(a)

This chapter shall be administered and enforced by the community development division, with the community development director or the designated agent as the administrative officer of this chapter. His or her duties, among others, shall be to:

(1)

Serve as an ex-officio nonvoting member of the board of appeals and adjustments and planning commission.

(2)

Receive, review, analyze and develop written reports on all applications for permits, certificates, appeals, variances, amendments, plats or other development matters regulated by this chapter.

(3)

Issue permits when requirements of this chapter have been met, and maintain records thereof.

(4)

Conduct inspections to determine compliance with the terms of this chapter and take remedial action when required.

(b)

Upon finding that any of the zoning provisions of this chapter are being violated, or upon finding a condition which may lead to violation, the community development director shall notify in writing the persons responsible for such violation or condition, ordering the action necessary to correct such condition or violation. He or she may order discontinuance of illegal work being done, order discontinuance of illegal use of structures and land, and order removal of illegal structures or additions. Further, in order to ensure compliance with or to prevent violations of this chapter, the community development director may call upon the city attorney to institute legal proceedings and call upon the chief of police for assistance.

(Ord. No. 86-4, § 7.12(1), 6-30-86; Ord. No. 2018-02 , 2-12-18)

Proceedings for amendment of this chapter or the official zoning map shall be initiated by the city council, planning commission, or any property owner who wishes to amend the district boundaries so as to affect their real estate or a larger parcel which includes such real estate.

(Ord. No. 86-4, § 7.12(5)(A), 6-30-86)

All applications for amendments to this chapter or the official zoning map shall be made by the property owner in the office of the community development director on official zoning applications. Such applications shall be accompanied by graphic and written materials which explain the proposed development and/or use. Two (2) copies of all required graphics or materials shall be submitted, with at least one (1) copy reduced to the size of eight and one-half (8½) by eleven (11) inches.

(Ord. No. 86-4, § 7.12(5)(B), 6-30-86; Ord. No. 2018-03 , 2-12-18)

The planning commission shall hold at least one (1) public hearing on the request for an amendment to this chapter or the official zoning map. Notice of such hearing shall be mailed not less than ten (10) days before the date of hearing to the applicant and each property owner situated wholly or partly within three hundred and fifty (350) feet of the property proposed to be rezoned. Identification of such property owners shall be determined by the city clerk from records made available to the public. Failure of property owners to receive the notice shall not invalidate the proceedings.

(Ord. No. 86-4, § 7.12(5)(C), 6-30-86)

Within sixty (60) days of the public hearing referred to in section 26-38, the planning commission shall make a written report to the city council stating its findings and recommendations. If the planning commission recommends denial of the amendment that action shall be final unless the applicant appeals the decision to the city council, in which case the procedure shall be as stated in section 26-40.

(Ord. No. 86-4, § 7.12(5)(D), 6-30-86)

(a)

If the planning commission recommends approval of an amendment to this chapter or the official zoning map, the city council shall hold a public hearing within thirty (30) days after receipt of the recommendation. Notice of such hearing shall be published in thedesignated newspaper and mailed to the applicant and each property owner wholly or partly within three hundred fifty (350) feet of the property proposed to be rezoned. Such notice shall be published and mailed not less than ten (10) days before the date of hearing by the city clerk. Failure of the property owners to receive the notice shall not invalidate the proceedings. At the time of the hearing the city council may take final action on the application or continue the hearing for further investigation and testimony. The city council may also request further information and reports from the planning commission. After conclusion of the hearing the city council may adopt the amendment or any part thereof in such form as it deems advisable. The amendment shall be effective only if a majority of all members of the city council concur on its passage. The adoption or amendment of any portion of this chapter or the official zoning map which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the governing body.

(b)

Amendments may be denied by motion of the city council. Such motion shall contain appropriate findings and a determination that the proposal is not in the best interest for physical development of the city. Such findings and determination shall be made a permanent part of the council record. No application which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the planning commission.

(Ord. No. 86-4, § 7.12(5)(E), (F), 6-30-86; Ord. No. 2017-08 , 8-28-17)

(a)

The board of appeals and adjustments is created and shall consist of five (5) members and two (2) nonvoting council liaisons. All voting members shall be appointed by the city council and shall serve three-year terms. No member shall serve more than two (2) consecutive terms.

(b)

Three (3) members of the board constitute a quorum, and all action by the board requires the majority vote of a quorum. The board shall serve without compensation. The board shall elect from its voting members a chairman and vice chairman. The community development director shall provide secretarial and staff services to the board and shall serve as an ex-officio nonvoting member.

(c)

The board shall have the following duties:

(1)

To hear requests for variances from the literal provisions of this chapter.

(2)

To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter.

(3)

To hold special hearings as required by statute, ordinance, or when deemed necessary, and to counsel with the city's legal department where legal issues may be involved.

