(a)

Preapplication conference. An applicant for development approval may request a preapplication conference with the city administrator. Prior to the conference, the applicant shall provide a description of the character, location and magnitude of the proposed development. The purpose of this meeting is to acquaint the participants with the requirements of this chapter and the views and concerns of the city.

(b)

Application forms. Every application for development approval shall be in a form specified by the city administrator.

(c)

Standard application submission cycle. Applications that will be reviewed by the planning and zoning commission or the zoning board of adjustment must be filed at least 21 days in advance of the scheduled public hearing, in order to allow adequate time for staff review and preparation of a staff report and publication of notice.

(d)

Application fees.

(1)

No application shall be processed until the established fee has been paid. This non-refundable fee shall be established from time to time by resolution of the city council to defray the actual cost of processing the application and providing public notice.

(2)

No application fee shall be required when a text or map amendment is being proposed by the city administrator, city council or planning and zoning commission.

(e)

Completeness of application. No application shall be processed until it has been deemed complete by the city administrator. The city administrator shall have five working days following the submission of the application to determine its completeness. If the application is deemed incomplete, the city administrator shall forward a letter to the applicant specifying the application's deficiencies, and no further review of the application shall proceed until the deficiencies are corrected. If the deficiencies are not corrected by the application deadline date, the application shall not be scheduled for public hearing.

(f)

Procedures requiring public notice.

(g)

Published notice of public hearing before city council. Whenever the provisions of this chapter require a public hearing before the city council, notice shall be published in a newspaper of general circulation in the city at least 15 days before the public hearing.

(h)

Mailed notice of public hearing.

(1)

General.

a.

Notice of required public hearings shall also be sent by mail to owners of real property within at least 200 feet of the lot lines of the land that is the subject of the application. Owners of real property shall be identified by reference to the most recent tax records. Notice shall be deemed mailed by virtue of its deposit with the United States Postal Service, properly addressed with postage prepaid. If the property within 200 feet of the property on which the change is proposed is located in territory annexed to the city and is not included on the most recently approved municipal tax roll, the notice shall be given in the manner provided by subsection (g) of this section.

b.

Before the tenth day before the hearing date, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification affecting residential or multifamily zoning shall be sent to each school district in which the property for which the change in classification is proposed is located. The notice may be served by its deposit in the city, properly addressed with postage paid, in the United States Mail.

(2)

Planning and zoning commission and zoning board of adjustment. Mailed notice shall be deposited in the U.S. mail before the tenth day before the planning and zoning commission or zoning board of adjustment public hearing.

(i)

Content of published and mailed notice. Published and mailed notices shall provide at least the following information:

(1)

The general location of the land that is the subject of the application;

(2)

A summary of the subject property's legal description or a street address or other locative information;

(3)

The substance of the application;

(4)

The time, date and location of the public hearing;

(5)

A contact person in the city and his telephone number; and

(6)

A statement that interested parties may appear at the public hearing and be heard with respect to the application.

(j)

Continuation of public hearings. A public hearing for which proper notice was given may be continued to a later date without complying with the notice provisions above, provided that the continuance is set for a date and time certain announced at the public hearing.

(k)

Postponement of public hearing/withdrawal of application.

(1)

Once a public hearing has been scheduled in accordance with this section, the applicant may request postponement or withdrawal of the application by notifying the city administrator in writing. If the city administrator does not receive such notification, the case will be heard as scheduled. The appropriate municipal board, commission or council is then authorized to take action on the case, after the scheduled hearing.

(2)

After public hearing on any matter within the scope of this chapter, the appropriate municipal board, commission or council hearing such matter may defer action on it, for a period of time necessary to gather additional information.

(3)

If an applicant withdraws an application for any of the following matters, such application shall not be heard within one year thereafter, except as specifically directed by majority vote of the city council:

a.

Amendment to the official zoning map;

b.

Conditional use approval; and

c.

Special use approval.

(l)

Rehearing. The planning and zoning commission will not hear a request for amendment to the official zoning map, conditional use approval or special use approval on the same tract of land within one year following the final decision on any previous such request unless:

(1)

The planning and zoning commission is specifically directed by majority vote of the city council to hear the subsequent request;

(2)

The subsequent request is for more restrictive zoning; or

(3)

The zoning classification of other nearby properties in the immediate vicinity has changed.

(Ord. No. 12-12-2013-1, § 201, 12-12-2013)

(a)

Administrative adjustments. Administrative adjustments are specified deviations from otherwise applicable development standards where development is proposed that would be:

(1)

Compatible with surrounding land uses;

(2)

In keeping with the public interest; and

(3)

Consistent with the purposes of this chapter.

