be obtained. .....

(4)

Any application to the Board for a special permit to operate any family residence on a commercial basis or for a residential facility which is not exempt under Tenn. Code Ann. 13-24-101 et seq. shall be accompanied by a site plan, drawn to scale, showing the following information: .....

(i)

Size and location, and use of all buildings and structures. .....

(ii)

Parking and loading facilities. .....

(iii)

Points of ingress and egress. .....

(iv)

Surrounding land uses; and .....

(v)

A list showing: .....

Number of residents. .....

Number of employees, visitors and/or volunteers who may reasonably be expected at any one (1) time. .....

State licensure department (if applicable). .....

Type of license and nature of operation; and .....

A statement of whether the facility will be operated on a commercial basis and a copy of any documentation of the nonprofit status of the entity which will operate the residential home in compliance with Federal and Tennessee state law as a nonprofit entity. .....

(5)

The Board shall review documentation unless Tennessee law takes precedence over any provision in the zoning ordinances to the contrary that such uses are appropriate to the zone in which they are proposed to be located. The Board will determine that the proposed use will not conflict with the developed character of the area; that the City Traffic Engineer has approved all plans for the points of ingress and egress, parking and loading facilities; and that the proposed use will not be in conflict with the adopted plans of the community after it determines that the facility is properly allowed with the residential zone pursuant to Tennessee and Federal law. .....

(6)

Prior to operating any of the above uses, both the Special Permit and the State License (where applicable) must be obtained. .....

(g)

Modifications to Approved Special Exception .....

Any modifications to the conditions of approval for a previously approved special exception must be resubmitted as a new special exception application. Any modifications that meet Code standards are permitted, subject to the regulations of this Code.

(h)

Expiration .....

A special exception approval expires if any one of the following conditions occurs and no request for an extension of the special exception validity is granted or pending. The original approving body may grant an extension for a period of validity, so long as the applicant applies in writing for an extension of time at any time prior to the date of expiration. No public hearing is required for approval of such extension of time.

(1)

When an approved special exception is changed to another use. .....

(2)

For special exceptions approved in conjunction with new construction or additions or enlargements to an existing structure, the special exception approval expires within two years of the date of approval if a building permit has not been issued. .....

(3)

For special exceptions approved in conjunction with an existing structure or on lot where no structure is planned, the special exception approval expires within two years of the date of approval if the licenses or permits required for the operation or maintenance of the use have not been obtained. .....

(i)

Rehear of Special Exceptions Applications .....

The Board shall not rehear any case for a Special Exceptions on the same site or parcel of property within a minimum period of one (1) year of its previous hearing date.

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24; Ord. No. 14169, § 1, 11-19-24; Ord. No. 14181, § 1, 12-17-24; Ord. No. 14202, § 1, 2-18-25)

Sec. 38-76. - Variance

(a)

Purpose. .....

The purpose of the variance process is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of the zoning regulations of this Code that create practical difficulties or particular hardships. Certain types of modifications are eligible for approval under the administrative modification process in . In the Form-Based Code Zones, certain variances are approved by the Form-Based Code Committee in Article VI.

(b)

Initiation .....

A property owner in the City may file an application for a variance. A property owner may only propose a variance for property under their control.

(c)

Authority .....

(1)

The Board of Appeals will take formal action on variances on zoning regulations including variances to overlay zoning standards. .....

(2)

Certain types of modifications are eligible for approval under the administrative modification process in . .....

(3)

In the Form-Based Code Zones, certain variances are approved by the Form-Based Code Committee (Article VI). .....

(d)

Procedure .....

(1)

All Applications must be filed per . Once it is determined that the application is complete, staff will schedule the application for consideration by the Board of Appeals. Notice is required per . .....

(2)

Upon receipt of a complete application, the Board of Appeals will consider the variance at a public hearing. .....

(3)

The Board of Appeals must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. The Board of Appeals will approve, approve with conditions, or deny the variance. .....

(4)

The Board of Appeals may impose such conditions and restrictions upon the variance as may be deemed necessary for the protection of the public health, safety, and welfare. .....

(5)

The Board of Appeals may grant a variance that is less than that requested when it has been decided that the applicant is entitled to some relief of the hardship, but not to the entire relief requested in the variance application. .....

(6)

The Board of Appeals shall not rehear any case upon the same grounds within a minimum period of one (1) year of its previous hearing date. .....