(Ord. No. 86-4, § 7.12(2)(A), 6-30-86; Ord. No. 2018-04 , 2-12-18; Ord. No. 2020-15 , 1-11-21)

(a)

An appeal for administrative review may be taken to the board of appeals and adjustments by any person affected by a decision of the community development director. Such appeal shall be taken by filing a notice specifying the grounds of the appeal in the office of community development director within thirty (30) days of the action or decision. If the appeal is not taken by the owner of the property, which is the subject matter of the decision appealed from, notice shall not be filed until it has been served upon such owner either in person or by mail.

(b)

The community development director shall forthwith transmit to the board all materials constituting the record upon which the action appealed from was taken. An appeal for an administrative review or a variance stays all proceedings, including criminal proceedings, in furtherance of the action appealed from unless the community development director certifies to the board that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In that case the proceedings shall not be stayed otherwise than by a restraining order granted by a court of competent jurisdiction. An application for a variance may be filed by the owner of the affected property at any time.

(Ord. No. 86-4, § 7.12(2)(B), 6-30-86; Ord. No. 2018-05 , 2-12-18)

Upon filing in the office of the community development director a petition for a variance or appeal from an administrative order or determination, a hearing date shall be set. The date of this hearing shall be no more than thirty (30) days from filing of the request. Notice of such hearing shall be mailed not less than ten (10) days before the date of hearing to the petitioner and each owner of property situated wholly or partly within three hundred and fifty (350) feet of the petitioner's property, insofar as the names and addresses of such owners can be determined by the city clerk from records available to the public. Failure of property owners to receive the notice shall not invalidate the proceedings. The board of appeals and adjustments shall hold the hearing to consider the petition and its relation to the intent and purpose of the regulations of this chapter and the comprehensive plan. The petitioner may appear in person, or be represented by an agent or attorney. The board shall make its order deciding the matter within sixty (60) days of the date of hearing. Findings of fact and other testimony relevant to the board's decision shall be made part of the record of the hearing.

(Ord. No. 86-4, § 7.12(2)(E), 6-30-86; Ord. No. 2018-06 , 2-12-18)

Any petitioner, affected person or agency, aggrieved by any decision of the board of appeals may appeal such decision to the city council by filing an appeal in the office of city engineer. The council shall consider the matter at its next regular meeting. The council may affirm, reverse, or modify, wholly or partly, the decision of the board. No petition which has been denied by the board, or council on appeal, may be resubmitted for a period of six (6) months from date of the decision.

(Ord. No. 86-4, § 7.12(2)(F), 6-30-86)

The purpose of this division is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. These conditional uses require particular consideration as to their effect on and location in relation to adjacent established or intended uses, their effect on traffic and adjoining roads, and relation to the planned development of the city.

(Ord. No. 86-4, § 7.12(4)(A), 6-30-86)

(a)

Application for a conditional use permit shall be made by the property owner in the office of the community development director on an official form. Such applications shall be accompanied by graphic and written materials which explain the proposed development and/or use. These materials may be required by the community development director to contain any or all of the following information:

(1)

A site plan indicating topography, location of buildings, structures, driveways and vehicular access.

(2)

Landscaping and screening plans.

(3)

Site drainage plans indicating catch basins and underground improvement.

(4)

Off-street parking and loading plans.

(5)

Location, size, and type of outdoor storage facilities for equipment, stock and waste materials.

(6)

Architectural plans for buildings indicating elevations, entrances, heights, floor plans and material to be used on the exterior.

(b)

Two (2) copies of all required graphics or materials shall be submitted, with at least one (1) copy reduced to the size of eight and one-half (8½) inches by eleven (11) inches.

(Ord. No. 86-4, § 7.12(4)(B), 6-30-86; Ord. No. 2018-07 , 2-12-18)

The conditional use permit application shall be reviewed by the community development director and other pertinent staff. The community development director shall submit a report and recommendation to the planning commission in writing for consideration. These materials are to be made part of the permanent written record of the planning commission meeting.

(Ord. No. 86-4, § 7.12(4)(C), 6-30-86; Ord. No. 2018-08 , 2-12-18)

The planning commission shall hold at least one (1) public hearing on the request for a conditional use permit. Notice of such hearing shall be mailed not less than ten (10) days before the date of hearing to the applicant and each property owner situated wholly or partly within three hundred and fifty (350) feet of the applicant's property. Identification of such property owners shall be determined by the city clerk from records made available to the public. Failure of property owners to receive the notice shall not invalidate the proceedings.

(Ord. No. 86-4, § 7.12(4)(D), 6-30-86)

The planning commission and pertinent staff shall review applications for conditional use permits based upon the following standards. Conditional uses:

(1)

Must be in conformance with the comprehensive plan.

(2)

Must not be detrimental or injurious to the general vicinity and uses already permitted in the area.

(3)

Not impede the normal and orderly development of surrounding vacant property.

(4)

Will be served by adequate utilities, public roads, and municipal facilities. Such requirements for public facilities shall not be detrimental to the economic welfare of the city.

(5)

Must not cause offensive odors, fumes, dust, noise, and vibration that would be injurious or a nuisance to adjacent uses and the surrounding area.

(6)

Will conform to specific standards of this chapter applicable to the particular use.

