Henderson City Zoning Code

PROCESSES

Sec. 153-225.- Introduction to processes.

The following processes are allowed.

(a)

Permanent construction, installation, addition, alteration, or relocation of a structure. A project that involves constructing, installing, adding onto, altering, or relocating a permanent building or structure, including primary and accessory structures, shall utilize the following applicable process for approval.

(1)

Improvement location permits. Projects that are in full compliance with the applicable regulations shall be issued an improvement location permit authorizing the project to begin. See § 153-226 for details about this process. This process section applies to the following zoning districts:

(2)

Development plans. Projects that are in full compliance with the applicable regulations and that meet the development plan requirements as determined by the planning and zoning commission shall be issued an improvement location permit authorizing the project to begin. See § 153-229 for details about this process. This process section applies to the following zoning districts:

(b)

Permanent alteration to the land. A project that involves permanently altering the topography, drainage, floodplain, or environmental features shall have the project reviewed for compliance with the zoning ordinance. Projects determined to be in full compliance with the applicable regulations will be issued an improvement location permit authorizing the project to begin. See § 153-226 for details about this process. This process section applies to all zoning districts.

(c)

Temporary use of land or structure. A project that involves establishing a temporary use or installing a temporary structure shall have the project reviewed for compliance with the zoning ordinance. Projects determined to be in full compliance with the applicable regulations shall be issued a temporary improvement location permit authorizing the project to begin. See § 153-227 for details about this process.

(d)

Establish a new land use or change an existing land use. Establishing an initial land shall require an improvement location permit or development plan approval. However, changing an existing land use, when an improvement location permit or development plan approval is otherwise not required shall be in compliance with the zoning ordinance, but shall not require a permit or review process. However, any change of use that is not permitted shall constitute a violation of the zoning ordinance and enforcement measures and penalties shall apply.

(e)

Special Exception use. An application for a special exception use may be filed for a land use classified as a special exception use in sections 153-20 through 153-56 for the subject zoning district. The board of adjustments shall utilize a specific public hearing and procedural findings to determine whether the land use is appropriate for the specific parcel named in the application. See § 153-234 for details about this process.

(f)

Change to a different zoning district. An application for a rezoning may be filed for a lot to be changed from its existing zoning district to a different zoning district. The planning and zoning commission shall utilize a specific public hearing to review the proposed change in zoning. The planning and zoning commission shall then forward a recommendation to the Henderson city council for final action. Approval or denial is the full discretion of the Henderson city council. See § 153-236 for details about this process.

(g)

Planned development. This elective process allows the developer to propose a site-specific regulatory ordinance that partially replaces the zoning ordinance to allow greater design flexibility. Applications for planned development are reviewed and approved by a combination of the planning and zoning commission and city council, and approval or denial is the full discretion of the city council. See § 153-230 for details about this process. This process section only applies to the following zoning districts:

(h)

Processes for relief from regulations and administrative decisions. This process section applies to all zoning districts, except a planned development district.

(1)

Administrative appeal. An application for administrative appeal of a decision, interpretation, order, determination, or action of the zoning administrator to be overturned or corrected shall be reviewed by the board of adjustments. The board of adjustments may allow the zoning administrator's interpretation to stand or may overturn or correct any zoning administrator's decision, interpretation, order, determination, or action. See § 153-228 for details about this process.

(2)

Variance from development standards. An application for a variance from development standards may be filed so that an applicable development standard may be partially or fully waived by the board of adjustments. The board of adjustments may grant a variance from development standards upon making specific findings of fact, with or without, conditions or commitments. See § 153-235 for details about this process.

(3)

Variance of use. An application for a variance of use may be filed so that a use that is not permitted in a district be permitted by the board of adjustments. The board of adjustments may grant a variance of use upon making specific findings of fact, with or without conditions or commitments. See § 153-235 for details about this process.

(4)

Administrative interpretation. An application for an administrative interpretation may be filed with the zoning administrator requesting an interpretation of a permitted use or special exception use when a very similar land use is being proposed, but is not specifically listed as either permitted use or a special exception use.

