The common provisions of this division apply to all of the review and approval procedures (division 2 through division 9) of this zoning ordinance unless otherwise expressly stated.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-17.10), 10-14-2013)

(a)

The review and approval procedures of this zoning ordinance are intended to comply with the provisions of the Georgia Zoning Procedures Law, O.C.G.A. § 36-66 et seq., which is incorporated by reference in its entirety into this zoning ordinance. If any provision of this zoning ordinance is in conflict with any provision of the zoning procedures law or if this zoning ordinance fails to incorporate a provision required for the implementation of the zoning procedures law, the zoning procedures law controls.

(b)

This zoning ordinance is also intended to comply with the provisions of O.C.G.A. § 36-67 pertaining to zoning decisions. If any provision of this zoning ordinance is in conflict with any provision of O.C.G.A. § 36-67 or if this zoning ordinance fails to incorporate a provision required for the implementation of O.C.G.A. § 36-67, state law controls.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-17.20), 10-14-2013)

(a)

Any application for a development permit or building permit that constitutes a development of regional impact must be forwarded to the Atlanta Regional Commission for review. No final local decision may be made on the application until the Atlanta Regional Commission's review is complete, within the time limit specified by state law.

(b)

Any application for a zoning map amendment or special land use permit that constitutes a development of regional impact must be forwarded to the Atlanta Regional Commission for review. No final local decision may be made on the zoning map amendment or special land use permit until the Atlanta Regional Commission's review is complete, within the time limit specified by state law.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-17.30), 10-14-2013)

The following table provides a summary of review and decision-making authority under this zoning ordinance. In the event of conflict between this summary table and the detailed procedures identified in this zoning ordinance, the detailed procedures govern.

[1] Responsible for review and recommendation only where expressly indicated in this zoning ordinance.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-17.40), 10-14-2013; Ord. No. 2021-09-14, § IX, 9-27-2021)

(a)

Purpose. Pre-application conferences provide an early opportunity for city staff and applicants to discuss the procedures, standards and regulations required for development approval under this zoning ordinance.

(b)

Applicability. Pre-application conferences are required whenever the provisions of this zoning ordinance expressly state that they are required. They are encouraged in all cases.

(c)

Scheduling. Pre-application conferences must be scheduled with community development department staff.

(d)

Guidelines. The community development director may establish guidelines for pre-application conferences, including information that should be provided and any available alternatives to face-to-face meetings, such as telephone conversations and email correspondence.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-17.50), 10-14-2013)

(a)

Purpose. The purpose of applicant-initiated meeting requirements is to help educate applicants for development approvals and neighbors about one another's interests, to attempt to resolve issues in a manner that respects those interests, and to identify unresolved issues.

(b)

Applicability. Applicant-initiated meetings are required to be held whenever the provisions of this zoning ordinance expressly state that they are required. They are encouraged in all cases.

(c)

Written notice. The applicant or his/her representative is responsible for completing all requirements of this section. Written notice is required for all applicant-initiated meetings and will be sent via first class mail to the owners of all residentially zoned property within 1,000 feet of the boundaries of the subject property, as those property owners are listed on the tax records of DeKalb County. The notices must be mailed at least 20 days before the date of the applicant-initiated meeting. Written notices must indicate the nature of the application, the street address of the subject property, and the date, time, place and purpose of the meeting.

In addition to the above notice procedures the following shall be performed:

(1)

A notice of the meeting shall be sent to the city planner at the current address of Dunwoody City Hall.

(2)

At least seven days before but not more than 30 days before the date of the applicant-initiated meeting, notice of the meeting must be published in the official legal organ of the city.

(d)

Scheduling meeting. The applicant initiated meeting must be held between the hours of 6 PM and 8 PM, Monday through Thursday, or between the hours of 12 PM and 9 PM, Saturday and Sunday, for a period of no less than one (1) hour, at a public location within the City of Dunwoody.

(e)

Summary report. The applicant must submit a summary of the applicant-initiated meeting at the time of application submittal. The summary report must describe:

(1)

Efforts to notify neighbors about the meeting date, time, and location (how and when notification occurred, and who was notified);

(2)

Meeting location, date and time;

(3)

Who was involved in the discussions;

(4)

Suggestions and concerns raised by neighbors; and

(5)

What specific changes to the proposal were considered and/or made as a result of the meeting.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-17.60), 10-14-2013; Ord. No. 2015-06-11, § 1, 6-8-2015; Ord. No. 2019-01-03, § III, 1-28-2019)

Editor's note— Section 1 of Ord. No. 2015-06-11, adopted June 8, 2015, changed the title of § 27-306 from "Neighbor communication summary" to read as herein set out.

(a)

Form of application.

(1)

Applications required under this zoning ordinance must be submitted in a form and in such numbers as required by the community development director.

(2)

The community development director must develop checklists of application submittal requirements and make those checklists available to the public.

(b)

Application filing fees. Applications must be accompanied by the fee amount indicated in the fee schedule that has been approved by mayor and city council. Application filing fees are nonrefundable once the application has been accepted and determined to be complete.

(c)

Application completeness, accuracy and sufficiency.

(1)

An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information and is accompanied by the required application filing fee.

(2)

The community development director must make a determination of application completeness in accordance with the schedule established pursuant to section 27-308.

(3)

If an application is determined to be incomplete, the community development director must provide written notice to the applicant along with an explanation of the application's deficiencies.

(4)

No further processing of incomplete applications will occur and incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next processing cycle.

(5)

Applications deemed complete by the community development director will be considered to be in the processing cycle and will be reviewed by city staff, affected agencies and other review and decision-making bodies in accordance with applicable review and approval procedures of this zoning ordinance.

(6)

The community development director may require that applications or plans be revised before being placed on an agenda for possible action if the community development director determines that:

a.

The application or plan contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of the plan's or application's compliance with applicable regulations;

b.

The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with applicable regulations; or

c.

The decision-making body does not have legal authority to approve the application or plan as submitted.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-17.70), 10-14-2013)

The community development director, after consulting with review and decision-making bodies, is authorized to promulgate reasonable application processing cycles and schedules for processing applications under this zoning ordinance. Processing cycles may establish:

(1)

Deadlines for receipt of complete applications;

(2)

Timeframes for determination of application completeness;

(3)

Dates of regular meetings;

(4)

Timing of staff reviews and reports;

(5)

Estimated timeframes for completion of reviews and decision-making;

(6)

Timelines for consideration of comprehensive plan amendments (e.g., annual or semiannual); and

(7)

Other information regarding administrative practices and customs that will assist applicants and the general public.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-17.80), 10-14-2013)

Owner-initiated applications may be withdrawn at the discretion of the applicant without prejudice at any time before the authorized decision-making body votes on the matter. Applications that are withdrawn with prejudice are subject to all applicable limitations on the frequency of filing as if the application had been denied.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-17.90), 10-14-2013)

(a)

Hearing procedures. Public hearing bodies must adopt and publish written rules governing their hearing procedures, which must be made available to the public at the public hearing.

