Douglas City Zoning Code

A.

The provisions of this Ordinance shall be administered and enforced by the City Planner, who may employ the assistance of the Building Inspector, Code Enforcement Officer, and other such persons as the City Council may approve or direct. Additionally, the City Planner may provide administrative interpretation of this Ordinance as applicable to planning, zoning, development and building.

1.

Duties of the City Planner. In conjunction with the responsibility for administration, interpretation and enforcement of this Ordinance, the City Planner and delegates thereof shall have the following duties:

a.

Receive and examine applications for, and process issuance of Building Permits, Zoning Compliance Certificates, and Occupancy Permits.

b.

Make or direct other staff to conduct such inspections of buildings, structures and premises as are necessary to enforce the provisions of this Ordinance.

c.

Carry out the orders of the Council, Commission, and/or Board as authorized by this Ordinance.

d.

Deny any application for Building Permit, Zoning Compliance Certificate, or Occupancy Permit, for a use which by the terms of this Ordinance requires the review and approval of the Board of Adjustment.

2.

Limitations. Under no circumstances shall the City Planner or designee thereof:

a.

Grant exceptions to the actual meaning of any clause, order, or regulation contained in this Code except as expressly defined in this Title.

b.

Make changes in or vary the terms of this Code.

c.

Refuse to issue a Building Permit, Zoning Compliance Certificate or Occupancy Permit when the applicant has complied with all provisions of this and other applicable ordinances and codes, despite any violations of contracts, covenants, or private agreements which may result therefrom.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

Applicability.

1.

Prior to Conduct of Activities. It shall be unlawful to commence any excavation for, or erection, alteration, enlargement, extension, or moving, of any building or structure, or part thereof, or to change or extend the use of any lot or parcel, or to change the use or type of occupancy of any building or structure, except as may be provided elsewhere in this Ordinance, until a Zoning Compliance Certificate for such work has been issued by the City Planner or designee thereof.

2.

Combined Activities Under One Certificate. Accessory buildings or structures, when proposed for erection at the same time as a main building and included on the application therefore, shall not require a separate Certificate. No Zoning Compliance Certificate shall be issued except in conformity with the provisions of this Ordinance; except after written order by the Board of Adjustment.

B.

Application for Zoning Compliance Certificates. All applications for Zoning Compliance Certificates shall be filed on standard forms provided for the purpose, or incorporated into other applications, and shall be accompanied by plans in duplicate, drawn to scale, showing the following and such other information as the City Planner, Building Inspector, or designee thereof may require to ensure conformity of the proposed building or structure with the provisions of this Ordinance:

1.

Dimension, area and shape of the property to be built upon, and the boundaries of all lots or parcels under separate ownership contained therein;

2.

Dimensions, size, height and use of any buildings, structures, and driveway areas already existing on the property, and their exact location thereon;

3.

Width and alignment of all streets, alleys and easements for public access, in or abutting the property;

4.

Size and height of all buildings and structures proposed to be erected or altered, and their exact position on the property, with setback distances from property lines and other structures indicated;

5.

Proposed uses of building, structures, and land including the number of families or dwelling units, if any, the building is designed to accommodate.

C.

Issuance of Zoning Compliance Certificate. Within ten (10) days after the filing of a complete application for a Zoning Compliance Certificate, according to the provisions of this Ordinance, the City Planner shall either issue or refuse to issue same, when such permit is refused; the City Planner shall state in writing the reasons for such refusal, so informing the applicant of same and retaining a file copy of the action. One (1) copy of the plans shall be returned to the applicant marked either "APPROVED" or "DENIED" by the City Planner and attested to by signature. The second copy of plans, similarly marked and signed, shall be retained in the files of Development Services.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

Intent. It shall be unlawful to use or permit the use of occupancy of, any building or structure, or any change or extension of a use of land for which a Zoning Compliance Certificate has been issued therefore by the City Planner or designee thereof without the issuance of an occupancy permit.

1.

Issuance of Occupancy Permits. Within ten (10) days after having received notice that the building, structure or premises, or part thereof, has been completed and is ready for use or occupancy, the Building Inspector or designee of the City Planner shall make a final inspection thereof to determine whether construction has been completed in conformity with the provisions of this Ordinance. If construction is found to be in conformity with permitted plans, an Occupancy Permit shall be issued.

2.

Temporary Occupancy Permits. The City Planner or designee thereof may issue a Temporary Occupancy Permit for a part of a commercial building, structure, or use prior to completion of the entire building, structure or use, provided that such part has been completed in conformity with all provisions of this Ordinance and is considered safe and suitable for use or occupancy. A Temporary Occupancy Permit shall remain in force until the entire building, structure, or use has been completed and inspected, and an Occupancy Permit has been issued.

(Ord. No. 23-1166, § 2, 7-12-2023)

Before and Zoning Compliance Certificate or Occupancy Permit shall be issued, the inspection fee shall have been paid to the City Clerk or designee thereof. Inspection fees shall be determined according to the schedule contained in Article 13 of this Ordinance, and Chapter 15.08 Building Permits and Inspection Fees and posted in Development Services.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

Applicability. Staff of Development Services, Public Works, Fire Prevention, and other departments as appropriate may review proposed developments for conformity with various City regulations, plans, and support for other City initiatives.

B.

Pre-Application Submittal and Review. At the discretion of the City Planner, a potential applicant for development permits may submit a request to meet with staff before submitting application. The potential applicant must provide at minimum:

1.

