Provisions of this chapter may be enforced by the city as a civil violation pursuant to chapter 1, article II, or chapter 1, article III.

(Code 1983, § 22-138; Ord. No. H-186, § 30-138, 6-15-1981; Ord. No. 19-014, § 1, 5-20-2019)

(a)

General. An appeal to the board of adjustment may be made by any person aggrieved or by any officer of the city affected by any decision of the planning director regarding a provision of this chapter. Such appeal shall be made within a reasonable time, as provided by the rules of this section, by filing a notice of appeal specifying the grounds thereof through the planning department. The planning department shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was made.

(b)

Authorization to grant or disapprove appeals. The board of adjustment, in conformity with the provision of this section, may reverse or affirm, wholly or partly, or may modify the decision appealed from and may make such decision as ought to be made, and to that end shall have all the power, concerning this chapter, of the planning director. The concurring vote of a majority of the board shall be necessary to reverse any decision of the planning director.

(c)

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the planning director certifies to the board of adjustment after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment, on notice to the planning director and on due cause shown.

(d)

Appeals procedure.

(1)

Before the board of adjustment may act on an appeal from a ruling of the planning director pursuant to this section, it will hold a public hearing in accordance with the provisions of section 125-37.

(2)

Within 35 days of the public hearing, except the board of adjustment with good cause demonstrated may allow an extension of time, the board of adjustment will make its decision on the appeal.

(3)

The board of adjustment decision will be sent by mail to the applicant within five working days of its decision.

(Code 1983, § 22-139; Ord. No. H-186, § 30-140, 6-15-1981; Ord. No. I-98, §§ 1, 4, 1-7-1985; Ord. No. 19-014, §§ 2, 3, 5-20-2019; Ord. No. 19-044, § 14, 11-4-2019)

(a)

General. Application for certificates of temporary uses, site plan reviews, conditional uses, nonconforming structures as a special exception, and variances shall be accompanied by plans and specifications, drawn to scale, showing the actual shape and dimensions of the property and the size and locations of all existing and proposed structures; the intended use of each structure, the number of households, if any, to be accommodated thereon; the relationship of the property to the surrounding area; and such other information as is needed to determine conformance with this chapter. These applications shall also be accompanied by a legal description of the property involved and any information required by other parts of this chapter.

(b)

Certificates of zoning compliance. In addition to the information specified in subsection (a) of this section, the following information shall be submitted along with the applications for certificates of zoning compliance: a description of all landscape materials which will be used and plans showing the location of proposed parking spaces, driveways, other vehicular use areas and landscaped areas (including the location of sprinklers or water outlets).

(Code 1983, § 22-140; Ord. No. H-186, § 30-141, 6-15-1981; Ord. No. H-244, § 3, 12-20-1982; Ord. No. 19-014, § 4, 5-20-2019)

A fee schedule for development applications is established by resolution by the city commission and shall be paid to the city upon filing of an application.

(Code 1983, § 22-141; Ord. No. H-186, § 30-142, 6-15-1981; Ord. No. H-244, § 4, 12-20-1982; Ord. No. K-400, § 1, 2-6-2006; Ord. No. L-86, § 5, 7-20-2009; Ord. No. 19-014, § 5, 5-20-2019)

(a)

Notice by newspaper. Before the required public hearing is held for applications including site plan, conditional use, variance, special exception, zoning atlas amendment, and zoning test amendment, or before any public hearing required by this chapter or the state statutes, including an appeal from a ruling of an administrative officer pursuant to the section 125-35 takes place, at least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city. In cases where the zoning atlas amendment involves ten contiguous acres or more, and in cases where the zoning text amendment changes the actual list of permitted, conditional, or prohibited uses within a zoning district, notice is required before each of two public hearings and shall be consistent with state statutes. Notice for the zoning atlas amendment shall include a geographic location map which clearly indicates the area.

(b)

Notice by mail. Before a public hearing required by this chapter takes place for a variance, an appeal from a ruling of an administrative officer pursuant to section 125-35, or any special exception allowed or expressly provided for by this chapter, the planning department shall give notice by mail to each property owner whose property is adjacent to the property and to the property owner for which the variance, appeal or special exception has been requested.

(1)

Where the request is for a conditional use or an amendment to the zoning atlas of this chapter, and no more than 500 lots within the city are involved, notice by mail shall be given to each owner of the property located, or having any part thereof, situated within 500 feet of any point of the property for which the request has been made and to the owner of the property for which the request has been made.