(b)

Applicant attendance. Applicants must appear at public hearings in person or be represented in person by their authorized agent.

(c)

Public notices. The cost of all required and courtesy public notices must be paid by the applicant in addition to all other required application fees.

(d)

Continuances. A public hearing for which proper notice was given may be continued to a later date without providing additional notice as long as the continuance is set for specified date and time and that date and time is announced at the time of the public hearing.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-17.100), 10-14-2013)

(a)

The planning commission and mayor and city council may take any action that is consistent with:

(1)

The regulations of this zoning ordinance;

(2)

All rules and by-laws that apply to the decision-making body; and

(3)

The notice that was given.

(b)

The planning commission and mayor and city council are authorized to defer action or continue a hearing in order to receive additional information or further deliberate.

(c)

The planning commission and mayor and city council are authorized to refer matters back to a review body for further deliberations or to obtain additional information.

(d)

The planning commission and mayor and city council are authorized to defer action, continue the hearing or deny an application whenever the applicant fails to appear for a scheduled and advertised hearing or whenever the applicant fails at more than one meeting to provide the information or documentation necessary for a competent evaluation of the plan's or application's compliance with applicable regulations.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-17.110), 10-14-2013)

When decision-making bodies approve applications with conditions, the conditions must relate to a situation created or aggravated by the proposed use or development and must be roughly proportional to the impacts of the use or development. No condition in the form of a development exaction for other than a project improvement may be imposed within the meaning of the Georgia Development Impact Fee Act. Any conditions imposed must comply with the following:

(1)

Conditions may be imposed to mitigate any possible adverse impacts of the proposal on neighboring persons or properties, consistent with the purposes of this zoning ordinance, the goals and objectives of the comprehensive plan and state law.

(2)

Conditions must be of sufficient specificity to allow lawful and consistent application and enforcement.

(3)

Conditions shall be supported by a record that evidences the relationship between the condition and the impacts of proposed use or development.

(4)

Once imposed, conditions run with land and will be enforced on all present and future property owners and successors in interest.

(5)

Excepts as otherwise expressly stated, amendments or changes to approved conditions may be approved only by following the same procedures as the original approval (i.e., conditions attached to a special land use permit or variance require the processing of a new application for a SLUP or variance, in accordance with the procedures of article V, division 3, or article V, division 5, respectively)

(Ord. No. 2013-10-15, § 1(Exh. A § 27-17.120), 10-14-2013)

Applications must address relevant review and decision-making criteria. In all cases, the burden is on the applicant to show that an application complies with all applicable review or approval criteria.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-17.130), 10-14-2013)

The procedures of this division apply to comprehensive plan land use map amendments, zoning map amendments, zoning ordinance text amendments and major amendments to one or more conditions attached to previously approved zoning map amendments.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-18.10), 10-14-2013)

Amendments to the comprehensive plan's land use map, the zoning map and the text of this zoning ordinance may be initiated by mayor following a motion and a second, any member of the city council following a motion and a second, official action of the planning commission or by the community development director acting on behalf of the mayor and city council. In addition, amendments to the comprehensive plan land use map and the zoning map may be initiated upon application by the owner of the subject property or the subject property owner's authorized agent.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-18.20), 10-14-2013)

Pre-application conferences with staff are required for all owner-initiated amendment applications (see the pre-application provisions of section 27-305).

(Ord. No. 2013-10-15, § 1(Exh. A § 27-18.30), 10-14-2013)

Applicant-initiated meetings are required for all owner-initiated applications for amendments (see the applicant-initiated meeting provisions of section 27-306). If there is no residential zoned property within 500 feet of the property under consideration, the applicant is exempt from applicant-initiated meeting requirements.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-18.40), 10-14-2013; Ord. No. 2015-06-11, § 1, 6-8-2015)

Editor's note— Section 1 of Ord. No. 2015-06-11, adopted June 8, 2015, changed the title of § 27-329 from "Neighbor communications summary" to read as herein set out.

(a)

Owner-initiated applications for comprehensive plan land use map amendments and zoning map amendments must be filed with the community development director.

(b)

Owner-initiated applications for zoning map amendments may be proposed with or without conditions. Conditions may include:

(1)

Written conditions;

(2)

Site plans, architectural renderings, elevations, photographs, or other graphic representations of the proposed use/development; or

(3)

Any combination of written conditions and graphic representations.

(c)

Any site plan filed as a proposed condition must be prepared, signed and sealed by a state-licensed architect, landscape architect or engineer.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-18.50), 10-14-2013)

(a)

Published notice. At least 15 days before but not more than 45 days before the date of the public hearing to be held by the mayor and city council, notice of the public hearing must be published in a newspaper of general circulation in the city. This required notice must indicate the date, time, place and purpose of the public hearing. In the case of proposed amendments initiated by a party other than the city, the notice must also identify the location of the subject property and the property's existing and proposed zoning classification.

(b)

Written (mailed) notice. Written notice is required for all proposed amendments initiated by a party other than the city. The community development director is responsible for sending written notice via first class mail to all property owners within 500 feet of the boundaries of the subject property, as those property owners are listed on the tax records of the city. The notices must be mailed at least 15 days before the date of the planning commission public hearing and not more than 45 days before the date of the city council public hearing. Written notices must indicate the nature of the proposed amendment and the date, time, place and purpose of the public hearing.

(c)

Posted notice. For all proposed amendments initiated by a party other than the city, a public hearing notice sign must be placed in a conspicuous location on the subject property at least 15 days before the date of the public hearing to be held by the mayor and city council. This notice sign must indicate the date, time, place and purpose of the public hearing.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-18.60), 10-14-2013; Ord. No. 2024-07-05, § VIII, 7-22-2024)

Editor's note— Section 1 of Ord. No. 2015-06-11, adopted June 8, 2015, repealed former § 27-332 which pertained to community council meeting and recommendation, and derived from Ord. No. 2013-10-15, § 1(Exh. A § 27-18.70), adopted Oct. 14, 2013; and Ord. No. 2015-01-05, § 1, adopted Jan. 26, 2015.

The planning commission must hold a public hearing on all proposed amendments. Following the close of the hearing, the planning commission must act by simple majority vote to recommend that the proposed amendment be approved, approved with conditions or denied based on the applicable review and approval criteria of section 27-335. Per section 27-311 the planning commission may vote to defer action or continue a hearing in order to receive additional information or deliberate further. The planning commission's recommendation must be transmitted to the mayor and city council.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-18.80), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015)

Upon receipt of recommendations from the planning commission, the mayor and city council must hold a public hearing on proposed amendments. Following the close of the public hearing, the mayor and city council must act by simple majority vote to approve the proposed amendment, approve the proposed amendment with conditions or deny the proposed amendment based on the applicable review and approval criteria of section 27-335. The mayor and city council are also authorized to defer action on the proposed amendment or allow the applicant to withdraw the proposed amendment without prejudice.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-18.90), 10-14-2013; Ord. No. 2024-07-05, § IX, 7-22-2024)

(a)

Comprehensive plan land use map. The following review and approval criteria must be used in reviewing and taking action on all comprehensive plan land use map amendments:

(1)

Whether the proposed land use change will permit uses that are suitable in view of the use and development of adjacent and nearby property;

(2)

Whether the proposed land use change will adversely affect the existing use or usability of adjacent or nearby property;

(3)

Whether the proposed land use change will result in uses that will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities or schools;

(4)

Whether the amendment is consistent with the written policies in the comprehensive plan text;

(5)

Whether there are environmental impacts or consequences resulting from the proposed change;

(6)

Whether there are impacts on properties in an adjoining governmental jurisdiction in cases of proposed changes near city boundary lines;

(7)

Whether there are other existing or changing conditions affecting the use and development of the affected land areas that support either approval or denial of the proposed land use change; and

(8)

Whether there are impacts on historic buildings, sites, districts or archaeological resources resulting from the proposed change.