(b)

Administrative adjustments allowed. The city administrator shall have the authority to grant only the following administrative adjustments:

(1)

Allow an increase in the floor area of a residential accessory building above 50 percent of the total square footage of the principal structure, as long as the maximum floor area ratio for the district is not exceeded.

(2)

Allow a delay in the provision of paved surface for off-street parking spaces required under the terms of this chapter, for a period of time up to 90 days, provided that only one such delay shall be allowed.

(3)

Authorize the construction of a carport in the minimum front or side yard required for one-family or two-family homes, subject to the findings, criteria and general considerations set forth in section 38-234.

(4)

Authorize a variance of up to ten percent from the numerical standard set forth in article IV or V of this chapter. Example: Minimum front yard requirement of 25 feet may be varied by up to ten percent to a minimum of 22.5 feet.

(5)

Allow an all-weather surface to be substituted for the requirement to pave the minimum off-street parking spaces required for single-family residences, where the city administrator makes a finding that the character of the surrounding area is principally recreational or rustic in nature, with relatively narrow roadways not bordered by curbs and generally uncharacteristic of urban streets.

(c)

Submission of application. A complete application for an administrative adjustment shall be submitted to the city administrator, along with the appropriate application fee.

(d)

Action by city administrator. After determining that the application is complete, the city administrator shall review the application and approve, approve with conditions or deny the application based upon the criteria in subsection (e) of this section. A written decision including affirmative findings on the criteria set forth in subsection (e) of this section shall be mailed to the applicant.

(e)

Administrative adjustment criteria. To approve an application for an administrative adjustment, the city administrator shall make an affirmative finding that the following criteria are met:

(1)

That granting the administrative adjustment will ensure the same general level of land use compatibility as the otherwise applicable standards.

(2)

That granting the administrative adjustment will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks and other environmental considerations.

(3)

That granting the administrative adjustment will not adversely affect value of nearby property in any material way.

(4)

That granting the administrative adjustment will be generally consistent with the purposes and intent of this chapter.

(f)

Appeals. Appeal of an administrative adjustment to the zoning board of adjustment shall be made within 15 days of the mailing of the city administrator's decision in accordance with section 38-52.

(Ord. No. 12-12-2013-1, § 202, 12-12-2013)

(a)

Authority. The city administrator shall have authority to make all written interpretations concerning the provisions of this chapter and the official zoning map.

(b)

Request for interpretation. A request for interpretation shall be submitted to the city administrator in a form established by the city administrator and made available to the public.

(c)

Interpretation by city administrator. Within ten working days after a request for interpretation has been submitted, the city administrator shall:

(1)

Review and evaluate the request in light of the text of this chapter, the official zoning map and any other relevant information;

(2)

Consult with other staff, as necessary; and

(3)

Render an opinion.

The interpretation shall be provided to the applicant in writing by mail.

(d)

Official record. The city administrator shall maintain an official record of interpretations. The record of interpretations shall be available for public inspection during normal business hours.

(e)

Appeal.

(1)

Appeals of written interpretations made by the city administrator shall be taken to the zoning board of adjustment within 15 days of mailing of the interpretation, in accordance with the procedures in section 38-52.

(2)

In considering such an appeal, the zoning board of adjustment shall review the interpretation and public testimony in light of this chapter, the official zoning map and any other land use policies adopted by the planning and zoning commission or city council, whichever are applicable.

(3)

The zoning board of adjustment shall affirm, modify or reverse the decision of the city administrator in interpreting the provisions of this chapter and the official zoning map. The zoning board of adjustment shall modify or reject the interpretation only if it is not supported by substantial competent evidence or if the interpretation is deemed contrary to the intent and purpose of this chapter or the official zoning map.

(Ord. No. 12-12-2013-1, § 203, 12-12-2013)

(a)

Purpose. Variances are deviations from the applicable standards for the zoning district where an existing or proposed development is located that would not be contrary to the public interest and, due to special conditions of the site or its surroundings, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. Variances ensure that the spirit of this chapter is observed and substantial justice done. A variance shall not be granted to allow a use that is not allowed in the specific district in question by the use regulations in article III of this chapter.

(b)

Submission of application. A complete application for a variance shall be submitted to the city administrator on a form prescribed by the city administrator, along with the appropriate application fee.

(c)

Hearing and action by zoning board of adjustment. After due notice, the zoning board of adjustment shall hold a public hearing on an application for a variance. At the public hearing, the zoning board of adjustment shall consider the application, the relevant support materials and the public testimony given at the public hearing in light of the criteria in subsection (f) of this section. After the close of the public hearing, the zoning board of adjustment shall vote to approve, approve with conditions or deny the application for a variance, pursuant to the criteria in subsection (f) of this section.

(d)

Allowed variances. In exercising its authority to grant a variance, the zoning board of adjustment shall affirmatively find that one or more of the following circumstances applies. In each instance, the zoning board of adjustment shall further state in its minute record the specific nature of those circumstances which justify the variance.