(2)

All notices by mail shall contain the legal description of the affected property, the existing zoning classification, an indication of the nature of the request, and time and place of any public hearing which has been scheduled concerning the request.

When the request involves an amendment to the zoning atlas, the following provisions will also apply:

(1)

When the amendment is initiated by the city and involves a parcel or parcels of land involving less than ten continuous acres, the planning department shall notify by mail 30 days prior to the date set for the public hearing each affected real property owner whose land the municipality, in accordance with state statutes.

(2)

Prior to the effective date of any zoning classification change, the planning department shall cause an affidavit to be filed with the city clerk certifying that said department has complied with the provisions of this subsection.

(3)

The filing of said affidavit shall be prima facie proof of compliance with the requirements of this section.

(4)

A failure to give notice shall not affect the decision by the city commission on a zoning amendment except as to the property of the complaining owner.

(c)

Notice by signs. After an application has been filed for an amendment of the zoning atlas or an application for conditional use, the applicant shall post a sign or signs on the property concerned at least five days prior to the planning board meeting thereon. The sign or signs shall not be less than 18 by 24 inches in size as provided by the planning department; and located where, in the judgment of the planning department, the sign or signs would be in proximity to the subject property and in the most conspicuous place to the passing public. The sign or signs shall be posted not less than ten days prior to the public hearing.

(d)

Website posting. Each planning board meeting agenda shall be posted on the city website at least five days prior to the date of the meeting.

(e)

Participation. All interested parties shall be given an opportunity to be heard at the required public hearings. Interested parties' views may be presented in person or by their designated representative.

(f)

Recesses. The city commission, city planning board or board of adjustment may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposal being considered. Upon recessing, the time and date when the hearing is to be resumed shall be announced. An application for any type of development review may be withdrawn at any time as long as no notice has been given that the application will be reviewed at a public hearing. An application for any type development review may be withdrawn at any time with the consent of the reviewing board responsible for reviewing the application.

(g)

Postponement. Any postponement of a public hearing on an application for any type of development review shall be solely at the discretion of the reviewing board.

(Code 1983, § 22-142; Ord. No. H-186, § 30-143, 6-15-1981; Ord. No. H-244, § 5, 12-20-1982; Ord. No. K-354, §§ 1, 2, 7-5-2005; Ord. No. L-297, § 1, 9-3-2013; Ord. No. 19-015, § 1, 4-15-2019; Ord. No. 19-014, § 6, 5-20-2019; Ord. No. 19-015, § 1, 4-15-2019)

Any person, association of persons, co-partnership, firm or corporation which shall violate any of the provisions of this chapter or fail to comply herewith or with any of the requirements hereof, shall, for each and every violation or noncompliance, be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by section 1-7.

(Code 1983, § 22-143; Ord. No. H-186, § 30-144, 6-15-1981; Ord. No. 19-014, § 7, 5-20-2019)

(a)

Where determinations can reasonably be made by the code compliance manager or other city employees, using equipment and personnel normally available to the city or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued. Where technical complexity or extraordinary expense make it unreasonable for the city to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures as herein set out shall be available for protecting individuals from arbitrary and capricious administration and enforcement of environmental performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement.

(b)

Where determination of violation of environmental performance standards can be made by the code compliance manager or other duly designated city employees using equipment and personnel available to the city or obtainable without extraordinary expenses, a determination of violation shall be made and the administrative official shall take or cause to be taken lawful action as provided by this chapter to eliminate such violation. Failure to obey lawful orders concerning cessation of violation shall be punishable as provided in this chapter.

(1)

Notice. The code compliance manager shall give written notice by certified mail, return receipt requested, or other means ensuring a signed receipt for such notice, to those responsible for the alleged violation. Such notice shall describe the particulars of the alleged violation and the reasons why the code compliance manager believes there is a violation in fact, and shall require an answer or a correction of the alleged violation to the satisfaction of the code compliance manager within a reasonable time limit set by the code compliance manager. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the code compliance manager within the time limit set constitutes admission of violation. The notice shall further state that upon request of those to whom it is directed, technical determinations as described in the appropriate portions of this chapter will be made, and that if a violation as alleged is found, costs of the determinations will be charged against those responsible in addition to such other penalties as may be appropriate, and that if it is determined that no violation exists, costs of the determinations will be paid by the city.

