Diamond City Zoning Code
ARTICLE VI
Administration-Special Uses, Amendments and Changes-Jurisdiction
Section 405.300 Special Uses-Permit.
[Ord. No. 227 §1(94.090), 10-4-1999]
A.
Special Use Permit. Any of the uses listed below may be located in any district by special use permit of the Board of Aldermen, 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 the regulations and shall comply with the height and area regulations of the district in which they may be located, unless otherwise granted, provided that any building or structure constructed thereon which is not otherwise permitted in the district in which such land is situated shall reconform to the district upon the date of expiration of the special use permit. Any such permit shall be valid for the length of time determined by the Planning and Zoning Commission with the approval of the Board of Aldermen.
B.
Designation Of Permitted Uses With Permit.
1.
Privately owned amusement parks, baseball or athletic fields, racetracks, carnivals;
2.
Private clubs, including fraternal orders;
3.
Camping areas, picnic groves and fishing lakes, including minor and incidental concession facilities for patrons only;
4.
Kennels;
5.
Nursery sales office, building, greenhouses or area;
6.
Nursing and convalescent homes;
7.
Radio, television and microwave towers;
8.
Motels or inns;
9.
Buildings, structures and premises for public utility services or public service corporations;
10.
Assembly halls;
11.
Day nursery or preschool;
12.
Mortuaries;
13.
Temporary use of land for commercial or industrial purposes, provided that any building or structure constructed thereon which is not otherwise permitted in the district in which such land is situated shall reconform to the district upon the date of expiration of the special use permit. Any such permit shall be valid for the length of time determined by the Planning and Zoning Commission; and
14.
In the event of a family hardship or during construction of the principal residential or commercial structure, a basement, garage, camper or manufactured home may be utilized for temporary housing for a period not to exceed twelve (12) months provided all health and sanitation codes of the City are complied with. Upon conclusion of the permitted time period or completion of the principal structure, whichever occurs first, the owner shall remove the temporary housing or make the necessary changes for the property to be in conformance with the regulations of the district in which the property is located.
Section 405.310 Procedure For Special Use Permits or Amendments To The Zoning District Map.
[Ord. No. 227 §1(94.100), 10-4-1999]
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 in letter form describing the amendment, revision or change requested, along with map exhibits identifying the property, to 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, in letter form describing the amendment, revision or change, to the City Clerk.
C.
A fee of five dollars ($5.00) shall accompany each application, and in addition to the filing fee, the applicant shall pay the cost of publication and certified mail, if any.
D.
All such applications shall be set down for hearing before the Planning and Zoning Commission not later than the second (2nd) regularly scheduled meeting of the Commission from the date of filing the same. Any such hearing, for good cause shown, at the request of the applicant or in the discretion of the Commission, may be continued. At least five (5) and not more than fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation within the City. All owners within one hundred eighty-five (185) feet of the subject land shall be notified by certified mail stating the purpose of and date of the public hearing. In addition, the Building Official shall post notice of said hearing and the reason therefor by placing a sign on the subject premises.
E.
Upon the final hearing of such application, the Commission shall approve or deny the same and a report of such action, together with a recommendation for final approval or denial, shall be made by the Commission to the Board of Aldermen.
F.
The Planning and Zoning Commission shall not recommend for 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 these regulations;
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 subdivision plan and the intent of the existing zoning district provisions;
5.
Will provide, if applicable, off-street parking and loading areas in accordance with the standards continued in these regulations;
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 Planning and Zoning Commission shall consider the extent to which the evidence demonstrates the following:
2.
The impact of the projected vehicular ingress and egress of the use is determined with regard to the surrounding traffic flow, pedestrian safety and accessibility of fire-fighting equipment.
3.
The proposed use complies with the performance standards of these regulations.
4.
The proposed use is compatible with the surrounding area and its impact upon community facilities and services.
H.
The Planning and Zoning Commission shall render a written decision containing specific findings of fact without unreasonable delay 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 conformance with these regulations and may be necessary to assure that the general intent of these regulations is carried out.
J.
The Board of Aldermen in approving an application for amendment or special use permit:
1.
Shall impose such conditions or deletions to the conditions and restrictions as were recommended by the Planning and Zoning 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 Board of Aldermen or, upon rejection by the Board, 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 Board 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 Planning and Zoning Commission before a building permit may be issued; and
5.
Shall specify that failure to comply with any of these conditions or restrictions constitutes a violation of these regulations punishable herein.
K.
No amendment or use permit granted by the Board of Aldermen 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 commencing 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 amendments 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 Board; likewise, the Board 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 the event an applicant and/or his/her representative fails to appear before the Planning and Zoning Commission or the Board of Aldermen for hearings as provided in this Section at the time advertised for said hearing, said request will be stricken from the agenda. Before the Board 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 five dollars ($5.00), plus the cost of publication. Upon payment, 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 new request.
N.
Denials by the Planning and Zoning Commission under this Section may be appealed only to the Board of Aldermen by written request filed with the City Clerk within thirty (30) days of the Commission's decision. The Board shall hear such appeal at the next practicable regularly scheduled Board meeting or in any case no later than sixty (60) days after such request. The Board may overrule the denial by the Planning and Zoning Commission.
Section 405.320 Jurisdiction Over Requests Involving Land Use Regulations.
[Ord. No. 227 §1(94.040), 10-4-1999]
A.
Variances. In the event that a request for a building permit has been denied by the City through its designated representative, appeal of such denial may be made by application for a variance to the Board of Adjustment under the procedures as set forth in Section 405.350. 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 Planning and Zoning Commission under the procedures as set forth in Section 405.310.
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 Planning and Zoning Commission under the procedures set forth in Section 405.310.