(1)

Special circumstances resulting in unnecessary hardship. A variance may be granted where special circumstances exist on the property related to the size, shape, area, topography, surrounding conditions or location that do not generally apply to other property in the same zoning district, and where the circumstances are such that strict application of this chapter would create an unnecessary hardship or deprive the applicant of reasonable use of the land or building.

(2)

Overriding public interest. A variance may be granted if it will further an overriding public interest or concern, including, but not limited to:

a.

Preserving the natural environment;

b.

Promoting maintenance or reuse of older urban or historic buildings;

c.

Helping to eliminate a nonconforming use at another location;

d.

Compliance with state or federal mandates.

(3)

Equity. A variance may be granted to permit modifications of height or setback regulations as may be needed to secure equity in the development of a parcel of land where it has been demonstrated that, due to the existence of legally nonconforming structures, a substantial proportion of the other properties in the same area and zoning district are legally enjoying the conditions that the applicant is requesting.

(4)

Literal enforcement. A variance may be granted if it is found that the literal enforcement and strict application of this chapter will result in extraordinary circumstances inconsistent with the general provisions and intent of this chapter, and that, in granting the variance, the spirit of the chapter will be preserved and substantial justice done.

(e)

Variances not allowed. In exercising its authority, the zoning board of adjustment shall not grant a variance that would create any of the following effects:

(1)

The effect of the variance on the specific property would adversely affect the land use pattern as outlined by any city land use plan or policy.

(2)

The variance would be a material detriment to the public welfare or create injury to the use, enjoyment or value of property in the vicinity.

(3)

The variance is not the minimum variance that will relieve the proven hardship.

(4)

The variance would allow a use not allowed in the use table for the district in which the parcel is located.

(5)

The variance will relieve the applicant of conditions or circumstances that are caused by the illegal subdivision of land, which subdivision of land caused the property to be unusable for any reasonable development under the existing regulations.

(6)

The variance will relieve the applicant of conditions or circumstances that are self-imposed.

(7)

The variance is grounded solely upon the opportunity to make the property more profitable or to reduce expense to the owner.

(8)

The variance will modify any condition imposed by the planning and zoning commission or city council as part of a conditional use, special use, planned development district or planned industrial park.

(9)

The variance would not only affect a specific parcel, but would be of such general nature as to constitute, in effect, a change in zoning of the parcel or a larger area, or would merit an amendment to this chapter.

(f)

Variance criteria. To approve an application for a variance, the zoning board of adjustment shall make an affirmative finding that each and every one of the following criteria is met:

(1)

Special circumstances exist that are peculiar to the land or structure that are not applicable to other land or structures in the same zoning district and are not merely financial.

(2)

These special circumstances are not the result of the actions of the applicant.

(3)

Literal interpretation and enforcement of the terms and provisions of this chapter would deprive the applicant of rights commonly enjoyed by other land in the same zoning district, and would cause an unnecessary and undue hardship.

(4)

Granting the variance is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest, and would carry out the spirit of this chapter and substantial justice.

(5)

Granting the variance will not adversely affect adjacent land in a material way.

(6)

Granting the variance will be generally consistent with the purposes and intent of this chapter.

(7)

In the case of community homes, granting a variance as to the number of persons who may live in a community home constitutes a reasonable accommodation as required by the Americans with Disabilities Act.

(g)

Conditions. The zoning board of adjustment may impose such conditions on a variance as are necessary to accomplish the purposes of this chapter, to prevent or minimize adverse impacts upon the public and neighborhoods, and to ensure compatibility of the site with its surroundings. These conditions may include, but are not limited to, limitations on size, bulk and location; standards for landscaping, buffering and screening, lighting and adequate ingress and egress; cash deposits, bonds and other guarantees of performance; other on-site improvements; and limitations on the duration or hours of operation of an allowed use.

(h)

Effect of variance.

(1)

Issuance of a variance shall authorize only the particular variation which is approved in the variance. A variance shall run with the land.

(2)

Unless otherwise specified in the variance, an application to commence construction of the improvements that were the subject of the variance request must be applied for and approved within 12 months of the date of the approval of the variance; otherwise, the variance shall automatically become null and void. Permitted time frames do not change with successive owners. Upon written request, only one extension of the 12-month period may be granted by the city administrator if it is determined that conditions of the site and immediately surrounding area are substantially unchanged.

(Ord. No. 12-12-2013-1, § 204, 12-12-2013)

(a)

Who may file. An application for conditional use approval shall be submitted by the owner or agent authorized by affidavit to act on the owner's behalf, unless initiated by city officials ordinarily authorized to initiate amendments to the zoning map.