(b)

Zoning map amendments. The following review and approval criteria must be used in reviewing and taking action on all zoning map amendments:

(1)

Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan;

(2)

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby properties;

(3)

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

(4)

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property;

(5)

Whether there are other existing or changing conditions affecting the use and development of the property that provide supporting grounds for either approval or disapproval of the zoning proposal;

(6)

Whether the zoning proposal will adversely affect historic buildings, sites, districts, or archaeological resources; and

(7)

Whether the zoning proposal will result in a use that will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.

(c)

Zoning ordinance text amendments. The following review and approval criteria must be used in reviewing and taking action on all zoning ordinance text amendments:

(1)

Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan; and

(2)

Whether the proposed zoning ordinance text amendment corrects an error or inconsistency in the zoning ordinance, meets the challenge of a changing condition or is necessary to implement established policy.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-18.100), 10-14-2013)

An application for a comprehensive plan land use map amendment, zoning map amendment or a major amendment to one or more conditions attached to previously approved zoning map amendments affecting all or a portion of the same property may not be submitted more than once every 24 months measured from the date of final action by the mayor and city council. The mayor and city council are authorized to waive or reduce this 24-month time interval by resolution, except that the time interval between the date of action to deny or the date that the application is withdrawn with prejudice and the date of filing of any subsequent amendment affecting the same property may not be less than six months.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-18.110), 10-14-2013)

(a)

Major changes.

(1)

Without limiting the meaning of the phrase, modification of any of the following conditions, if attached to an approved amendment, constitute a "major change" for purposes of interpreting this section:

a.

The movement of any building or structure adjacent to an exterior boundary line, closer to the boundary line of the property to which it is adjacent;

b.

Any increase in the number of dwelling units or any increase in the total amount of floor space of any nonresidential building;

c.

Any decrease in the minimum size of residential units;

d.

Any reduction in any buffer requirement;

e.

Any increase in building or structure height; or

f.

Any change in the proportion of floor space devoted to different authorized uses.

(2)

Any request for major changes to conditions attached to approved amendments must be processed as a new amendment application in accordance with the procedures of this division, including the requirement for fees, notices and hearings.

(b)

Minor changes.

(1)

Modification of conditions attached to an approved amendment that are not classified as a major change pursuant to subsection (a)(1), constitute a "minor change" for purposes of interpreting this section.

(2)

The community development director is authorized to approve minor changes to conditions attached to approved amendments.

(3)

Any request for minor change of conditions must be made in writing to the community development director. If an approved site plan exists, the request for minor change must be accompanied by copies of the revised site plan.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-18.120), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015)

(a)

Applicability. The provisions of this section shall apply to any amendments, initiated by the city, that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of the city or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of the city to multifamily residential uses of property. This section shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.

(b)

Public hearings. Prior to the city council decision, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 p.m. and 8:00 p.m. The hearings required by this paragraph shall be in addition to the hearing required in section 27-334.

(c)

Public hearing notices.

(1)

Content of the public hearing notices. Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the local government and in the office of the clerk of the superior court of the county of the legal situs of the local government for the purpose of examination and inspection by the public. The local government shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

(2)

Published notice. At least 15 days before but not more than 45 days before the date of the public hearing, notice of the public hearing must be published in a newspaper of general circulation in the city. This required notice must indicate the date, time, place and purpose of the public hearing.

(3)

Written (mailed) notice. Written notice is required for all proposed amendments initiated by the city. The community development director is responsible for sending written notice via first class mail to all property owners within 500 feet of the boundaries of the subject property (or properties), as those property owners are listed on the tax records of the city. The notices must be mailed at least 15 days but not more than 45 days before the date of the public hearing. Written notices must indicate the nature of the proposed amendment and the date, time, place and purpose of the public hearing.

(4)

Posted notice. A public hearing notice sign must be placed in a conspicuous location on the subject property (or properties), provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area, at least 15 days before the date of the public hearing. This notice sign must indicate the date, time, place and purpose of the public hearing.

(d)

City council decision. The amendment decision shall be adopted at two regular meetings of the city council, during a period of not less than 21 days apart.

(Ord. No. 2023-06-02, § I, 6-12-2023)

The procedures of this division apply to all special land use permits (also known as "SLUPs") required under this zoning ordinance.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-19.10), 10-14-2013)

Applications for special land use permit approval may be filed by the owner of the subject property or the property owner's authorized agent.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-19.20), 10-14-2013)

Pre-application conferences with staff are required for all special land use permits (see the pre-application provisions of section 27-305).

(Ord. No. 2013-10-15, § 1(Exh. A § 27-19.30), 10-14-2013)

Applicant-initiated meetings are required for all special land use permits (see the applicant-initiated meeting provisions of section 27-306). If there is no residential zoned property within 500 feet of the property under consideration, the applicant is exempt from applicant-initiated meeting requirements.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-19.40), 10-14-2013; Ord. No. 2015-06-11, § 1, 6-8-2015)

Editor's note— Section 1 of Ord. No. 2015-06-11, adopted June 8, 2015, changed the title of § 27-354 from "Neighbor communications summary" to read as herein set out.

Special land use permit applications must be filed with the community development director.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-19.50), 10-14-2013)

(a)

Published notice. At least 30 days before the date of the public hearing to be held by the mayor and city council, notice of the public hearing must be published in a newspaper of general circulation in the city. This required notice must indicate the date, time, place and purpose of the public hearing; the location of the subject property; and the property's existing and proposed zoning and use.

(b)

Written (mailed) notice. The community development director is responsible for sending written notice via first class mail to all property owners within 500 feet of the boundaries of the subject property, as those property owners are listed on the tax records of the city. The notices must be mailed at least 30 days before the date of the city council public hearing. Written notices must indicate the nature of the proposed use or activity and the date, time, place and purpose of the public hearing.