(Ord. No. 86-4, § 7.12(4)(E), 6-30-86)

The planning commission may recommend conditions relating to the granting of a conditional use permit as they deem necessary to carry out the intent and purpose of this chapter and protect the general welfare of the city. Recommended conditions may include the following general conditions (if applicable) and shall include specific conditions listed for each conditional use in this chapter:

(1)

That the architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot.

(2)

That the entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage. This surfacing is subject to approval by appropriate city staff.

(3)

That the lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from a public right-of-way.

(4)

That vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with the requirements of this chapter.

(5)

That open storage and refuse from the use shall be adequately continued and controlled on-site.

(6)

Any other condition as deemed necessary to protect the public health, safety, and general welfare.

(Ord. No. 86-4, § 7.12(4)(F), 6-30-86)

(a)

Within sixty (60) days of the public hearing, the planning commission shall make a written report and recommendation to the city council. The city council shall consider the report and recommendation at its next regular meeting. If the planning commission recommends denial of the permit application, or the city council orders such denial, it shall include in its recommendation or findings as to the ways in which the proposed use does not comply with the standards required by this chapter.

(b)

Conditional use permits issued by the city council shall be filed with the city clerk and county recorder.

(Ord. No. 86-4, § 7.12(4)(G), 6-30-86)

No application for a conditional use permit which has been considered and denied by the city council shall be resubmitted for a period of six (6) months from date of said denial, except on the grounds of new evidence, or proof of change of conditions found to be valid by the planning commission.

(Ord. No. 86-4, § 7.12(4)(H), 6-30-86)

If substantial construction has not taken place within one (1) year after issuance of a conditional use permit, the permit is void, except that the city council upon recommendation of the planning commission, may extend the permit for an additional period not to exceed one (1) year.

(Ord. No. 86-4, § 7.12(4)(I), 6-30-86)

The planning commission shall conduct an annual review of all existing conditional use permits. A public notice indicating the date and place of permit review shall be published in a newspaper of general circulation ten (10) days prior to said review. A list of all existing conditional use permits shall be published with the notice. If at such time the planning commission feels that the conditional use permit is in compliance with the performance standards and conditions of the permit, and by majority vote, may decide to waive the annual review for a specific conditional use permit. Also, the planning commission may decide at any time to bring the specific conditional use permit back for review because of a complaint or violation of the conditions or performance standards.

(Ord. No. 86-4, § 7.12(4)(J), 6-30-86; Ord. No. 2009-04, 5-11-09)

A violation of any condition set forth in a conditional use permit shall be a violation of this chapter and shall automatically void the permit.

(Ord. No. 86-4, § 7.12(4)(K), 6-30-86)

(a)

If the scope of development, or potential hazard of the use proposed in the conditional use permit application warrants, the city council upon recommendation by the planning commission may require a surety bond to be posted as a condition for permit issuance. The bond shall guarantee conformance and compliance with the conditions of the conditional use permit, codes and ordinances of the city.

(b)

The surety bond shall be in the amount of the city building official's estimated costs of labor and materials for the proposed improvements or development.

(c)

The city shall hold the surety bond until completion of proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit, codes and ordinances of the city has been issued by the city building official.

(d)

Failure to comply with the conditions of the conditional use permit codes and ordinances of the city shall result in forfeiture of the bond.

(Ord. No. 86-4, § 7.12(4)(L), 6-30-86)

No variance shall be granted to allow a use not permissible under the terms of this chapter. Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the terms of the variance are consistent with the comprehensive plan. In granting a variance the board may prescribe appropriate conditions in conformity with this chapter. When such conditions are made part of the terms under which the variance is granted, violation of the conditions is a violation of this chapter. A variance shall not be granted by the board of appeals and adjustments, or by the city council on appeal, unless it conforms to the following standards.

(1)

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved that cause practical difficulties in complying with the requirements of this chapter and do not result from the actions of the petitioner. Economic considerations alone shall not constitute practical difficulties.

(2)

Literal interpretation of the provisions of this chapter would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this chapter and the granting of the variance will not alter the essential character of the locality.

(3)

Granting the variance will not confer on the petitioner any special privilege that is denied by this chapter to other lands, structures, or buildings in the same area and the petitioner proposes to use the property in a reasonable manner.

(4)

The proposed variance will not impair an adequate supply of air and light to adjacent property, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, or welfare of the residents of the city.

(Ord. No. 86-4, § 7.12(2)(C), 6-30-86; Ord. No. 2011-09, 8-22-11)

The applicant shall file in the office of city engineer an application for a variance. The application shall contain a detailed site plan and if deemed necessary by city staff, a copy of a registered survey of the property indicating the exact location of monuments and structures on-site.

(Ord. No. 86-4, § 7.12(2)(D), 6-30-86)

A violation of any condition set forth in granting a variance is a violation of this chapter and automatically terminates the permit. A variance shall become void one (1) year after it was granted unless extended by the city council for a period not to exceed one (1) year.

(Ord. No. 86-4, § 7.12(2)(G), 6-30-86)