(2)

Correction of violation within time limit. If, within the time limit set, there is no reply but the alleged violation is corrected to the satisfaction of the code compliance manager, the code compliance manager shall note violation corrected on his copy of the notice and shall retain it among his records, taking such other action as may be warranted by the circumstances of the case.

(3)

No correction; no reply. If there is no reply within the time limits set (thus establishing admission of violation) and the alleged violation is not corrected to the satisfaction of the code compliance manager within the time limit set, the code compliance manager shall take or cause to be taken such action as warranted by continuation of an admitted violation after notice to cease.

(4)

Reply requesting extension of time. If a reply is received within the time limit set indicating that an alleged violation will be corrected to the satisfaction of the code compliance manager, but that more time is required than was granted by the original notice, the code compliance manager may grant an extension of time, if he deems such extension warranted in the circumstances of the case, and if such extension will not, in his opinion, cause imminent peril to life, health or property. In acting on such requests for extension of time, the code compliance manager shall in writing state his reasons for granting or refusing to grant the extension and shall transmit the same by certified mail, return receipt requested, or other means insuring a signed receipt, as provided in subsection (b)(1) of this section, to those to whom original notice was sent.

(5)

Reply requesting technical determination. If a reply is received within the time limit set requesting technical determinations, as described in the appropriate provisions of this chapter and if the alleged violations continue, the code compliance manager may call in properly qualified experts to make the determinations. If expert findings indicate violation of the environmental performance standards, the costs of the determinations shall be paid by the persons responsible for the violations, in addition to such other penalties as may be appropriate under the terms of this chapter. If no violation is found, costs of the determination shall be paid by the city.

(Code 1983, § 22-144; Ord. No. H-186, § 30-145, 6-15-1981; Ord. No. 19-014, § 8, 5-20-2019)

(a)

Membership.

(1)

Regular. The board of adjustment shall consist of five members, with one appointed by each commissioner and one appointed by the mayor. Any member may be removed with or without cause by the city commission. The terms of office of the members of the board shall be concurrent with the mayor's and appointing city commissioner's terms.

(2)

Absences. Absence from three consecutive regular meetings shall operate to vacate the seat of a regular member unless such absence is excused by the board.

(b)

Officers. The board of adjustment shall select one of its members as chairperson and one as vice-chairperson, who shall serve in such capacity for a term of one year and until their successors have been selected. The chairperson, or in the chairperson's absence, the acting chairperson, may administer oaths and compel the attendance of witnesses.

(c)

Meetings. Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board of adjustment may determine. All meetings shall be open to the public. The board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. It shall also keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of adjustment and shall be public record. A majority of the board of adjustment shall constitute a quorum for the transaction of business. Additional rules shall be adopted by the board of adjustment for the transaction of its business which are consistent with the terms of this chapter and other applicable laws.

(d)

Appropriations and fees. The city commission is authorized and empowered to appropriate such funds as it may see fit for fees and expenses necessary to conduct the work of the board of adjustment. The board of adjustment shall have the authority to expend all sums so appropriated and other sums made available for its use from fees and other sources to carry out its powers and duties.

(e)

Powers. The board of adjustment shall have the power and duties specified in this section, sections 125-35 and 125-98 through 125-107.

(Code 1983, § 22-146; Ord. No. H-186, § 30-147, 6-15-1981; Ord. No. I-16, § 1, 6-6-1983; Ord. No. I-98, §§ 1, 5, 1-7-1985; Ord. No. I-309, §§ 1, 2, 2-21-1989; Ord. No. J-125, §§ 1, 2, 11-21-1994; Ord. No. L-126, § 2, 7-6-2010; Ord. No. 17-016, § 4, 4-17-2017; Ord. No. 19-014, § 10, 5-20-2019; Ord. No. 19-044, § 15, 11-4-2019)

Within the zoning districts established by this chapter or amendments that may be adopted later, there exist lots, structures, uses of land or structures, and characteristics of uses which were lawful before this chapter was passed or amended, but which violate provisions of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to allow their expansion or replacement.