(e)

Criteria .....

The Board of Zoning Appeals may authorize a variance from the strict application of this Code to relieve such difficulties or hardship only in accordance with the following criteria:

(1)

That by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of enactment of the zoning regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of this Code would result in peculiar and practical difficulties or undue hardships upon the owner to develop their property. .....

(2)

That the relief of the peculiar hardships, practical difficulties, or undue hardships granted by the Board would not establish substantial detriment to the public good or substantially impair the intent and purpose of this Code. .....

(3)

That the peculiar hardship, practical difficulties, or undue hardships apply to the particular land or building regardless of the owner. .....

(4)

That the peculiar hardship, practical difficulties, or undue hardship have not been created by the property owner. .....

(5)

That the peculiar hardship, practical difficulties, or undue hardships relate only to the premises for the benefit of which the variance is sought and would not be generally applicable to other premises in the City or the personal conditions of the applicant. .....

(f)

Limitations .....

(1)

No variance may allow a use that is prohibited in the applicable base or overlay zone. .....

(2)

The variance granted is the minimum adjustment necessary for the reasonable use of the land. .....

(3)

The Board cannot vary conditions imposed by the City Council on a zoning change that has been adopted by the City Council by ordinance. Any condition imposed by the City Council can only be lifted or amended by the City Council as a legislative act by that body. .....

(g)

Expiration of Variance .....

An approved variance will expire two years from the date of approval unless a building permit or land disturbance permit is obtained or applied for within such period. The Board of Appeals may grant an extension for a period of validity so long as the applicant applies in writing for an extension of time at any time prior to the date of expiration. No public hearing is required for approval of such extension of time.

(h)

Appeal of Boards Decision. .....

The action of the Board of Appeals shall be final, provided an appeal from the action of the Board may be taken to Hamilton County Chancery Court by any aggrieved, affected party.

(i)

Appeal of Boards Decision. .....

The action of the Board of Appeals shall be final on Special Exceptions, provided an appeal from the action of the Board may be taken to Hamilton County Chancery Court by any aggrieved, affected party.

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24; Ord. No. 14169, § 1, 11-19-24; Ord. No. 14181, § 1, 12-17-24; Ord. No. 14202, § 1, 2-18-25)

Sec. 38-77. - Administrative Modifications

(a)

Purpose .....

The purpose of the administrative modification is to provide relief from carrying out a requirement of this Code that may cause a minor practical difficulty.

(b)

Initiation .....

A property owner in the City may file an application for an administrative modification. A property owner may only propose an administrative modification for property under their control.

(c)

Authority .....

The Director of the Land Development Office is authorized to grant certain administrative modifications, as defined below. Only those items listed below are eligible for an administrative modification; all other requests for relief are considered variances (Section 16.4).

(d)

Eligible Administrative Modifications .....

Eligible administrative modifications are defined below:

(1)

A 10% or less modification to any dimensional standard in this Code. .....

(2)

A 10% or less modification to any design standard in this Code that is established by a set dimension (number). .....

(3)

A reduction of required off-street parking spaces by no more than 10% of that required or two spaces, whichever is greater. .....

(4)

A reduction in required bicycle parking of up to 10%. .....

(e)

Procedure .....

(1)

All applications must be filled per . Application. .....

(2)

The Director of the Land Development Office may decide that an application for an administrative modification, even if it meets the thresholds established in this section, is by its nature a variance to be decided by the Board of Appeals and will resubmit the application to the Board of Appeals as a variance. No additional fees are required. .....

(3)

The Director of the Land Development Office must review and evaluate the complete administrative modification application, pursuant to the standards of this section. .....

(4)

The Director of the Land Development Office must render a decision within 30 days of the date listed on the required notice and either approve, approve with conditions, or deny the application. If the Director of the Land Development Office fails to act within 30 days, the administrative modification will be resubmitted to the Board of Appeals as a variance. No additional fees are required. .....

(5)

The Director of the Land Development Office may impose such conditions and restrictions upon the administrative modification as deemed necessary for the protection of the public health, safety, and welfare. .....

(6)

The Director of the Land Development Office may grant an administrative modification that is less than that requested when it has been decided that the applicant is entitled to some relief of the hardship, but not to the entire relief requested in the application. .....