(b)

Submission of application. A complete application shall be submitted to the city administrator, along with the appropriate fee. The city administrator may require an application for conditional use approval to be accompanied by a site plan of existing and proposed development of the affected site.

(c)

Applicable development standards. Unless otherwise specified in this chapter, no conditional use approval shall be granted for any use that does not conform to standards of the district in which it is located. Each conditional use shall also be subject to any specific use requirements set forth in articles III through V of this chapter.

(d)

Review by city administrator. After determining that the application is complete, the city administrator shall place the request on a meeting agenda for consideration by the planning and zoning commission.

(e)

Hearing and action by planning and zoning commission.

(1)

The planning and zoning commission shall, after appropriate notice, conduct a public hearing on each request for approval of a conditional use.

(2)

At the public hearing, the planning and zoning commission shall consider the application, any pertinent comments by the city staff, and relevant support materials and public testimony given at the public hearing.

(3)

After the close of the public hearing, the planning and zoning commission shall approve the request, approve the request with additional conditions, or deny the request. The planning commission may attach such conditions to a conditional use approval as are necessary to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to, limitations on size, bulk and location, provision of adequate ingress and egress, duration of conditional use approval, and hours of operation for the specific allowed activity.

(f)

Conditional use approval criteria. Approval of a conditional use by the planning and zoning commission shall be based upon the following criteria:

(1)

Impacts minimized. Whether and the extent to which the proposed conditional use creates adverse effects, including adverse visual impacts, on adjacent properties.

(2)

Consistent with chapter. Whether and the extent to which the proposed conditional use would conflict with any portion of this chapter, including the applicable zoning district intent statement.

(3)

Compatible with surrounding area. Whether and the extent to which the proposed conditional use is compatible with existing and anticipated uses surrounding the subject land.

(4)

Effect on natural environment. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment, including, but not limited to, adverse impacts on water and air quality, noise, stormwater management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.

(5)

Community need. Whether and the extent to which the proposed conditional use addresses a demonstrated community need.

(6)

Development patterns. Whether and the extent to which the proposed conditional use would result in a logical and orderly pattern of urban development in the community.

(g)

Expiration of conditional use approval.

(1)

All conditional use approvals issued shall be subject to the requirement that the property for which the approval was issued must actually acquire a building permit for the approved use within 12 months from the granting of the conditional use approval, provided that the city administrator, with significant evidence that the designated use cannot be realistically implemented with due diligence within that time period, may grant a longer period of time, but in no event shall such extension period exceed an additional 12 months.

(2)

If the designated use is not made of the property within the time limitation granted, the conditional use approval shall be canceled and revoked and be of no effect.

(h)

Appeal.

(1)

Appeal of the planning and zoning commission's decision on conditional use approval shall be made within ten days of the final action by the planning commission to the city council. The appeal shall be in writing, submitted to the city administrator and processed in accordance with section 38-52.

(2)

In considering such an appeal, the city council shall review the decision in light of this chapter, the official zoning map, and any other land use policies adopted by the planning and zoning commission or city council, whichever are applicable. The city council shall modify or reject the decision of the planning commission only if it is not supported by substantial competent evidence or if the planning commission's decision is contrary to this chapter or the official zoning map.

(Ord. No. 12-12-2013-1, § 205, 12-12-2013)

(a)

Purpose. Special use review allows for review of specified larger-scale uses that may be appropriate in designated areas, provided that consideration is given to conditions that will minimize any negative impacts of the use.

(b)

Who may file. An application for special use approval shall be submitted by the owner or an agent authorized by affidavit to act on the owner's behalf, unless initiated by city officials ordinarily authorized to initiate amendments to the zoning map.

(c)

Submission of application. A complete application shall be submitted to the city administrator, along with the appropriate fee. The city administrator may require an application for special use approval to be accompanied by a site plan of existing and proposed development of the affected site. A written statement describing how the proposed development meets any specific use requirements set forth in articles III through V of this chapter shall accompany the site plan.

(d)

Applicable development standards. Unless otherwise specified in this chapter, no special use approval shall be granted for any use that does not conform to the dimensional standards of the district in which it is located. Each special use shall also be subject to any specific use requirements set forth in articles III through V of this chapter.

(e)

Review by city administrator. After determining that the application is complete, the city administrator shall place the request on a meeting agenda for consideration by the planning and zoning commission.

(f)

Hearing and recommendation by planning and zoning commission.

(1)

The planning and zoning commission shall, after appropriate notice, conduct a public hearing on each request for approval of a special use.

(2)

At the public hearing, the planning and zoning commission shall consider the application, any pertinent comments by city staff, other relevant support materials and public testimony given at the public hearing.

(3)

After the close of the public hearing, the planning and zoning commission shall recommend that the city council approve the request, approve the request with additional conditions, or deny the request. The planning commission may propose such conditions as are necessary to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to, limitations on size, bulk and location, provision of adequate ingress and egress, duration of special use approval, and hours of operation for the special use so allowed.