(Code 1983, § 22-99; Ord. No. H-186, § 30-99, 6-15-1981)

If, at the effective date of adoption or amendment of the ordinance from which this chapter is derived, a lot of record exists which could be lawfully used for some purpose and the lot is no longer permissible for any use under the terms of this chapter relating to lot size, and if the entire contiguous land holdings in single ownership have not decreased, other than due to eminent domain proceedings, since the lot became nonconforming, and if the use satisfies other requirements of this chapter, then such lot:

(1)

If located in an E-1, R-1, R-2, R-3, R-4, R-4A or R-5 district may be used for a single-family dwelling, or a duplex, if approved with a conditional use in the R-3 or R-5 districts or if permitted by right in the R-4 or R-4A districts, but not a mobile home; provided, however, that this section shall not apply to any such lots which immediately adjoin other such lots and which are under common ownership and capable of being replatted so as to create one or more lots which may be used for some purpose after the effective date of adoption or amendment of the ordinance from which this chapter is derived; or

(2)

If located in a nonresidential district may be used for any use allowed in the district.

(Code 1983, § 22-100; Ord. No. H-186, § 30-100, 6-15-1981; Ord. No. K-419, § 1, 4-17-2006; Ord. No. 21-008, § 1, 4-5-2021)

Where, at the effective date of adoption or amendment of the ordinance from which this chapter is derived, a lawful use of property exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No structure devoted to a nonconforming use which is damaged may be reconstructed unless:

a.

The damage to the structure does not exceed 50 percent of the replacement value at the time of damage; or

b.

The use of the structure is changed to a use permitted in the district in which it is located.

(2)

No structure devoted to a nonconforming use shall be enlarged or moved unless:

a.

The use is a nonconforming commercial or manufacturing use in a C-3, C-4, I-1 or I-2 zone; the structure is not enlarged by more than 20 percent; the structure being enlarged does not violate provisions in section 125-72; and the enlargement receives conditional use approval;

b.

The use is a nonconforming single-family home use in a C-5 zone; the structure existed prior to June 15, 1981; the structure being enlarged does not violate provisions in section 125-72; and the enlargement receives conditional use approval; or

c.

The use of the structure is changed to a use permitted in the district in which the structure is located.

(3)

No additional structure may be built in connection with a nonconforming use unless it is an accessory structure for a nonconforming residential use located on land already devoted to the nonconforming residential use.

(4)

No nonconforming use shall be allowed to occupy a greater area of land than was occupied at the date when it became nonconforming nor moved in whole or in part to any portion of the lot or structure not occupied by the use on the date it became nonconforming.

(5)

If a nonconforming use is discontinued for a period of 12 months, further use of the property shall conform to this chapter.

(6)

If a nonconforming use is replaced by another use, the new use shall conform to the provisions in this chapter.

(Code 1983, § 22-101; Ord. No. H-186, § 30-101, 6-15-1981; Ord. No. K-413, § 1, 4-20-2006; Ord. No. L-255, § 2, 5-7-2012)

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance from which this chapter is derived that could no longer be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may continue so long as it remains otherwise lawful, subject to the following provisions:

(1)

No nonconforming structure may be enlarged except as provided hereinafter by section 125-73.

(2)

If a nonconforming structure or nonconforming portion of a structure is destroyed by any means to an extent amounting to more than 50 percent of the replacement value at the time of damage, it shall not be reconstructed except in conformity with the provisions of this chapter.

(3)

If a nonconforming structure is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for that district in which it is located after it is moved.

(Code 1983, § 22-102; Ord. No. H-186, § 30-102, 6-15-1981; Ord. No. H-244, § 1, 12-20-1982; Ord. No. K-413, § 3, 4-20-2006)

(a)

The board of adjustment and city commission are authorized to permit the enlargement or alteration of a nonconforming structure, except any sign, as a special exception upon application, notice and hearing as provided in sections 125-36(a), 125-37(11), and 125-38, and upon finding and determining the following:

(1)

The granting of the special exception will not adversely affect the public interests;

(2)

Such enlargement or alteration is in harmony with the purpose and intent of this chapter and all amendments thereof;

(3)

The enlargement or alteration, if allowed, will not violate any height, yard, setback, area or density limitations imposed by the zoning district in which the property is located, or if the enlargement or alteration would increase such violation, such enlargement or alteration would not adversely affect traffic flow, safety and control, pedestrian safety and convenience or visibility at any street intersections, drives, rights-of-way, curbcuts or crosswalks;

(4)

Such enlargements or alteration shall be compatible with adjacent properties and other properties within that zoning district;

(5)

If in a commercial, business or industrial zone, that adequate buffers are provided between such structures and adjacent residential areas;

(6)

That adequate off-street parking shall be provided for any multifamily, commercial, industrial or business use upon the property;

(7)

The enlargement or alteration will not increase gross floor area of the principal structure by more than 50 percent;

(8)

The use of the structure prior to, and subsequent to, the granting of the request for the special exception shall be a semi-restricted use or permitted conditional use within the district in which the property is located;

(9)

There will be adequate availability and access to, and for, public utilities as may be required.