(7)

If the Administrative Modification is denied, it may be resubmitted as a variance (). If resubmitted as a variance, payment of associated fees is required. .....

(f)

Evaluation Criteria .....

The decision of the Director of the Land Development Office must make findings to support each of the following criteria:

(1)

(2)

(3)

That the peculiar hardship, practical difficulties, or undue hardships apply to the particular land or building regardless of the owner. .....

(4)

That the peculiar hardship, practical difficulties, or undue hardship have not been created by the property owner. .....

(5)

(g)

Expiration .....

An approved administrative modification will expire two years from the date of approval unless a building permit is obtained. The Director of the Land Development Office may grant an extension for a period of validity, so long as the applicant applies in writing for an extension of time at any time prior to the date of expiration.

(h)

Limitations .....

(1)

If an applicant has been denied a variance by the Board of Appeals (Section 16.3), such cannot be resubmitted as an administrative modification for the same dimensional standard or reduction in parking spaces or bicycle spaces for a period of one year. .....

(2)

Such request for an administrative modification for the same dimensional standard or reduction in parking spaces or bicycle spaces may be resubmitted as an administrative modification one year later if it qualifies as such per item D above. .....

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24; Ord. No. 14169, § 1, 11-19-24; Ord. No. 14181, § 1, 12-17-24)

Sec. 38-78. - Plan Review for Permits

The Director of the Land Development Office will review plans for compliance with zoning and any conditions imposed. The Director of the Land Development Office may consult with other departments and agencies as part of this review.

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24)

Sec. 38-79. - Planned Unit Development

(a)

Purpose .....

Planned unit developments (PUD) are intended to encourage and allow more creative and flexible development of land than is possible under zone regulations and should only be applied to further those applications that provide compensating amenities to the City. The underlying zone dimensional, design, and use regulations apply to a PUD unless specifically modified through the approval process. Through the flexibility of the planned unit development technique, a PUD is intended to:

(1)

Encourage flexibility in the development of land and in the design of structures. .....

(2)

Encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of other sections of this Code. .....

(3)

Allow for the design of developments that are architecturally and environmentally innovative, and that achieve better utilization of land than is possible through strict application of standard zoning controls. .....

(4)

Combine and coordinate architectural styles, building forms, and structural/visual relationships within an environment that allows mixing of different uses in an innovative and functionally efficient manner. .....

(5)

Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, circulation patterns, and utilities. .....

(6)

Encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic and geologic conditions, and refrains from adversely affective flooding, soil, drainage, and other natural ecologic conditions. .....

(7)

Facilitate the implementation of adopted City land use policies, particularly with respect to areas planned for potential redevelopment. .....

(b)

Initiation .....

The entire property proposed for the planned unit development must be in single ownership or under unified control. All owners of the property must be included as joint applicants on all applications and all approvals will bind all owners.

(c)

Authorization .....

(1)

A planned unit development is authorized in all zones with the exception of the Form-Based Code Zones. Planned unit development is not permitted in the Form-Based Code Zones. .....

(2)

A planned unit development must be granted in accordance with the procedures and standards of this section. Unless specifically approved as part of the planned unit development approval, the requirements of the underlying zone apply. .....

(3)

Planned unit development approval is separate from subdivision approval. PUD approval may be granted first, whereby subdivision approval would be granted subsequently in compliance with the approved lot layout design. .....

(d)

Exceptions From Zone Regulations .....

(1)

A planned unit development is subject to the underlying zone dimensional, design, and use regulations unless an exception is specifically granted. The Planning Commission may recommend, and the City Council may grant, exceptions to the zone dimensional, design, and use regulations where a planned unit development is located. A planned unit development may allow uses that are currently not allowed in the zone if such uses enhance the overall concept of the PUD and meet the standards of item 2 below. .....

(2)

Exceptions from zone regulations may be granted for planned unit developments if the exceptions: .....

(i)

Enhance the overall merit of the planned unit development. .....

(ii)

Promote the objectives of both the City and the development. .....

(iii)

Enhance the quality of the design of the structures and the site plan. .....

(iv)

Will not cause excessive adverse impact on neighboring properties. .....

(v)

Are compatible with adopted City land use policies and area plans. .....