(Ord. passed 5-18-2017)

Sec. 153-226. - Improvement location permit.

This process applies to the following zoning districts:

(a)

Applicability. An improvement location permit shall be required prior to permanent construction, installation, addition, alteration, or relocation of a structure; prior to permanent alteration to the land; and prior to establishment of a new land or change an existing land use. The following are examples of projects necessitating an improvement location permit process.

Constructing a dwelling unit	Constructing a detached garage
Establishing an initial land use	Constructing or modifying off-street parking
Constructing or altering a fence	Room addition on a house
Installing a new driveway	Installation of a dwelling unit, manufactured
Installing a swimming pool	Construction a pool house
Constructing or installing a carport	Constructing a deck and patio over 90 square feet
Installing a permanent sign	Installing a well or septic system
Modifying a structure's height	Constructing a recreation pond
Adding impervious surface	Installation of a mini-barn over 90 square feet in area

(b)

Exemption from improvement location permit. This exemption is only from having to obtain an improvement location permit. It is NOT an exemption from having to meet all applicable regulations (e.g., minimum setbacks and maximum height) in the zoning ordinance. Any project exempt from having to acquire an improvement location permit that is in violation of the zoning ordinance is subject to sections 153-250 through 153-266. The following instances are exempt from having to obtain an improvement location permit.

(1)

Projects that require a temporary improvement location permit. A project that requires a temporary improvement location permit shall be exempt from obtaining an improvement location permit.

(2)

Small structures. An accessory structure that is 90 square feet or less in area is exempt from obtaining an improvement location permit.

(3)

Softscaping and hardscaping. Installing trees, shrubs, plants, and flowers; applying mulch or soil enhancers; raising of planting beds around foundations; and installing accent hardscaping (e.g., stone steps, stone edging, and small retaining walls) is exempt from obtaining an improvement location permit as long as there is no adverse affect to the flow of surface water.

(4)

Deck or patio. A deck or patio installed individually or cumulatively that is 90 square feet or less in area over the entire lot is exempt from obtaining an improvement location permit.

(5)

Sign content change. Sign content, including changing a sign face with the same material, may be changed without having to receive an improvement location permit.

(6)

Flag pole. Flag poles may be installed without obtaining an improvement location permit.

(7)

Play set. Play sets may be installed without obtaining an improvement location permit.

(8)

Type 1 home business. Type 1 home businesses may commence without obtaining an improvement location permit.

(9)

Property maintenance. Maintenance and repairs to the existing structure or site features may commence without obtaining an improvement location permit.

(10)

Replacing light fixtures. Existing light fixtures and bulbs may be replaced without obtaining an improvement location permit. However, replacement lighting fixtures shall not violate § 153-160, commitments, or conditions of the development's approval, or any other standards within the zoning ordinance.

(11)

Agricultural crops and raising of animals. Any property being solely used for agricultural crops or raising of farm animals shall be exempt from development plan approval.

(12)

Agricultural structures. An unoccupiable agriculture-related storage-based accessory structures under 1,000 square feet, shall be exempt from obtaining an improvement location permit.

(c)

Cross reference.

(1)

Building permit. An improvement location permit does not authorize compliance with building codes. Concurrent to having a project reviewed for compliance with the zoning ordinance most projects with any type of occupiable building will also have to be reviewed for compliance with the Building Code. The review for compliance with the Building Code is conducted by the building official and is a separate process from the improvement location permit.

(2)

Stormwater permit. An improvement location permit does not authorize compliance with the Henderson Stormwater Management Ordinance.

(3)

Other permits. An improvement location permit does not authorize compliance with any Rusk County, state or federal permits. It is the responsibility of the property owner to acquire any other required permits prior to making any improvement.

(d)

Filing requirements.

(1)

Application. Application for an improvement location permit shall be made on a form provided by the zoning administrator. The following information shall be provided on the application form.

(a)

Property owner's name, mailing address, phone number and/or email address.

(b)

Applicant's name, mailing address, phone number, and/or email address, if different than owner.

(c)

Written detailed description of the proposed project.

(d)

Date submitted and signed.