(4)

A recommendation by the planning and zoning commission to deny a request for special use shall be the final decision on that matter, if not appealed in writing to the city council with ten days.

(g)

Hearing and action by city council.

(1)

The city council shall, after appropriate notice and a recommendation from the planning and zoning commission, conduct a public hearing on each request for approval of a special use, except for such requests which are recommended by the planning commission to be denied and are not formally appealed to the city council.

(2)

At the public hearing, the city council shall consider the application, any pertinent comments by city staff, the planning and zoning commission recommendation, other relevant support materials and public testimony given at the public hearing.

(3)

After the close of the public hearing, the city council shall approve the request, approve the request with additional conditions, or deny the request. The council may attach such conditions to a special use approval as are necessary to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to, limitations on size, bulk and location, provision of adequate ingress and egress, duration of special use approval, and hours of operation of the special use.

(4)

Where written protest against a proposed special use is made and signed by the owners of 20 percent or more of the area subject to the special use or the owners of 20 percent or more of the land area within 200 feet of the affected area, then the proposed special use shall require a favorable vote of at least three-fourths of all the members of the city council to become effective. The area of rights-of-way and streets shall be included in any computation of land area under this subsection.

(h)

Special use approval criteria. Approval of a special use by the planning and zoning commission and city council shall be based upon the following criteria:

(1)

Impacts minimized. Whether and the extent to which the site plan minimizes adverse effects, including adverse visual impacts, on adjacent properties.

(2)

Consistent with chapter. Whether and the extent to which the proposed special use would conflict with any portion of this chapter, including the applicable zoning district intent statement.

(3)

Compatible with surrounding area. Whether and the extent to which the proposed special use is compatible with existing and anticipated uses surrounding the subject land.

(4)

Traffic circulation. Whether and the extent to which the proposed special use is likely to result in extraordinarily prolonged or recurrent congestion of surrounding streets, especially minor residential streets.

(5)

Effect on natural environment. Whether and the extent to which the proposed special use would result in significant adverse impacts on the natural environment, including, but not limited to, water or air quality, noise, stormwater management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.

(6)

Community need. Whether and the extent to which the proposed special use addresses a demonstrated community need.

(7)

Development patterns. Whether and the extent to which the proposed special use would result in a logical and orderly pattern of urban development in the community.

(i)

Expiration of special use approval.

(1)

All special use approvals issued shall be subject to the requirement that the property for which the approval was issued must actually acquire a building permit for the approved use within 12 months from the granting of the special use approval, provided that the city administrator, with significant evidence that the designated use cannot be realistically implemented with due diligence within that time period, may grant a longer period of time, but in no event shall such extension period exceed an additional 12 months.

(2)

If the designated use is not made of the property within the time limitation granted, the special use approval shall be canceled and revoked and be of no effect.

(Ord. No. 12-12-2013-1, § 206, 12-12-2013)

(a)

Who may file. An application for rezoning to a planned development (PD) district may be submitted by an owner or an agent authorized by affidavit to act on the owner's behalf, unless initiated by city officials ordinarily authorized to initiate amendments to the zoning map. No application shall be accepted for a property less than one acre in land area.

(b)

Preapplication conference.

(1)

A prospective applicant for a PD district is encouraged to request a preapplication conference with the city administrator prior to submission of a formal application.

(2)

At the preapplication conference, the applicant shall present a draft concept plan in order for the staff to better assist the developer and ensure timely processing of the application.

(3)

Based on the information provided by the applicant, the city administrator or a designee shall provide preliminary comments concerning the proposed development and shall inform the applicant of any additional requirements for preparation of a formal application for rezoning to the PD district.

(c)

Submission of application.

(1)

A complete application for review of a PD district shall be submitted to the city administrator on a form prescribed by the city administrator, along with the appropriate fee.

(2)

The applicant shall submit a concept plan and a rezoning application, as well as any proposed covenants and restrictions governing the operation of any proposed common open space or facilities. The concept plan shall include at least a graphic element that illustrates those details of the proposed planned development that are appropriate for the application. The concept plan may also be accompanied by written text describing appropriate details of the proposed planned development.

(3)

The applicant may also submit an initial site plan of actual building construction and other such improvements planned on the subject property.

(4)

A subdivision plat meeting the submittal requirements of the city's subdivision chapter may also be submitted. An applicant for a single-family detached residential development may submit a final subdivision plat in lieu of a site plan for the first phase or phases of the project for approval in conjunction with adoption of the PD district.

(d)

Review and report by city administrator. After determining that the application is complete, the city administrator shall prepare a staff report, which may include a recommendation for approval or denial. A copy of the staff report on a proposed planned development shall be mailed to the applicant at least five working days prior to the public hearing on the application.