(c)

Posted notice. A public hearing notice sign must be placed in a conspicuous location on the subject property at least 30 days before the date of the public hearing to be held by the mayor and city council. This notice sign must indicate the date, time, place and purpose of the public hearing.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-19.60), 10-14-2013; Ord. No. 2023-06-02, § II, 6-12-2023; Ord. No. 2024-07-05, § X, 7-22-2024)

The planning commission must hold a public hearing on the special land use permit application. Following the close of the hearing, the planning commission must act by simple majority vote to recommend that the special land use permit be approved, approved with conditions or denied based on the applicable review and approval criteria of section 27-359. Per section 27-311 the planning commission may vote to defer action or continue a hearing in order to receive additional information or deliberate further. The planning commission's recommendation must be transmitted to the city council.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-19.70), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015)

Upon receipt of recommendations from the planning commission, the mayor and city council must hold a public hearing on the special land use permit application. Following the close of the public hearing, the mayor and city council must act by simple majority vote to approve the special land use permit, approve the special land use permit with conditions or deny the special land use permit based on the applicable review and approval criteria of section 27-359. The mayor and city council are also authorized to defer action on the special land use permit or allow the applicant to withdraw the special land use permit without prejudice.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-19.80), 10-14-2013; Ord. No. 2024-07-05, § XI, 7-22-2024)

(a)

General. Except as otherwise stated in this ordinance, the following review and approval criteria must be used in reviewing and taking action on all special land use permit applications:

(1)

Whether the proposed use is consistent with the policies of the comprehensive plan;

(2)

Whether the proposed use complies with the requirements of this zoning ordinance;

(3)

Whether the proposed site provides adequate land area for the proposed use, including provision of all required open space, off-street parking and all other applicable requirements of the subject zoning district;

(4)

Whether the proposed use is compatible with adjacent properties and land uses, including consideration of:

a.

Whether the proposed use will create adverse impacts upon any adjoining land use by reason of noise, smoke, odor, dust or vibration generated by the proposed use;

b.

Whether the proposed use will create adverse impacts upon any adjoining land use by reason of the hours of operation of the proposed use;

c.

Whether the proposed use will create adverse impacts upon any adjoining land use by reason of the manner of operation of the proposed use;

d.

Whether the proposed use will create adverse impacts upon any adjoining land use by reason of the character of vehicles or the volume of traffic generated by the proposed use;

e.

Whether the size, scale and massing of proposed buildings are appropriate in relation to the size of the subject property and in relation to the size, scale and massing of adjacent and nearby lots and buildings; and

f.

Whether the proposed plan will adversely affect historic buildings, sites, districts, or archaeological resources.

(5)

Whether public services, public facilities and utilities—including motorized and nonmotorized transportation facilities—are adequate to serve the proposed use;

(6)

Whether adequate means of ingress and egress are proposed, with particular reference to nonmotorized and motorized traffic safety and convenience, traffic flow and control and emergency vehicle access;

(7)

Whether adequate provision has been made for refuse and service areas; and

(8)

Whether the proposed building as a result of its proposed height will create a negative shadow impact on any adjoining lot or building.

(b)

Major exceptions to perimeter center regulations. The general criteria of subsection (a) do not apply to special land use permit requests for major exceptions to Perimeter Center Overlay and Perimeter Center zoning district regulations. In reviewing and taking action on special land use permit requests for major exceptions to Perimeter Center Overlay and Perimeter Center zoning district regulations, review and decision-making bodies must consider the following three criteria:

(1)

Whether the major exception request, if granted, will result in development that is inconsistent with the stated intent of the regulations;

(2)

Whether the major exception request, if granted, will result in development that is in keeping with the overall character of the surrounding area; and

(3)

Whether any negative impacts resulting from the granting of the major exception will be mitigated to the maximum practical extent.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-19.90), 10-14-2013; Ord. No. 2017-04-07, § 4, 4-11-2017)

If a special land use permit application is denied, an application for a special land use permit affecting all or a portion of the same property may not be resubmitted for 24 months from the date of the denial. The mayor and city council are authorized to waive or reduce this 24-month time interval by resolution, except that the time interval between the date of action to deny the application or the date that the application is withdrawn with prejudice and the date of filing of a subsequent special land use permit application affecting the same property may not be less than six months.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-19.100), 10-14-2013)

(a)

Major changes.

(1)

Without limiting the meaning of the phrase, modification of any of the following conditions, if attached to an approved special land use permit, constitute a "major change" for purposes of interpreting this section:

a.

The movement of any building or structure adjacent to an exterior boundary line, closer to the boundary line of the property to which it is adjacent;

b.

Any increase in the number of dwelling units or any increase in the total amount of floor space of any nonresidential building;

c.

Any decrease in the minimum size of residential units;

d.

Any reduction in any buffer requirement;

e.

Any increase in building or structure height; or

f.

Any change in the proportion of floor space devoted to different authorized uses.

(2)

Any request for major changes to conditions attached to approved amendments must be processed as a new amendment application in accordance with the procedures of this division, including the requirement for fees, notices and hearings.

(b)

Minor changes.

(1)

Modification of conditions attached to an approved special land use permit that are not classified as a major change pursuant to subsection (a)(1), constitute a "minor change" for purposes of interpreting this section.

(2)

The community development director is authorized to approve minor changes to approved special land use permits.

(3)

Any request for minor change of conditions must be made in writing to the community development director. If an approved site plan exists, the request for minor change must be accompanied by copies of the revised site plan.

(c)

A request for changes in conditions of approval attached to an approved special land use permit must be processed as a new special land use permit application in accordance with the procedures of this division, including the requirements for fees, notices and hearings.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-19.120), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015)

Editor's note— Section 1 of Ord. No. 2015-01-05, adopted Jan. 26, 2015, repealed former § 27-361 which pertained to transfer of special land use permits, and derived from Ord. No. 2013-10-15, § 1(Exh. A § 27-19.110), adopted Oct. 14, 2013. Said ordinance subsequently amended and renumbered former § 27-362 as § 27-361.

The procedures of this division apply whenever design review is expressly required by this zoning ordinance.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-20.10), 10-14-2013)

Applications for design review may be filed by the owner of the subject property or the property owner's authorized agent.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-20.20), 10-14-2013)

Design review applications must be filed with the community development director.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-20.30), 10-14-2013)

The design review advisory committee meets as new business requires, As such, their meetings are special-called meetings. Public notice of meetings must be provided at least 24 hours in advance by posting notice within city hall and on the city's official website. Courtesy notice may also be provided by other means.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-20.40), 10-14-2013)

The design review advisory committee must consider proposed design review applications in a public meeting and within 14 days of receipt of a complete application act by simple majority vote to recommend that the application be approved, approved with conditions or denied based on the plan's compliance with all applicable regulations If no recommendation is received within 14 days, the community development director is authorized to proceed without a recommendation.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-20.50), 10-14-2013)

Except as expressly authorized under the special exception procedures of article V, division 6, or the administrative permit procedures of article V, division 7, all variances to strict compliance with the regulations of this zoning ordinance require review and approval by the zoning board of appeals in accordance with the variance procedures of this division.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-21.10), 10-14-2013)

The variance procedures of this zoning ordinance may not be used to:

(1)

Allow a structure or use not authorized in the subject zoning district or a residential density of development that is not authorized within the subject district;

(2)

Allow an increase in maximum building height;

(3)

Waive, vary, modify or otherwise override a site plan or condition of approval attached to an amendment, special land use permit or other development approval under this zoning ordinance;

(4)

Reduce, waive or modify in any manner the minimum lot area established for any use permitted by special land use permit or by special exception;

(5)

Permit the expansion or enlargement of any nonconforming use;

(6)

Permit the reestablishment of any nonconforming use that has been abandoned or lost its nonconforming rights; or

(7)

Vary the home occupation regulations.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-21.20), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015; Ord. No. 2017-04-07, § 4, 4-11-2017)

Applications for approval of variances may be filed by the owner of the subject property or the property owner's authorized agent.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-21.30), 10-14-2013)

Variance applications must be filed with the community development director.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-21.40), 10-14-2013)

(a)

Published notice. At least 30 days before the date of the public hearing to be held by the board of appeals, notice of the public hearing must be published in a newspaper of general circulation in the city. This required notice must indicate the date, time, place and purpose of the public hearing.