(3)

The underlying zone dimensional, design, and use regulations apply, unless an exception is granted as part of the planned unit development approval and meets the standards of item 2 above. To be granted such exceptions, the applicant must demonstrate enhanced design and/or amenities. In no case may an exception to zone regulations be granted unless the applicant demonstrates such enhanced design. The enhanced design and/or amenities must be indicated on the development plan. Design characteristics and amenities to be considered in this determination may include, but are not limited to, the following: .....

(i)

Community gathering spaces and amenities including plazas, public art, formal gardens, places to congregate, and pedestrian and transit facilities. .....

(ii)

Improvement of existing on-site and adjacent, abutting off-site infrastructure. .....

(iii)

Use of sustainable design and energy efficient design concepts, and new building technologies. .....

(iv)

Preservation of existing environmental features. .....

(v)

Preservation of historic features and adaptive reuse of existing buildings. .....

(vi)

New open space and recreational amenities such as recreational open space, including parks and playgrounds, natural water features and conservation areas, jogging trails and fitness courses, dog parks, skate parks, and similar recreational features. .....

(vii)

Provision of bike share facilities. .....

(viii)

Workforce/affordable housing set-asides. .....

(ix)

Senior housing set-asides. .....

(e)

Procedure .....

The approval of a planned unit development includes a pre-application consultation, optional concept plan review, and development plan approval.

(1)

1. Pre-Application Consultation. .....

(i)

a. Prior to formal submittal of an application, a pre-application conference with the Regional Planning Agency is required. .....

(ii)

b. At a pre-application consultation, the applicant must provide information as to the location of the proposed planned unit development, the proposed uses, proposed improvements, including the enhanced design and amenities, anticipated exceptions to this Code, and any other information necessary to explain the planned unit development. .....

(iii)

c. The purpose of such pre-application consultation is to make advice and assistance available to the applicant before preparation of the concept plan or development plan, so that the applicant may determine whether the proposed planned unit development is in compliance with the provisions of this Code and other applicable regulations, and whether the proposed planned unit development aligns with the adopted land use policies of the City. .....

(iv)

d. The pre-application conference does not require formal application, fee, or filing of a planned unit development application. Any opinions or advice provided by the Regional Planning Agency are in no way binding with respect to any official action that may be taken on the subsequent formal application. No decision will be made on the application. .....

(2)

2. Optional Concept Plan .....

Before submitting a formal application for a planned unit development, the applicant may present a concept plan before the Planning Commission, at their option, for the purpose of obtaining information and guidance prior to formal application.

(i)

a. The concept plan will be presented at a public meeting and no notice is required. At minimum, the concept plan must consist of the following: .....

i. A map (or maps) in general form containing the proposed land uses, the natural features of the development site, the character and approximate location of all roadways and access drives proposed, the location of all adjacent public streets, public utilities, and schematic drawings showing the size, character, and disposition of buildings on the site. .....

ii. A written statement containing a general explanation of the planned unit development, including a statement of the present ownership of all the land within said development and the expected schedule of construction. .....

(ii)

b. The Planning Commission will review the concept plan and provide such information and guidance it deems appropriate. Any opinions or advice provided by the Planning Commission is in no way binding with respect to any official action the Planning Commission or City Council may take on the subsequent formal application. The review of the concept plan is not a public hearing. No decision will be made on the application. .....

(3)

Development Plan .....

(i)

Filing and Notice .....

All Applications must be filed per . Once it is determined that the application is complete, staff will schedule the application for consideration by the Planning Commission. Notice is required per .

(ii)

Action by Planning Commission .....

Upon receipt of a complete application, the Planning Commission will consider the development plan at a public meeting. .....

The Planning Commission must evaluate the application based upon the evidence presented, pursuant to the approval standards of this section. .....

The Planning Commission will recommend approval, approval with conditions, or denial of the application. .....

After the close of the meeting, the Planning Commission will forward its recommendation to the City Council. .....

(iii)

Action by City Council .....

The City Council will hold a public hearing on the development plan following receipt of the Planning Commission recommendation. .....

Following the close of the public hearing, the City Council will take action in the form of approval, approval with conditions, or denial the planned unit development. .....

(iv)

Conditions .....

The Planning Commission may recommend, and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the planned unit development as deemed necessary for the protection of the public health, safety, and welfare. Such conditions and restrictions must be reflected in the revised development plan.

(v)

Evaluation Criteria .....