(b)

In granting a special exception hereunder, the board of adjustment and city commission may require certain conditions and safeguards for the public health, safety and welfare, concerning the following:

(1)

Public off-street parking;

(2)

Adequate ingress and egress with particular emphasis upon traffic and pedestrian safety;

(3)

Adequacy of and access for fire and other emergency vehicles;

(4)

Any signs and/or exterior lighting with reference to effect upon and harmony with surrounding properties;

(5)

Any required landscaping, greenbelts, buffers or fencing in any residential, commercial or business districts, with reference to compliance with provisions of this Code, harmony and effect upon surrounding properties, lines of vision.

(c)

In granting any special exception, the board of adjustment and city commission may prescribe a reasonable time limit within which the enlargement or alteration for which the special exception is requested shall be begun and/or completed.

(d)

The procedure by which an application shall be made to the board of adjustment under this section shall be as provided in sections 125-101 and 125-103.

(e)

The approval or disapproval of any enlargement or alteration of a nonconforming structure as a special exception under this section shall require the conforming vote of a majority of the board of adjustment or city commission.

(Code 1983, § 22-102.1; Ord. No. H-244, § 2, 12-20-1982; Ord. No. I-98, § 6, 1-7-1985; Ord. No. 19-044, § 4, 11-4-2019)

Where, at the effective date of adoption or amendment of the ordinance from which this chapter is derived, lawful characteristics of a use, such as signs, off-street parking, landscaping or other matters pertaining to the use of land, structures and premises, are made no longer permissible under the terms of this chapter as enacted or amended, or are no longer sufficient to meet the requirements of this chapter as enacted or amended, such characteristics may continue, provided that no change shall thereafter be made in such characteristics of a use or a use itself which increases nonconformity with the regulations of this chapter.

(Code 1983, § 22-103; Ord. No. H-186, § 30-103, 6-15-1981)

Nothing contained in this chapter shall require any change in the plans, construction, alteration or designated use of a structure for which a legal permit has been issued by the city and construction has begun, provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within two years from the time the permit was issued.

(Code 1983, § 22-104; Ord. No. H-186, § 30-104, 6-15-1981)

Any use which is permitted as a conditional use in a zoning district under the terms of this chapter shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming use.

(Code 1983, § 22-105; Ord. No. H-186, § 30-105, 6-15-1981)

If a lot of record exists which could have been used for multifamily purposes involving a triplex structure or more before January 1, 1985, and the lot is no longer permissible for any use other than as a single-family dwelling then, in that event, the board of adjustment and city commission are authorized to allow use of the lot for a duplex upon application, notice and hearing as provided in sections 125-36(a), 125-37(11), and 125-38, and upon finding and determining the following:

(1)

The granting of the special exception will not adversely affect the public interest;

(2)

Such duplex use would be in harmony with the purpose and intent of this chapter and all amendments thereof;

(3)

The duplex use, if allowed, will not violate any height, yard or setback area limitations imposed by the zoning district in which the property is located;

(4)

Such use shall be compatible with properties which are in the vicinity within the zoning district;

(5)

The use meets the landscaping requirements as applied to triplex developments;

(6)

The size of the lot on which the duplex use is to be located has not decreased since the lot became nonconforming for anything other than a single-family dwelling by the action of the owner.

(Code 1983, § 22-105.1; Ord. No. I-128, § 1, 9-3-1985; Ord. No. 19-044, § 5, 11-4-2019)

The purpose of a variance is to allow a modification of certain zoning ordinance regulations when such modification will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance provisions would result in unnecessary and undue hardship. Unnecessary and undue hardships may result from the size, shape or dimensions of a site; the location of existing structures on the site; geographic, topographic or physiographic features or other conditions on the site or in the immediate vicinity; or street locations or traffic conditions in the immediate vicinity.