(e)

Hearing and recommendation by planning and zoning commission.

(1)

The planning and zoning commission shall, after appropriate notice, conduct a public hearing on each request for rezoning to the PD district.

(2)

At the public hearing, the planning and zoning commission shall consider the application, the comments and recommendations of city staff, other relevant support materials and public testimony given at the public hearing.

(3)

After the close of the public hearing, the planning and zoning commission shall prepare and deliver a report and recommendation to the city council to approve or deny the proposed PD district. The planning commission may recommend conditions necessary to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to, limitations on size, bulk and location, provision of adequate ingress and egress, and hours of operation. A recommendation by the planning commission to deny a request for a proposed PD district shall be the final decision on the matter, if not appealed in writing to the city council within ten days.

(4)

The commission may simultaneously make its required findings on any final plat submitted by the applicant, in accordance with the standards set forth in chapter 30, pertaining to subdivisions.

(f)

Hearing and action by city council.

(1)

After receipt of the final report from the planning and zoning commission, and after appropriate notice, a public hearing shall be held by the city council before adopting any proposed PD district, except for such requests which are recommended by the planning commission to be denied and are not formally appealed to the city council.

(2)

At the public hearing, the city council shall consider the application, the comments and recommendations of city staff, the planning and zoning commission recommendation, other relevant support materials and public testimony given at the public hearing.

(3)

After the close of the public hearing, the city council shall approve, approve with conditions, or deny the application. The council may require such conditions relating to the height, floor area, density, setback, landscaping, off-street/on-site parking and all other applicable standards as are necessary to ensure the health, safety and general welfare of the community.

(4)

The city council, upon consideration of the findings by the planning and zoning commission regarding plat approval, and if city council approval is necessary, may approve a subdivision plat submitted by the applicant, which meets the standards set forth in chapter 30, pertaining to subdivisions, concurrently with approval of the specific PD district ordinance.

(5)

If the applicant has included an initial site plan of actual building construction and/or other such improvements planned on the subject property, the council shall take action on such request, if city council approval is necessary as provided in this section.

(6)

Where written protest against a proposed PD district is made and signed by the owners of 20 percent or more of the area subject to the PD district ordinance or the owners of 20 percent or more of the land area within 200 feet of the affected area, then the proposed PD district shall require a favorable vote of at least three-fourths of all the members of the city council to become effective. The area of rights-of-way and streets shall be included in any computation of land area under this subsection.

(g)

Amendments to PD district ordinance. Any amendments to the terms and conditions of an approved PD district ordinance shall be subject to review and reconsideration, in accordance with procedures set forth in subsections (f)(1) through (6) of this section.

(h)

Site plan required.

(1)

No building permit may be issued and no construction or development requiring a building permit and situated within a PD district may commence unless a site plan has been approved for that phase of the project that is consistent with the approved concept plan. A site plan that is not consistent with the approved concept plan and specific PD district ordinance shall not be approved.

(2)

Upon approval of a PD district, the applicant may submit a site plan to the city administrator for each phase of the development in accordance with the phasing schedule of the concept plan.

(i)

Approval of minor site plans by city administrator. The city administrator or his designee may approve a site plan for development within a planned development district under the following conditions:

(1)

The site plan is for the development of a use or uses allowed by the approved PD district ordinance specific to the subject site, and is not for the purpose of designating the allowable land uses on a particular tract, and meets the intent of the approved concept plan;

(2)

The site plan represents a minor change from the approved site plan; or

(3)

The purpose of the site plan is to allow the expansion of an existing building, if the proposed expansion is consistent with the overall PD district conditions for that existing building, and if the proposed expansion meets all the requirements of the applicable PD district ordinance; and

(4)

The site plan meets all requirements of other applicable city ordinances.

(j)

Approval of major site plans by planning and zoning commission.

(1)

The site plan for the first phase of a planned development may be considered and approved by the city council simultaneously with approval of the PD district ordinance incorporating the concept plan.

(2)

For site plans which cannot be approved administratively by the city administrator as described in subsection (i) of this section, the city administrator shall forward the site plan to the planning and zoning commission, which shall review the site plan and either approve, approve with conditions, or deny the site plan based on the criteria set forth in subsection (k) of this section.

(3)

For developments consisting solely of single-family detached residential uses, a final plat may serve as the required site plan.