The recommendation of the Planning Commission and decision of the City Council may consider the following criteria:

The proposed planned unit development uses and development form is compatible with other property in the vicinity. .....

The proposed planned unit development will not impede the normal and orderly development and improvement of surrounding property. .....

There is provision for adequate utilities and infrastructure, drainage, off-street parking and loading, pedestrian access, and all other necessary facilities. .....

There is provision for adequate vehicular ingress and egress designed to minimize traffic congestion upon public streets. The Planning Commission and/or City Council may require a traffic study to provide evidence that the circulation system is adequate. .....

The location and arrangement of structures, parking areas, walks, landscape, lighting, and other site design elements, are compatible with the surrounding neighborhood and adjacent land uses. .....

The consistency of the proposed amendment with the Comprehensive Plan and any adopted land use policies. .....

(f)

Effect of Approval .....

After development plan approval, the development plan will constitute the regulations applicable to the subject property. The planned unit development must be developed in accordance with the development plan, rather than the zone regulations otherwise applicable to the property. Violation of any condition is a violation of this Code and constitutes grounds for revocation of all approvals granted for the planned unit development.

(g)

Vesting .....

Planned unit developments are vested in accordance with Article XVI.

(h)

Modifications to Approved Development Plans .....

No adjustments may be made to the approved development plan, except upon application to the City in accordance with the following. An application for a change to an approved development plan must be submitted to the Regional Planning Agency. Applications must include a written description of the proposed change, including the reason for such change, and a notation of the location on the appropriate part of the approved development plan.

(1)

Administrative Modifications .....

The Director of the Land Development Office may approve the following administrative modifications to an approved final plan when it is determined by the Director of the Land Development Office that such changes are in substantial conformance with the approved development plan. Any changes considered a minor or major modification, as defined in this section, cannot be approved as an administrative modification. The Director of the Land Development Office may choose to classify a modification that meets the criteria of this section as a minor modification to be approved by the Planning Commission. No notice is required for an administrative modification.

(i)

Changes required during construction when related to final engineering issues such as topography, drainage, underground utilities, structural safety, or vehicular circulation, to be confirmed by the City Engineer. .....

(ii)

Changes in building location of no more than ten feet that continue to meet the requirements of this Code and any conditions of the final plan approval. .....

(iii)

Changes in the location of vehicle access points, rking areas of up to ten feet that continue to meet the requirements of this Code and any conditions of the final plan approval. .....

(iv)

Changes in building design, including building materials, that continue to meet the requirements of this Code and any conditions of the final plan approval. .....

(v)

Modification of existing accessory structures or the addition of new accessory structures when in conformance with the requirements of this Code. .....

(vi)

Modifications to the approved landscape plan that do not result in a reduction of the total amount of plant material required and conform with all landscape requirements of this Code. .....

(vii)

Modification of existing signs or the addition of new signs when in conformance with sign regulations. .....

(2)

Minor Modifications .....

The Planning Commission may approve the following minor modifications to an approved development plan when it is determined by the Planning Commission that such changes are in general conformance with the approved final plan. Any changes considered a major modification, as defined in this section, cannot be approved as a minor modification. The Planning Commission, at its sole discretion, may choose to classify a modification that meets the criteria of this section as a major modification to be approved by the City Council. No notice is required for a minor modification. When calculating percentages, all fractions are rounded up to the nearest whole number.

(i)

An increase in building height of up to 10%. .....

(ii)

An increase in building coverage up to 10%. .....

(iii)

A change of in the location of vehicle access points, parking areas over ten up to 20 feet. .....

(iv)

An increase or decrease in the number of parking spaces of up to 10 parking spaces. .....

(v)

A change to the landscape plan that results in a reduction of plant material but does not violate the landscape requirements of this Code. .....

(vi)

Reductions and/or alterations in the approved enhanced design and/or amenities to be provided. .....

(3)

Major Modifications .....

(i)

The City Council may approve any other changes to an approved development plan that do not qualify as an administrative or minor modification. In addition, all of the following are considered major modifications: .....

Changes to any conditions imposed as part of the approved development plan. .....

Any change to the boundary of the planned unit development. Significant changes to the boundary may constitute a new planned unit development per item c below. .....

Any change to the uses within the planned unit development. Significant changes to the uses within the planned unit development may constitute a new planned unit development per item c below. .....

