Fairfield City Zoning Code
MULTI-FAMILY DWELLINGS
§ 154.110 CONDITIONS FOR SPECIAL EXCEPTIONS.
§ 154.111 APPLICATION FOR PERMIT.
A written application for the special exception shall be filed with the Zoning Board accompanied by the fee as is provided in § 154.195.
(1986 Code, § 28.15.020) (Ord. 992, passed 1-8-1974)
§ 154.112 PLANS AND SPECIFICATIONS.
The application for special exception shall be in writing, signed by the applicant and shall be accompanied by detailed plans and specifications of the multi-family dwelling to be constructed and if the special exception is granted, the structure shall substantially conform with those plans and specifications and no certificate of occupancy and compliance shall be issued by the Zoning Officer unless the structure does substantially comply with the plans and specifications.
(1986 Code, § 28.15.030) (Ord. 992, passed 1-8-1974)
§ 154.113 GRANTING OR DENYING APPLICATION.
No special exception shall be granted unless the Zoning Board of Appeals finds that the granting of a special exception will promote the public health, safety and welfare of the neighborhood and the community and further finds as follows:
(A) The special exception will not be injurious to the use and enjoyment of the environment or of other property in the immediate vicinity, nor substantially diminish and impair property values within the surrounding neighborhood;
(B) The proposed development will not increase local or state expenditures in relation to costs of servicing or maintaining neighborhood properties;
(C) The establishment of the special exception will not impede the normal and orderly development and improvement of surrounding property for uses predominant in the area; and
(D) The location and character of the proposed development are considered to be consistent with a desirable pattern of development for the locality in general.
(1986 Code, § 28.15.040) (Ord. 992, passed 1-8-1974)
§ 154.114 PRIOR NOTICE BY PUBLICATION.
Upon the filing of an application for special exception, the Zoning Officer shall cause to be published a notice at least 15 days prior to the hearing thereon before the Zoning Board of Appeals, which notice shall be in a newspaper having general circulation in the city and which notice shall give the date, time and place of the hearing, the location, including lot number and street address where the special exception is sought, a general description of the multi-family dwelling to be constructed and which notice shall state that any person having objections to the granting of the special exception may file the same with the Zoning Officer prior to the hearing.
(1986 Code, § 28.15.050) (Ord. 992, passed 1-8-1974)
§ 154.115 REAR YARD; TOTAL LOT COVERAGE; LOT AREA REDUCTION.
If requested by the applicant, the Zoning Board of Appeals, upon approval of the special exception, may also reduce the rear yard to ten feet and increase the maximum lot coverage to 40%. If the proposed multi-family dwelling is to be a two-story construction, then the minimum requirements for lot area may be divided by two.
(1986 Code, § 28.15.060) (Ord. 992, passed 1-8-1974)
§ 154.116 OFF-STREET PARKING.
No special exception shall be granted unless there is to be at least one off-street parking space for each family unit.
(1986 Code, § 28.15.070) (Ord. 992, passed 1-8-1974)
§ 154.117 ZONING BOARD OF APPEALS; ACTION.
(A) If at the hearing the Zoning Board of Appeals by a vote of four or more members approves the application, then the approval shall be announced; however, a permit shall not be issued by the Zoning Officer until at least ten days subsequent to the approval by the Zoning Board of Appeals.
(B) If any person who would be adversely affected by the granting of a special exception shall file with the City Clerk written objections thereto within ten days, then the special exception shall not be granted until approved by the City Council.
(C) If no objections are filed within ten days, then the permit shall be issued.
(1986 Code, § 28.15.080) (Ord. 992, passed 1-8-1974)
§ 154.118 SPECIAL EXCEPTION FOR CHANGE IN USE OR ALTERATION OF STRUCTURE.
(A) No land or structure for which a special exception is granted as herein provided shall be changed in use and no structure shall be erected, altered or moved until the change, erection, alteration or move has been authorized by special exception granted by the Zoning Board of Appeals.
(B) The procedure for obtaining a special exception for the change, erection, alteration or move shall be the same as herein set forth.
(1986 Code, § 28.15.090) (Ord. 992, passed 1-8-1974)
§ 154.119 REVERSAL OF DECISION OF ZONING BOARD OF APPEALS.
An applicant denied a permit may make application for a hearing before the City Council. The City Council may reverse the decision of the Zoning Board of Appeals if the City Council deems the issuance of a permit necessary for the protection of the public interest.
(1986 Code, § 28.15.100) (Ord. 992, passed 1-8-1974)