(k)

Site plan approval criteria. In approving or denying a site plan submitted under this section, the following criteria shall be considered:

(1)

Safety of vehicular and pedestrian movements for the facility and area surrounding the site;

(2)

Safety from fire hazards and required means of fire control;

(3)

Protection from flooding and water damage;

(4)

Noise and lighting glare, and effect of such on adjacent neighborhoods;

(5)

Relation of signs to traffic control and effect on adjacent properties;

(6)

Adequacy of off-street parking and loading facilities;

(7)

Appropriateness of ingress and egress points for access, parking and loading, including existing and proposed ingress/egress/access easements and internal circulation, and protection of the public health by appropriate surfacing of all parking areas to control dust;

(8)

Appropriate placement of landscaping and screening;

(9)

Site coverage by structures and other improvements, and resulting impacts;

(10)

Location of structures and other improvements relative to appropriate setbacks, height limitations, maintenance of views and sight lines, as well as other aesthetic considerations; and

(11)

Such other measures as might secure and protect the public health, safety, and general welfare.

(l)

Amendments to approved site plans. After approval of a site plan for construction in a PD district, minor alterations to the plan that do not affect the subdivision of the land, the general character or overall design of the plan may be approved by the city administrator. The city administrator may refer revisions to the planning and zoning commission in cases where the proposed revision constitutes a substantial alteration. Revisions submitted to the planning commission shall follow the same procedure required for approval of a major site plan.

(m)

Appeals.

(1)

Any minor site plan that is denied by the city administrator may be appealed by the applicant to the planning and zoning commission within ten days of the final action in accordance with the procedures in section 38-52.

(2)

Any major site plan that is denied by the planning and zoning commission may be appealed by the applicant to the city council within 15 days of the final action in accordance with the procedures in section 38-52.

(Ord. No. 12-12-2013-1, § 207, 12-12-2013)

(a)

Who may file.

(1)

Text amendment. An application for amendment of the text of this chapter may be filed by the city administrator, planning and zoning commission or city council. Any citizen may petition the planning commission, as a whole, to initiate an application for amendment to the text of this chapter.

(2)

Map amendment. An application for an amendment of the official zoning map (including any amendment required by other procedures in this article) shall only be filed by the following persons:

a.

A person, firm or corporation that, together or separately, is an owner of the subject property.

b.

An authorized representative of such a person, firm or corporation. A notarized affidavit shall be required from the property owner designating such a representative.

c.

The city council or planning and zoning commission acting of its own volition or on a petition of the public. A resolution to initiate the amendment process shall appear in the minutes of the official body initiating the request.

d.

The city administrator, acting in his capacity as technical advisor to the planning and zoning commission.

(b)

Submission of application. A complete application for amendment to the text of this chapter or the official zoning map shall be submitted to the city administrator, along with the appropriate fee.

(c)

Review by city administrator. After determining that the application is complete, the city administrator shall place the request on a meeting agenda of the planning and zoning commission.

(d)

Hearing and recommendation by planning and zoning commission.

(1)

The planning and zoning commission shall, after required notice, conduct a public hearing on each request for an amendment of the official zoning map. Any citizen may petition the planning and zoning commission, as a whole, to initiate an application for amendment to the text of this chapter. The planning commission shall then have the prerogative of deciding whether to conduct a hearing on any such proposed amendment. If a hearing on a proposed text amendment is not scheduled in advance by the city administrator, the planning commission may resolve to schedule such a hearing. Regardless of whether a hearing is scheduled by the city administrator or by resolution of the commission, no hearing on a proposed text amendment shall be conducted until after required notice.

(2)

At the public hearing, the planning and zoning commission shall consider the application, comments and recommendations of city staff, other relevant support materials and public testimony given at the public hearing.

(3)

After the close of the public hearing, the planning and zoning commission shall recommend that the city council approve, approve with modifications, or deny the proposed amendment based on the criteria in subsection (f) of this section.

(4)

A recommendation by the planning and zoning commission to deny a request for amendment of the official zoning map shall be the final decision on the matter, if not appealed in writing to the city council within ten days.

(5)

A tie vote by the planning commission on any proposed amendment to the official zoning map or the text of this chapter shall be forwarded without recommendation to the city council.

(e)

Hearing and action by council.

(1)

After receipt of the recommendation from the planning and zoning commission, and after appropriate notice, the city council shall conduct a public hearing on each proposed change, except for requests to amend the official zoning map which are recommended by the planning commission to be denied and are not formally appealed to city council.

(2)

At the public hearing, the city council shall consider the application, comments and recommendations by city staff, the planning and zoning commission recommendation, other relevant support materials and public testimony given at the public hearing.

(3)

The city council may approve, approve with modifications, or deny a proposed amendment. However, city council may only overrule a recommendation by the planning and zoning commission to deny a proposed change to a boundary or regulation, including a map amendment, by an affirmative vote of at least three-fourths of all the members of the council.

(4)

Where written protest against such amendment is made and signed by the owners of 20 percent or more of the area subject to the zone change or the owners of 20 percent or more of the area within 200 feet of the affected area, then the proposed amendment shall require a favorable vote of at least three-fourths of all the members of the city council to become effective. The area of rights-of-way and streets shall be included in any computation of land area under this subsection.