Conceptual Site Plan. A rough site plan indicating location of proposed uses, with approximate measurements, showing circulation, parking, and landscaping, if appropriate, for consideration by City staff.

C.

Application. A complete application must include the following:

1.

Application Form completed fully;

2.

Contractor Affidavit completed, signed and dated, if required;

3.

Site Plan;

4.

Building Detail Plans; and

5.

Receipt of fees payment.

D.

Fees. Before staff will review plans associated with an application, the fees shall have been paid to the City. Fees shall be determined according to the schedule contained in Article 13 of this Ordinance, and Chapter 15.08 Building Permits and Inspection Fees, and posted in Development Services.

E.

Administrative Approval of Site Plans.

1.

Administrative Review and Approval. Except as otherwise expressly provided in this Article the City Planner shall have the authority to approve, conditionally approve, or deny an application seeking the approval of a site plan or an amended site plan.

2.

Applicability. A site plan application must be submitted for all new and existing developments that propose qualifying building additions, alterations, or site improvements and amendments to site plans.

3.

Application Requirements. Applications for initial site plans and amended site plans shall be filed with the Development Services Department on form(s) provided by the Department and shall include all the information identified in the application form(s) and other data that may be required by the City Planner to ensure compliance with the requirements. Site plan applications must be signed by the property owner(s) or an authorized agent of the property owner(s) and all applicable fees shall be paid when the application is submitted.

4.

Approval Criteria.

a.

The Development Services Department shall review site plan applications in accordance with applicable zoning ordinance regulations, subdivision regulations, engineering standards, flood prevention and control regulations, development agreement, development master plan, and all other applicable federal, state, and local laws, ordinances, codes, rules, regulations, policies and/or guidelines.

b.

Approval of a site plan application shall be given only when in the judgement of the City, such an approval is consistent with the intent and purpose of this Article, and it is determined that the proposed application is:

i.

Consistent with the health, safety, and welfare of the community;

ii.

Consistent with purposes and intent of this Article, the General Plan, and any adopted plan for the area;

iii.

Will not cause traffic related concerns that cannot be mitigated as determined by the City Engineer; and

iv.

Failure to comply with provisions of the Codes, standards, and procedures of the city shall be the sole basis for denial.

5.

Notice of Decision.

a.

The Development Services Department shall notify the applicant, in writing, of the decision to approve or deny the application, and shall state any conditions for approval or reasons for denial in said letter.

b.

The Development Services Department shall provide notice of the decision to those property owners within 300 feet of the proposed site plan.

c.

If no appeal is filed within the timeframe specified in herein, then the decision of the Development Services Department shall be final.

6.

Appeal Criteria and Procedure.

a.

The notice of decision may be appealed by the applicant, any city property owner, and property owners within 300 feet of the proposed site plan.

b.

Basis For Appeal.

i.

The purpose of the appeal criteria provided herein is to fairly accommodate the appeal right of a party aggrieved by a City decision, while also ensuring the appeal is conducted fairly and expeditiously and ensuring finality in land use decisions and development permitting.

ii.

The interpretation, application, or enforcement of a specific zoning ordinance or regulatory requirement. Disagreement with policy judgement or design preference shall not, by itself, constitute grounds for an appeal.

c.

To Initiate An Appeal Regarding A Site Plan Application:

i.

A written notice of appeal must be submitted on a form prescribed by the Department and must include citations to the specific zoning ordinance or other regulatory requirement the appellant believes the site plan does not comply with; and

ii.

The written notice of appeal and the applicable fee must be received by the City Manager not later than ten (10) calendar days after the city issues the notice of decision. The deadline shall be extended to the end of the next business day when the deadline occurs on a non-business day.

7.

Appeal; Department Director.

a.

Upon receipt of a valid appeal, the Department Director, Or designee shall determine the nature of the appeal and the appropriate type of review.

b.

Appeals of a technical nature (such as but not limited to utility locations, grading and drainage, or traffic mitigation measures) shall be reviewed by the City Engineer or designee.

c.

All other types of appeals, including but not limited to exactions or dedications associated with the site plan, shall be heard in accordance with Section 1605.

8.

Building Permits Based Upon Approved Site Plan.

a.

For all developments subject to site plan review, an approved site plan and proper zoning are required prior to the commencement of any construction or development on the site.

b.

The applicant shall obtain the necessary building and/or construction permits within eighteen (18) months of the date of approval of the site plan application, if not obtained within the eighteen (18) month time frame, the applicant may, prior to the date of expiration, file a request for an extension, whereupon the City Planner may authorize a one-time, six (6) month extension. If the time frame has expired, the applicant shall submit a new site plan, together with the applicable documents and fees as stipulated in the above provisions.

(Ord. No. 23-1166, § 2, 7-12-2023; Ord. No. 25-1224 meeting, § 1(Exh. A), 11-17-2025)

A.

Applicability. Where questions of absence or omission, ambiguity, or conflict of terms, meanings, and directions among provisions of these zoning regulations, and with other regulations of the City that apply to land use and development generally without regard to a specific location, the City Planner may initiate or receive Administrative Interpretation applications. Administrative Interpretations shall not supersede other applications of location-specific administrative, quasi-judicial, or legislative processes such as conditional use permits (Section 310), variances (Section 325), code amendments or rezones (Article 12).

B.

Process. As provided in Section 302 of these regulations.

(Ord. No. 23-1166, § 2, 7-12-2023)