(b)

Written (mailed) notice. The community development director is responsible for sending written notice via first class mail to the subject property owner and all property owners within 500 feet of the boundaries of the subject property, as those property owners are listed on the tax records of the city. The notices must be mailed at least 30 days before the public hearing to be held by the board of appeals. Written notices must indicate the nature of the proposed use or activity and the date, time, place and purpose of the public hearing.

(c)

Posted notice. A public hearing notice sign must be placed in a conspicuous location on the subject property at least 30 days before the date of the public hearing to be held by board of appeals. This notice sign must indicate the date, time, place and purpose of the public hearing.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-21.50), 10-14-2013; Ord. No. 2023-06-02, § III, 6-12-2023)

(a)

The zoning board of appeals must hold a public hearing to consider each variance application.

(b)

Following the close of the hearing and consideration of all testimony, documentary evidence and matters of record, the zoning board of appeals must act by simple majority vote of board members present and voting to approve the variance, approve the variance with conditions or deny the requested variance. The zoning board of appeals is also authorized to defer action on the variance or allow the applicant to withdraw the variance without prejudice. The board's final decision must be made within a reasonable period of time but in no event more than 60 days from the date of the close of the hearing.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-21.60), 10-14-2013; Ord. No. 2023-06-02, § III, 6-12-2023)

(a)

The zoning board of appeals may authorize variances from the provisions of this zoning ordinance only after making all of the following findings:

(1)

The grant of the variance will not be detrimental to the public health, safety or welfare or injurious to property or improvements;

(2)

The variance request is based on conditions that (1) are unique to the subject property (2) are not generally applicable to other properties in the same zoning district and (3) were not created by the owner or applicant;

(3)

Because of the particular conditions, shape, size, orientation or topographic conditions, the strict application of the requirements of this zoning ordinance would deprive the property owner of rights and privileges enjoyed by other similarly situated property owners;

(4)

The requested variance does not go beyond the minimum necessary to afford relief, and does not constitute a grant of special privilege inconsistent with the limitations upon other similarly situated properties;

(5)

The literal interpretation and strict application of the applicable provisions or requirements of this zoning ordinance would cause undue hardship or practical difficulty, as distinguished from a mere inconvenience; and

(6)

The requested variance would be consistent with the spirit and purpose of this zoning ordinance and the comprehensive plan.

(b)

The zoning board of appeals may authorize variances from the provisions of the noise ordinance only after making all of the following findings:

(1)

Because of the existence of exceptional conditions that were not created by the owner or applicant, the strict application of the noise ordinance would deprive the property owner of rights and privileges enjoyed by other similarly situated property owners;

(2)

The requested variance does not go beyond the minimum necessary to afford relief, and the applicant has exhausted the best practical noise control measures, such as those promulgated by INCE, without being able to conform to the noise levels established in the noise ordinance;

(3)

The grant of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zoning district in which the subject property is located;

(4)

The literal interpretation and strict application of the applicable provisions or requirements of the noise ordinance would cause undue and unnecessary hardship; and

(5)

The requested variance would be consistent with the purposes of the noise ordinance and would not allow noise to exceed:

a.

Ten dB(A) above what is allowed by the noise ordinance during the hours of 7:00 a.m. to 10:00 p.m.; and

b.

Five dB(A) above what is allowed by the noise ordinance during the hours of 10:00 p.m. to 7:00 a.m.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-21.70), 10-14-2013)

If a variance application is denied, an application to vary the same zoning ordinance provision for the same portion of the subject property may not be resubmitted for 24 months from the date of the denial. The zoning board of appeals is authorized to waive or reduce this 24-month time interval, provided that the time interval between the date of action to deny the application or the date that the application is withdrawn with prejudice and the date of filing of a subsequent variance application affecting the same property may not be less than six months.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-21.80), 10-14-2013)

(a)

Any person aggrieved by a final variance decision of the zoning board of appeals, including any officer, department, board or agency affected by such decision, may seek review of such decision by petitioning the superior court for a review, setting forth the alleged errors. The petition must be filed within 30 days of the date that the zoning board of appeals renders its final decision.

(b)

When a petition for review is filed, the zoning board of appeals must be designated the respondent in the petition for review and the city the defendant in the petition for review. The secretary of the zoning board of appeals is authorized to approve or issue any form or certificate necessary to perfect the petition and to acknowledge service of a copy of the petition on behalf of the zoning board of appeals, as respondent. Service of the petition upon the city as defendant may be upon the city manager or as otherwise provided by law.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-21.90), 10-14-2013; Ord. No. 2023-06-02, § III, 6-12-2023)

Approved variances, and any attached conditions, run with the land and are not affected by changes in tenancy or ownership.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-21.100), 10-14-2013)

A request for changes in conditions of approval attached to an approved variance must be processed as a new variance application in accordance with the procedures of this division, including the requirements for fees, notices and hearings.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-21.110), 10-14-2013)

(a)

Applicability. This section applies to variances sought simultaneously with a zoning map amendment or with a special land use permit.

(b)

Authority. The city council may consider variances that would otherwise require approval under article V, division 6. The planning commission shall also hear and make recommendations on concurrent variances.

(c)

Public hearing notices. Public notification for concurrent variances shall follow the standards set in section 27-331 for concurrent variances sought simultaneously with a zoning map amendment or the standards set in section 27-356 for concurrent variances sought simultaneously with a special land use permit.

(d)

Public hearings and decision.

(1)

The planning commission shall make a recommendation to the city council on the requested variance in addition to its recommendation on the companion map amendment or special land use permit application. When reviewing a map amendment or special land use application in conjunction with a concurrent variance, the planning commission may move to table an item to the next regularly scheduled meeting up to three times. Should the planning commission fail to make a recommendation at the fourth meeting the item shall be forwarded to the council without a recommendation. All other considerations of section 2-88 apply unchanged.

(2)

The city council shall take action on the concurrent variance request by incorporating each concurrent variance into the motion for action on the companion map amendment or special land use permit application.

(e)

Review and approval criteria. In taking action on concurrent variance requests, the city council shall apply the variance review and approval criteria of section 27-397. The planning commission's review shall also be based on the variance review and approval criteria of section 27-397.