(Code 1983, § 22-106; Ord. No. H-186, § 30-106, 6-15-1981)

The board of adjustment and city commission may authorize a variance from the regulations governing the height, area and size of structures and size of yards and open spaces only when consistent with the purpose of this article, this section and the criteria in section 125-100. In granting a variance, the board of adjustment and city commission may prescribe appropriate conditions and safeguards which it finds necessary to protect the best interests of the surrounding property or vicinity and otherwise achieve the purpose of this chapter. Guarantees and evidence may be required that such conditions will be and are being complied with. The concurring vote of a majority of the board of adjustment and city commission is required:

(1)

To grant or disapprove a variance;

(2)

To allow the establishment or expansion of a use of property for a purpose not authorized within the zone in which the property is located;

(3)

Due to nonconformities in any district or to a permitted use of lands, structures or buildings in an adjoining zoning district;

(4)

When a previous request for a variance has been denied by the board of adjustment or city commission and there has been no material change of circumstances since the previous application; or

(5)

To reverse any decision of the planning director.

(Code 1983, § 22-107; Ord. No. H-186, § 30-107, 6-15-1981; Ord. No. 19-044, § 6, 11-4-2019)

A variance may be granted only in the event that all of the following criteria are satisfied:

(1)

Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district;

(2)

The special conditions and circumstances do not result from the actions of the applicant;

(3)

The literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would result in unnecessary and undue hardship on the applicant;

(4)

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and

(5)

The granting of the variance will be in harmony with the general intent and purpose of the ordinance codified in this section and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(Code 1983, § 22-108; Ord. No. H-186, § 30-107, 6-15-1981)

An application for a variance may be made by the property owner of the area involved or their designated representative by filing an application with the planning department. The application will specify the nature of the variance and the reasons for the variance. It will be in the form prescribed by the rules of this chapter. The application will also be accompanied by plans, containing information specified in section 125-36. The planning director, board of adjustment, and city commission may request other drawings or information necessary for an understanding of the request.

(Code 1983, § 22-110; Ord. No. H-186, § 30-110, 6-15-1981; Ord. No. 19-044, § 8, 11-4-2019)

An appeal for a variance stays all proceedings in furtherance of the action appealed from, unless the planning director certifies to the board of adjustment after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, a stay would, in the director's opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment, on notice to the planning director, and on due cause shown.

(Code 1983, § 22-111; Ord. No. H-186, § 30-111, 6-15-1981; Ord. No. 19-043, § 5, 11-4-2019; Ord. No. 19-044, § 9, 11-4-2019)

(a)

The planning department will prepare a staff report which presents any inconsistencies found between the requested variance and zoning ordinance requirements and will submit it to the board of adjustment.

(b)

Before the board of adjustment may act on an application for a variance or a special exception or an appeal from the decision of the planning director, it will hold a public hearing within 30 days of the filing of the application and in accordance with the provisions of section 125-38. The board of adjustment will review the request and staff report at the public hearing.

(c)

Within 35 days of the public hearing, except the board of adjustment with good cause demonstrated may allow an extension of time, the board of adjustment will determine whether the evidence supports a finding that the requirements of the zoning ordinance and other city laws have been met. It will approve, approve with conditions or disapprove the application accordingly.

(d)

The board of adjustment's decision will be sent by mail to the applicant within five working days of the action.

(Code 1983, § 22-112; Ord. No. H-186, § 30-112, 6-15-1981; Ord. No. I-98, §§ 1—3, 1-7-1985; Ord. No. 19-043, § 6, 11-4-2019; Ord. No. 19-044, § 10, 11-4-2019)

Compliance with conditions established for a variance and adherence to the submitted plans, as approved, is required. Any departure from these conditions of approval and approved plans constitutes a violation of this chapter. A change in tenancy, ownership or management of a use which remains otherwise unchanged will not affect the status of a variance nor be interpreted to permit a departure from the conditions of approval and the approved plans.

(Code 1983, § 22-113; Ord. No. H-186, § 30-113, 6-15-1981)

Authorization of a variance shall be void after one year or such lesser time as the authorization may specify unless substantial construction has taken place. However, when requested, the board of adjustment may extend authorization for an additional period not to exceed one year.