(ii)

All major modifications to the development plan must be approved by the City Council. The City Council may only approve changes to the development plan if they find such changes are in general conformance with the approved development plan, necessary for the continued successful functioning of the planned unit development, respond to changes in conditions that have occurred since the development plan was approved, and/or respond to changes in adopted City land use policies. .....

(iii)

Major Modifications constitute a new planned unit development and a new application for a PUD must be submitted following the procedure in this Section. .....

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24; Ord. No. 14169, § 1, 11-19-24; Ord. No. 14181, § 1, 12-17-24)

Sec. 38-80. - Zoning Interpretation

(a)

Purpose .....

The interpretation authority is intended to recognize that the provisions of this Code, though detailed and extensive, cannot, as a practical matter, address every specific zoning issue. However, this zoning interpretation authority is not intended to add or change the essential content of the Code.

(b)

Initiation .....

The City Council, Planning Commission, or a property owner in the City may initiate a zoning interpretation application. All interpretation requests must be for the purpose of furthering actual development.

(c)

Authority .....

The Director of the Land Development Office will review and make final decisions on written requests for zoning interpretations.

(d)

Procedure .....

(1)

All applications for interpretations must be filed per . .....

(2)

The Director of the Land Development Office must review a written request for an interpretation and render the interpretation in writing within 30 days of receipt of a complete application. .....

(3)

The Director of the Land Development Office may request additional information prior to rendering an interpretation. Until such additional material is received, the 30 day period is temporarily suspended until such material is received. .....

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24)

Sec. 38-81. - Temporary Use Permit

(a)

Purpose .....

A temporary use permit allows for the short-term use and/or placement of structures on a lot. The temporary use permit regulates temporary uses that occur entirely on and within a lot. Temporary uses located within the public right-of-way are regulated separately by the City Code.

(b)

Initiation .....

A property owner in the City or a person expressly authorized in writing by the property owner may initiate a temporary use permit application.

(c)

Authority .....

The Director of the Land Development Office will review and make final decisions on temporary use permit applications.

(d)

Procedure .....

(1)

All applications for temporary use permit must be filed with the Land Development Office. .....

(2)

The Director of the Land Development Office must render a decision on the temporary use permit within 30 days of the date of receipt of a complete application. The Director of the Land Development Office must review and evaluate the application, pursuant to the standards of this section, and approve, approve with conditions, or deny the application. .....

(e)

Approval Standards .....

All temporary uses must comply with the requirements of this Code, including the temporary use standards of Article X, and the following standards:

(1)

Unless otherwise allowed by this Code, the temporary use or structure complies with the dimensional requirements of the zone in which it is located. .....

(2)

The temporary use does not adversely impact the public health, safety, and welfare. .....

(3)

The temporary use is operated in accordance with any restrictions and conditions as the Police Department, Fire Department, and/or other City officials may require. .....

(4)

The temporary use does not conflict with another previously authorized temporary use. .....

(5)

The temporary use provides adequate parking if needed. If located on a lot with an operational principal use, does not impact the parking and site circulation of the principal use. .....

(f)

Expiration .....

The temporary use permit is valid for the time period granted as part of the approval.

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24)

Sec. 38-82. - Zoning Appeals

(a)

Purpose .....

This appeals process is intended to provide appropriate checks and balances on the administrative authority of the Director of the Land Development Office.

(b)

Initiation .....

(1)

A property owner in the City that is directly affected by a determination of the Director of the Land Development Office may file an appeal of the Director of the Land Development Office decision on an administrative modification, zoning interpretation, temporary use permit, or other administrative zoning decision related to this Code. .....

(2)

A decision of the Director of the Land Development Office may only be appealed if an application is filed within 30 days of the date the decision is made. .....

(c)

Authority .....

The Board of Appeals will take formal action on zoning appeal applications.

(d)

Procedure .....

All applications must be filed with the Land Development Office. Once it is determined that the application is complete, staff will schedule the application for consideration by the Board of Appeals.

(1)

Upon receipt of a complete application, the Board of Appeals will consider the appeal at a public hearing. .....

(2)

The Board of Appeals must evaluate the application based upon the evidence presented at the public hearing. .....

(3)

Following the close of the public hearing, the Board of Appeals must either confirm or overturn the Director of the Land Development Office decision. .....

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24)