(f)

No duplicative review. A variance request to the zoning board of appeals may not be considered simultaneously with a concurrent variance request.

(Ord. No. 2021-09-14, § IX, 9-27-2021)

The zoning board of appeals is authorized to approve the following as special exceptions in accordance with the procedures of this division:

(1)

Any use or activity expressly authorized to be approved as a special exception pursuant to the provisions of this zoning ordinance;

(2)

Increase of maximum off-street parking by more than allowed as an administrative permit.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-22.10), 10-14-2013; Ord. No. 2019-07-14, § 1, 7-22-2019)

Applications for approval of special exceptions may be filed by the owner of the subject property or the property owner's authorized agent.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-22.20), 10-14-2013)

Special exception applications must be filed with the community development director.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-22.30), 10-14-2013)

(a)

Published notice. At least 30 days before the date of the public hearing to be held by the board of appeals, notice of the public hearing must be published in a newspaper of general circulation in the city. This required notice must indicate the date, time, place and purpose of the public hearing.

(b)

Written (mailed) notice. The community development director is responsible for sending written notice via first class mail to the subject property owner and all property owners within 500 feet of the boundaries of the subject property, as those property owners are listed on the tax records of the city. The notices must be mailed at least 30 days before the public hearing to be held by the board of appeals. Written notices must indicate the nature of the proposed use or activity and the date, time, place and purpose of the public hearing.

(c)

Posted notice. A public hearing notice sign must be placed in a conspicuous location on the subject property at least 30 days before the date of the public hearing to be held by board of appeals. This notice sign must indicate the date, time, place and purpose of the public hearing.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-22.40), 10-14-2013; Ord. No. 2023-06-02, § IV, 6-12-2023)

(a)

The zoning board of appeals must hold a public hearing to consider each special exception application.

(b)

Following the close of the hearing and consideration of all testimony, documentary evidence and matters of record, the zoning board of appeals must act by simple majority vote of board members present and voting to approve the special exception, approve the special exception with conditions or deny the requested special exception. The zoning board of appeals is also authorized to defer action on the special exception or allow the applicant to withdraw the variance without prejudice. The board's final decision must be made within a reasonable period of time but in no event more than 60 days from the date of the close of the hearing.

(c)

The zoning board of appeals decision to approve or deny must be based on the approval criteria of section 27-421.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-22.50), 10-14-2013; Ord. No. 2023-06-02, § IV, 6-12-2023)

(a)

Parking and loading increases. The zoning board or appeals may approve an increase to the maximum number of parking spaces or the maximum number of loading spaces in any district upon an expressed finding that:

(1)

The maximum motor vehicle parking ratios do not accurately reflect the actual parking demand that can reasonably be anticipated for the proposed use.

(b)

Other authorized special exceptions. Special exceptions for matters other than parking or loading space reductions may be approved by the zoning board of appeals only when the zoning board of appeals determines that any specific approval criteria associated with the authorized special exception and the following general approval criteria have been met:

(1)

The grant of the special exception will not be detrimental to the public health, safety or welfare of the public or injurious to the property or improvements;

(2)

The requested special exception does not go beyond the minimum necessary to afford relief, and does not constitute a grant of special privilege inconsistent with the limitations upon other similarly situated properties; and

(3)

The requested special exception is consistent with all relevant purpose and intent statements of this zoning ordinance.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-22.60), 10-14-2013; Ord. No. 2019-07-14, § 1, 7-22-2019)

(a)

Any person aggrieved by a final decision of the zoning board of appeals, including any officer, department, board or agency affected by such decision, may seek review of such decision by petitioning the superior court for a review, setting forth the alleged errors. The petition must be filed within 30 days of the date that the zoning board of appeals renders its final decision.

(b)

When a petition for review is filed, the zoning board of appeals must be designated the respondent in the petition for review and the city the defendant in the petition for review. The secretary of the zoning board of appeals is authorized to approve or issue any form or certificate necessary to perfect the petition and to acknowledge service of a copy of the petition on behalf of the zoning board of appeals, as respondent. Service of the petition upon the city as defendant may be upon the city manager or as otherwise provided by law.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-22.70), 10-14-2013; Ord. No. 2023-06-02, § IV, 6-12-2023)

Approved special exceptions, and any attached conditions, run with the land and are not affected by changes in tenancy or ownership.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-22.80), 10-14-2013)

A request for changes in conditions of approval attached to an approved special exception must be processed as a new special exception application in accordance with the procedures of this division, including the requirements for fees, notices and hearings.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-22.90), 10-14-2013)

(a)

Applicability. This section applies to special exceptions sought simultaneously with a zoning map amendment or with a special land use permit.

(b)

Authority. The city council may consider special exceptions that would otherwise require approval under article V, division 6. The planning commission shall also hear and make recommendations on concurrent special exceptions.

(c)

Public hearing notices. Public notification for concurrent special exceptions shall follow the standards set in section 27-331 for concurrent special exceptions sought simultaneously with a zoning map amendment or the standards set in section 27-356 for concurrent special exceptions sought simultaneously with a special land use permit.

(d)

Public hearings and decision.

(1)

The planning commission shall make a recommendation to the city council on the requested special exception in addition to its recommendation on the companion map amendment or special land use permit application. When reviewing a map amendment or special land use application in conjunction with a concurrent special exception, the planning commission may move to table an item to the next regularly scheduled meeting up to three times. Should the planning commission fail to make a recommendation at the fourth meeting the item shall be forwarded to the council without a recommendation. All other considerations of section 2-88 apply unchanged.

(2)

The city council shall take action on the concurrent special exception request by incorporating each concurrent special exception into the motion for action on the companion map amendment or special land use permit application.

(e)

Review and approval criteria. In taking action on concurrent special exception requests, the city council shall apply the special exception review and approval criteria of section 27-421. The planning commission's review shall also be based on the special exception review and approval criteria of section 27-421.

(f)

No duplicative review. A variance request to the zoning board of appeals may not be considered simultaneously with a concurrent special exception request.