(Code 1983, § 22-114; Ord. No. H-186, § 30-114, 6-15-1981)

Applications for which a substantially similar application has been disapproved will be heard by the board of adjustment only after a period of six months has elapsed from the date of the final decision.

(Code 1983, § 22-115; Ord. No. H-186, § 30-115, 6-15-1981; Ord. No. 19-044, § 11, 11-4-2019)

A valid variance supersedes conflicting provisions of subsequent rezonings or amendments to this chapter unless specifically provided otherwise by the provisions of this section or the conditions of approval for the variance.

(Code 1983, § 22-116; Ord. No. H-186, § 30-116, 6-15-1981)

Within 20 days of the written decision of the board, an aggrieved party may appeal the decision by filing a written notice of appeal and an appeal fee in the amount established by resolution with the city clerk. The notice of appeal shall state the decision which is being appealed, the grounds for the appeal, and a brief summary of the relief which is sought. Within 60 days of the filing of the appeal or the first regular city commission meeting which is scheduled, whichever is later in time, the city commission shall conduct a public hearing at which time they may affirm, modify, or reverse the board's decision. The decision of the city commission shall constitute final administrative review, and no petition for rehearing or reconsideration shall be considered by the city. Nothing contained herein shall preclude the city commission from seeking additional information prior to rendering a final decision. The decision of the city commission shall be in writing and a copy of the decision shall be forwarded to the board and the appealing party.

(Ord. No. 19-044, § 12, 11-4-2019)

Periodically, as local goals and opinions change and new information is obtained, the zoning ordinance should be updated. The purpose of the zoning amendment process is to provide a method for carefully evaluating potential changes to ensure that they are beneficial to the city.

(Code 1983, § 22-125; Ord. No. H-186, § 30-125, 6-15-1981)

Whenever the public necessity, general welfare, good zoning practice and the comprehensive plan justify such action, and after consideration by the city planning board, the city commission may, by ordinance, change the regulations set forth in this chapter and may change the zoning districts as established on the district map.

(Code 1983, § 22-125; Ord. No. H-186, § 30-125, 6-15-1981)

A proposed change of district or text may be initiated by the city commission, the city planning board or by petition of one or more of the property owners or affected residents within the area proposed to be changed or affected by a change in the district map or text. Application shall be in writing, on forms provided therefor by the city, and shall specify the nature and extent of the change desired and reasons for seeking the change. It shall be filed in the planning department, and if a change in the zoning atlas is sought, there shall in addition be filed a legal description of the property.

(Code 1983, § 22-127; Ord. No. H-186, § 30-127, 6-15-1981)

The following procedure shall apply to amendment of the text of the zoning atlas:

(1)

The department of planning and development shall refer the application to the city planning board together with a staff report which notes any inconsistency between the proposed amendment and the comprehensive plan or this chapter.

(2)

The city planning board will review the proposed amendment within 45 days of the filing except that it may provide for a reasonable extension of time within which to consider the amendment upon a showing of good cause.

(3)

The city planning board will recommend approval, modified approval or disapproval of the proposed amendment, and its recommendations with the proposed amendment shall then be submitted to the city commission. Prior to acting on the proposed amendment, the city commission will hold a public hearing in accordance with the provisions of section 125-37.

(4)

In the event the city planning board recommends disapproval, such amendment shall not become effective except by a four-fifths vote by the city commission.

(Code 1983, § 22-128; Ord. No. H-186, § 30-128, 6-15-1981; Ord. No. 20-006, § 3, 3-16-2020)

The planning director shall maintain records of amendments to the text of the zoning ordinance or the zoning atlas.

(Code 1983, § 22-129; Ord. No. H-186, § 30-129, 6-15-1981)

No application of a property owner or representative for an amendment to the text of the zoning ordinance or the zoning atlas shall be considered by the city commission or city planning board within a period of six months immediately following a previous denial of a substantially similar request.

(Code 1983, § 22-130; Ord. No. H-186, § 30-130, 6-15-1981)

Before an amendment is approved, findings will be made that the following standards are satisfied:

(1)

The amendment is consistent with the comprehensive plan;

(2)

The amendment will not have an adverse effect on the ability of the city to:

a.

Satisfy land and water use needs;

b.

Meet transportation demands and provide community facilities and services.

(3)

The amendment will promote and protect the public health, safety and general welfare.

(Code 1983, § 22-131; Ord. No. H-186, § 30-131, 6-15-1981)