(f)

Amendment criteria. The wisdom of amending the text of this chapter or the official zoning map is a matter committed to the sound legislative discretion of the city council and is not controlled by any one factor. In determining whether to adopt, adopt with modifications or deny the proposed amendment, the city council shall at a minimum consider the following factors:

(1)

Compatible with plans and policies. Whether the proposed amendment is compatible with any land use policies adopted by the planning and zoning commission or city council.

(2)

Consistent with chapter. Whether and the extent to which the proposed amendment would conflict with any portion of this chapter.

(3)

Compatible with surrounding area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.

(4)

Changed conditions. Whether and the extent to which there are changed conditions that require an amendment.

(5)

Effect on natural environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including, but not limited to, water and air quality, noise, stormwater management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.

(6)

Community need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.

(7)

Development patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.

(Ord. No. 12-12-2013-1, § 208, 12-12-2013; Ord. No. 5-10-2018-1, pt. 1(A), 4-10-2018)

Uses allowed by right are those uses that are deemed compatible with other allowed uses of land in a zoning district, provided they are developed in conformity with other applicable regulations of this chapter. A complete application for development allowed by right shall be submitted to the city administrator, along with the appropriate review and inspection fee. If the city administrator determines that the proposed development is in compliance with all requirements of the city's ordinances, including, but not limited to, this chapter and the adopted building code, the city administrator shall issue a building permit.

(Ord. No. 12-12-2013-1, § 209, 12-12-2013)

(a)

Who may file. An appeal may be initiated by any owner, applicant, affected adjacent property owner, or resident of the city.

(b)

Appropriate review body.

(1)

Planning and zoning commission. The planning and zoning commission shall review appeals from the decision by the city administrator in regard to a minor site plan or amendment thereto in a PD district (section 38-49).

(2)

City council. The city council shall review appeals from the following decisions:

a.

Decision by the planning and zoning commission in regard to a conditional use (section 38-47) or a major site plan or amendment thereto in a PD district (section 38-49).

b.

Decision by the planning and zoning commission in regard to a request for expansion of a nonconforming use.

(3)

Zoning board of adjustment. Unless otherwise specified in subsections (b)(1) and (2) of this section, an appeal that alleges error in a decision or determination made by any administrative official in the routine enforcement of this chapter shall be reviewed by the zoning board of adjustment.

(c)

Submission of application. A complete notice of appeal shall be submitted to the city administrator, along with the appropriate application fee.

(d)

Action. The appropriate review body may reverse, affirm or modify the previous decision or interpretation appealed from, and in so doing, the review body shall be deemed to have all the powers of the officer or decision-making body from whom the appeal was taken, including the power to impose reasonable conditions.

(Ord. No. 12-12-2013-1, § 210, 12-12-2013)

The city decision-making bodies and officials described in this section, without limitation upon the authority each possesses by law, have responsibility for implementing and administering this chapter in the manner described in this section.

(1)

City administrator. For the purposes of this chapter, the city administrator shall be required to:

a.

Serve as the secretary and provide technical assistance to the planning and zoning commission and zoning board of adjustment on regulations in this chapter;

b.

Render administrative adjustments to development standards;

c.

Render written interpretations of the map and text of this chapter;

d.

Render administrative decisions on urban design review, minor site plans for or amendments thereto in any PD district;

e.

Perform such other functions and duties as authorized in the city's ordinances and as may be duly delegated by the city administrator; and

f.

Initiate amendments to the map and text of this chapter.

(2)

Planning and zoning commission. For the purposes of this chapter, the planning and zoning commission shall be required to:

a.

Review and recommend to the city council changes to the text of this chapter, changes to the official zoning map (including designation of PD districts), and approval of special uses;

b.

Hear and decide appeals from decisions of the city administrator in regard to minor site plans for development in any PD district;

c.

Render decisions on conditional uses and major site plans or amendments thereto in any PD district; and

d.

Perform such other functions and duties as authorized in the city's ordinances and as may be duly delegated to them by the city council.

(3)

City council. For the purposes of this chapter, the city council shall be required to:

a.

Take final action on changes to the text of this chapter, and changes to the official zoning map, including designation of PD districts and approval of special uses;

b.

Hear and decide appeals from decisions of the planning and zoning commission in regard to conditional uses and major site plans for or amendments thereto in any PD district.

(4)

Zoning board of adjustment. The zoning board of adjustment shall exercise the following powers and be required to:

a.

Hear and decide appeals that allege error in a decision or determination made by any administrative official in the routine enforcement of this chapter;

b.

Hear and decide appeals of any administrative adjustment by the city administrator;

c.

Hear and decide requests for variances from the terms of this chapter.

(Ord. No. 12-12-2013-1, § 211, 12-12-2013)