(Ord. No. 2021-09-14, § IX, 9-27-2021)

The community development director is authorized to approve the following as special administrative permits in accordance with the procedures of this division:

(1)

Any use or activity expressly authorized to be approved by special administrative permit pursuant to the provisions of this zoning ordinance;

(2)

Increase in maximum off-street motor vehicle parking and loading ratios by up to one space or 20 percent, whichever is greater and reductions in minimum bicycle parking ratios by up to two spaces or ten percent, whichever is greater;

(3)

Minor exceptions to those Perimeter Center Overlay and Perimeter Center zoning district regulations expressly identified in section 27-98(a)(7)a. and section 27-104(a)(5)a.;

(4)

Reduction of any zoning district building setback requirements by up to ten percent;

(5)

Reduction of any rear building setback, greater than ten percent, but no more than ten feet, for building additions not exceeding one story or 18 feet in height;

(6)

Type B home occupations that are solely teaching-related and conducted entirely within the principal dwelling;

(7)

Relatives residences;

(8)

Antennas that project more than ten feet above the height of the structure to which they are a attached;

(9)

Reduction of minimum building spacing requirements for multiple buildings on a single lot by up to ten percent;

(10)

Increase in the maximum front door threshold height allowed by section 27-147;

(11)

Increase in the maximum retaining wall height, as allowed by section 27-269;

(12)

Reduction of the minimum retaining wall setback requirement, as allowed by section 27-269;

(13)

Reduction of the minimum wing wall side setback requirement, as allowed by section 27-270; and

(14)

Increase in maximum fence height on residential corner lots, as allowed by section 27-267.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-23.10), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015; Ord. No. 2017-04-07, § 4, 4-11-2017; Ord. No. 2018-03-05, § II, 3-26-2018; Ord. No. 2019-07-14, § 1, 7-22-2019)

Applications for approval of special administrative permits may be filed by the owner of the subject property or the property owner's authorized agent.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-23.20), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015)

Special administrative permit applications must be filed with the community development director.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-23.30), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015)

A sign must be placed in a conspicuous location on the subject property at least 30 days before the date of the community development director's decision on the special administrative permit request. This required notice must indicate the earliest date that a decision on the administrative permit will be made and indicate the nature of the request and a contact where additional information can be obtained. Decisions, once made, will be posted on the city's webpage.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-23.40), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015; Ord. No. 2021-09-14, § VII, 9-27-2021)

(a)

The community development director must review each application for a special administrative permit and act to approve the application, approve the application with conditions, deny the application, or refer the application to the zoning board of appeals for consideration as a special exception (if related to parking) or a variance.

(b)

The community development director may not take final action to approve or deny a special administrative permit application until at least 30 days after the date that posted notice was provided. All decisions must be made in writing within 60 days of the date that the application was filed, or if heard before the zoning board of appeals, as required in section 27-396.

(c)

The community development director's decision to approve or deny must be based on the approval criteria of section 27-441.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-23.50), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015)

(a)

Special administrative permits except for party house events may be approved by the community development director only when the community development director determines that any specific approval criteria associated with the authorized administrative permit and the following general approval criteria have been met:

(1)

The grant of the administrative permit will not be detrimental to the public health, safety or welfare of the public or injurious to the subject property, adjacent properties, or improvements;

(2)

The requested administrative permit does not go beyond the minimum necessary to afford relief; and

(3)

The requested administrative permit is consistent with all relevant purpose and intent statements of this zoning ordinance.

(b)

Upon receipt of a complete application for a special administrative permit for a party house event, the director of community development shall review it with the following issues being considered:

(1)

Event location. Should the event location be within any zoning districts where a party house is prohibited, or the event location be within 150 feet of a property of residential use purposes measured from property line to property line, the application shall be denied.

(2)

Sound amplification. Given the provided information about the schedule and time of the event, the director of community development will consider if the proposed use of sound amplification will comply with the noise ordinance.

(3)

Signage. Given the provided information about the temporary signs, the director of community development will consider if the proposed signs comply with the administrative guidelines for temporary signage and advertising. The issuance of a special administrative permit does not preclude the need to obtain temporary sign permits and does not guarantee approval of temporary sign permits.

(4)

Waste disposal and recycling collection. Given the provided information about projected event attendance, event activities, and event location, director of community development will consider if the plans for waste disposal and recycling collection are adequate.

(5)

Health, safety, and welfare. Given the provided information about the event, director of community development will consider if the event will endanger or has the reasonable possibility of endangering the public's health, safety, or welfare, especially in terms of glare, odor, lighting and traffic congestion.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-23.60), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015; Ord. No. 2019-05-08, § 3, 5-6-2019; Ord. No. 2022-01-02, § VII, 1-10-2022)

Decisions by the community development director made pursuant to this division may be appealed in accordance with procedures and conditions in chapter 27, article 8.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-23.70), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015; Ord. No. 2021-09-14, § VII, 9-27-2021)

A request for changes in conditions of approval attached to an approved special administrative permit must be processed as a new special administrative permit application in accordance with the procedures of this division.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-23.90), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015)

Editor's note— Section 1 of Ord. No. 2015-01-05, adopted Jan. 26, 2015, repealed former § 27-443, which pertained to transfer of administrative permit, and derived from Ord. No. 2013-10-15, § 1(Exh. A § 27-23.80), adopted Oct. 14, 2013. Said ordinance subsequently amended and renumbered former §§ 27-444 and 27-445 as §§ 27-443 and 27-444.

The community development director must maintain records of all special administrative permits that have been approved or denied and provide a summary of such actions to the city council and planning commission at least four times per calendar year.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-23.100), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015)

Editor's note— See editor's note to § 27-443.

A special administrative permit for a party house event is only valid during the hours of operation of the party event, as specified on the approved special administrative permit. No party house event shall exceed 48 hours. A special administrative permit for a party house event shall not be renewed or transferred. Failure to comply with these standards or otherwise meet the definition of a party house event after issuance of a special administrative permit may result in the revocation of the permit.

(Ord. No. 2022-01-02, § VIII, 1-10-2022)

The procedures of this division apply to appeals of administrative decisions.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-24.10), 10-14-2013)

Any person or entity (i.e., an owner, applicant, adjoining neighbor, or a neighbor whose property is within 1,500 feet of the nearest property line aggrieved by an administrative decision may appeal the decision.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-24.20), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015)

Decisions by the community development director made pursuant to this division may be appealed to the zoning board of appeals (ZBA) by filing a request with the community development director within 30 days of the community development director's decision. Appeal shall be in accordance with procedures and conditions of this division. If no appeal is made within the 30-day period, the decision of the community development director is final. If an appeal is made to the ZBA, the ZBA must set a hearing date for the appeal within 30 days of the appeal being requested and the decision of the ZBA is final. The 30-day appeal deadline may be waived by the ZBA if the appellant can show evidence that the appeal was filed within 30 days of their actual or constructive notice of the decision.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-24.30), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015)

The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the zoning board of appeals, after the appeal is filed, that, because of facts stated in the certification, a stay would cause imminent peril to life or property. In such a case, proceedings may be stayed only by a restraining order granted by the superior court on notice to the official whose decision is being appealed and on due cause shown.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-24.40), 10-14-2013)

Upon receipt of a complete application of appeal, the community development director or other administrative official whose decision is being appealed must transmit to the zoning board of appeals all papers constituting the record upon which the action appealed is taken.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-24.50), 10-14-2013)

(a)

Written (mailed) notice. Mailed notice of the zoning board of appeals hearing must be provided to the appellant and the owner of the subject property at least 30 days before the date of the zoning board of appeals hearing.

(b)

Published notice. At least 15 but not more than 45 days prior to the date of the public hearing to be held by the board of appeals, notice of the public hearing must be published in a newspaper of general circulation in the city. This required notice must indicate the date, time, place and purpose of the public hearing.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-24.60), 10-14-2013; Ord. No. 2023-06-02, § V, 6-12-2023)

(a)

The zoning board of appeals must hold a hearing to consider all appeals of administrative decisions.

(b)

Following the close of the hearing and consideration of all testimony, documentary evidence and matters of record, the zoning board of appeals must make a decision. The decision must be made within a reasonable period of time but in no event more than 60 days from the date of the close of the hearing. Final action on an appeal requires a simple majority vote of the board of appeals members present and voting.

(c)

In exercising its powers, the zoning board of appeal may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from. To that end the board of appeals has all the powers of the administrative official from whom the appeal was taken and may issue or direct the issuance of a permit provided all requirements imposed by all other applicable laws are met.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-24.70), 10-14-2013)

An appeal shall be sustained only upon a finding by the zoning board of appeals that the administrative official's action was based on an erroneous finding of a material fact or that the administrative official acted in an arbitrary manner.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-24.80), 10-14-2013)

(a)

Any person or entity authorized by section 27-457 may seek review of such decision by petitioning the superior court for a review, setting forth the alleged errors. The petition must be filed within 30 days of the date that the zoning board of appeals renders its final decision.

(b)

When a petition for review is filed, the zoning board of appeals must be designated the respondent in the petition for review and the city the defendant in the petition for review. The secretary of the zoning board of appeals is authorized to acknowledge service of a copy of the petition for review on behalf of the zoning board of appeals, as respondent. Service upon the city as defendant must be as provided by law.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-24.90), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015; Ord. No. 2023-06-02, § V, 6-12-2023)

Development permits are required in order to ensure compliance with all provisions of this zoning ordinance and all other city ordinances and regulations. Unless otherwise expressly exempted under this zoning ordinance, a development permit must be obtained for any proposed use of land or buildings before any building permit is issued or any improvement, grading or alteration of land or buildings commences.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-25.10), 10-14-2013)

All applications for development permits must be filed with the community development director.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-25.20), 10-14-2013)

No development permits or building permits may be issued until the community development director determines the application complies with all applicable requirements of this zoning ordinance, including any conditions of imposed by an authorized decision-making body as part of an approval (e.g., conditional zoning, special land use permit, variance).

(Ord. No. 2013-10-15, § 1(Exh. A § 27-25.30), 10-14-2013)

A development permit is valid for two years from its date of issuance, subject to the following provisions:

(1)

If the work authorized in any development permit has not begun within 180 days from the date of permit issuance, the permit expires and has no further effect.

(2)

If the work described in any development permit has not been substantially completed within two years of the date of permit issuance, the permit expires and has no further effect.

(3)

Written notice of the permit expiration must be given to the persons affected, together with notice that further work as described in the expired permit may not proceed until a new development permit has been obtained.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-25.40), 10-14-2013)

(a)

General. Site plan review and approval, in accordance with the procedures of this division, is required before a land development permit may be issued.

(b)

Exemptions.

(1)

Site plan review requirements do not apply to detached houses.

(2)

The community development director is authorized to waive or modify the site plan review requirements for proposed construction activities and changes of use that will result in no significant exterior changes or site modifications.

(Ord. No. 2017-04-07, § 4, 4-11-2017)

Applications and site plans may be filed by the owner of the subject property or the property owner's authorized agent.

(Ord. No. 2017-04-07, § 4, 4-11-2017)

Site plans must be filed with the community development director. The site plan must include at least the following information, unless waived by the community development director:

(1)

Site location map. Location of site within a half mile context of streets, rail lines, stations, and notable sites.

(2)

Site data table. Tabular summary comparing zoning requirements with proposed plans, including lot, building and site regulations and parking requirements,

(3)

Survey plat. Location and dimensions of property lines, easements, rights-of-way and a legal description of the site.

(4)

Boundaries. Development boundaries and proposed phasing (as applicable).

(5)

Existing conditions plan. Existing on-site and adjacent off-site structures, driveways, sidewalks, streets, utilities (underground and above ground), easements, and pavement noted either on an aerial photograph or site survey. Identify all structures proposed for demolition.

(6)

Construction staging plan. Plans for deliveries and storage of construction materials, location of employee parking and work areas, plans for site and adjacent right-of-way clean-up.

(7)

Existing natural resources plan. Existing topography, trees, vegetation, drainageways, floodplain/way, or other unique features including plans for removal or modifications of existing natural resource areas.

(8)

Grading plan and site plan. A preliminary grading plan and site plan delineating all proposed structures and surfaces, including parking, pavement, sidewalks, patios, landscape areas, retaining walls and any freestanding signs.

(9)

Building plans. Floor plans illustrating compliance with all applicable requirements of the Perimeter Center Overlay and Perimeter Center zoning district.

(10)

Use requirements. A table of uses is required on the building plan delineating locations and floor area of proposed uses, illustrating compliance with applicable use regulations.

(11)

Building elevations. Building elevations of all façades, rendered to illustrate compliance with the general building design criteria of the Perimeter Center Overlay (see section 27-98(d) and all applicable building type and design regulations of the underlying Perimeter Center zoning district (see section 27-105). Include information on colors and building materials.

(12)

Landscape plan. Plans illustrating compliance with all applicable landscaping, screening and transition regulations, including a tabular summary identifying all plant materials, sizes and graphic symbols used on the landscape plan.

(13)

Parking plan. Parking layout plan, including driveway and drive aisle location and design.

(14)

Other information. Any other information deemed necessary by the community development director to allow for competent review of the site plan or to demonstrate compliance with applicable regulations, expressly including Perimeter Center Overlay and Perimeter Center zoning district regulations.

(Ord. No. 2017-04-07, § 4, 4-11-2017)

(a)

The community development director must review each site plan and act to approve the site plan, approve the site plan with conditions, or deny site plan approval.

(b)

The community development director's decision must be based on the approval criteria of section 27-485.

(c)

Decisions to deny site plan approval must be accompanied by a written explanation of the reasons for denial.

(Ord. No. 2017-04-07, § 4, 4-11-2017)

Special administrative permits may be approved by the community development director, after consulting with other city departments and affected agencies, only when the community development director determines that the proposed plan complies with all applicable regulations.

(Ord. No. 2017-04-07, § 4, 4-11-2017)

Final decisions of the community development director may be appealed by any person aggrieved by the decision in accordance with the appeal procedures of article V, division 8.

(Ord. No. 2017-04-07, § 4, 4-11-2017)

Approved site plans, and any attached conditions, run with the land and are not affected by changes in tenancy or ownership.

(Ord. No. 2017-04-07, § 4, 4-11-2017)

A request for changes in conditions of approval attached to an approved site plan must be processed as a new site plan application in accordance with the procedures of this division.

(Ord. No. 2017-04-07, § 4, 4-11-2017)

An approved site plan lapses and has no further validity or effect 12 months after the date of its approval unless a land development permit is issued for construction pursuant to the approved site plan. The community development director is authorized to grant up to two successive 12-month extensions if the community development director determines that there have been no changes to the zoning ordinance or land development regulations that would significantly affect the approved site plan. Site plan extension requests must be filed before the site plan lapses.

(Ord. No. 2017-04-07, § 4, 4-11-2017)