(e)

Signature of the applicant, testifying that they are authorized to represent the property.

(f)

Any other information requested on the application form.

(2)

For permanent construction, installation, addition, alteration, or relocation of a structure. The following supporting information, as applicable, shall be provided on a site plan, application form, or as an attachment.

(a)

Projects involving non-inhabitable structures not mounted on a permanent foundation. The zoning administrator may waive any of the below listed submittal requirements when they clearly are not necessary for a thorough review and proper documentation of the project on the subject property.

A scale drawing of the parcel with dimensions.

The building envelope (i.e., the resulting developable area after applying setbacks).

The location of existing structures (e.g., home, garage, sidewalk, driveway, etc.).

The location of the proposed structure.

A calculation of the existing lot coverage, expressed in a percentage.

A calculation of the lot coverage as it would be upon completing the project, expressed in a percentage.

A statement indicating whether the proposed structure is located partially or fully within a floodplain or easement.

(b)

Projects involving non-inhabitable structures mounted on a permanent foundation. The zoning administrator may waive any of the below listed submittal requirements when they clearly are not necessary for a thorough review and proper documentation of the project on the subject property.

All requirements of division (d)(2)(a) of this section.

Existing adjacent right-of-ways, street easements or alley easements, and the name of the street or alley if applicable.

Easements on the parcel or adjacent to the parcel, including the name of the easement holder and a description of the terms of the easement.

Denotation of any existing structure on adjacent parcels if within 20 feet of the subject property's property line.

(c)

Projects involving inhabitable buildings. The zoning administrator may waive any of the below listed submittal requirements when they clearly are not necessary for a thorough review and proper documentation of the project on the subject property.

All requirements of divisions (d)(2)(a) and (d)(2)(b) of this section.

Denotation of the location of mature trees, greater than nine inches in DBH.

Elevation above sea level at the location of the project prior to alteration of land.

Certification by a licensed engineer or surveyor that the proposed project is not on or within 30 feet of a floodplain or wetland boundary.

Denotation of adjacent zoning districts if different than the subject property.

Certification by a licensed engineer that the soils are suitable to support the weight of the structure.

Location of existing or proposed drainage swales, ditches or underground tile.

Denotation of where utilities lines will be run to the building and whether they are above or below grade.

Location of an existing septic system, reserved area for a replacement septic system, existing well, or existing or new geothermal loop.

10.

Denotation of any existing structure on adjacent parcels if within 50 feet of the subject parcel's property line.

(d)

Complex or unique projects. The zoning administrator may require any additional information if reasonably necessary to determine if a complex or unique project complies with the provisions of this zoning ordinance.

(3)

For permanent alteration to the land. The following supporting information, when applicable, shall be provided on a site plan, application form, or as an attachment. The zoning administrator may waive or reduce any of the below listed submittal requirements when they clearly are not necessary for a thorough review and proper documentation of the project on the subject property.

(a)

Projects that involve disturbing more than 5 percent of a parcel's area on a parcel less than five acres in area, or disturbing any portion of a site greater than five acres, or that results in more than 9,000 cubic feet of soil being disturbed (cumulative of soil added from one area and soil removed from another, not the net of soil added and removed).

A scale drawing of the subject property with dimensions.

The location of existing structures (e.g., building, sidewalk, driveway).

Denotation of existing mature trees, greater than nine inches in DBH.

Denotation of floodplains, wetlands, natural lakes, streams, regulated drains, retention ponds, detention ponds, known drainage tile, inlets, outlets, monuments or markers, and drainage swales on the parcel and within 50 feet of the parcel's property lines.

Two-foot contour lines of the existing parcel.

Two-foot contours showing the parcel's contours as it would be upon completing the proposed project.

Erosion control methodology, devices, locations, and maintenance strategy.

Drainage evaluation of the existing parcel and as it would be upon completion of the proposed project with a characterization of the change to drainage onto adjacent properties, into drainage tile, or into surface water ways.

Design cross-section of recreational ponds.

(4)

For establishment of an initial land use. The following supporting information shall be provided on a site plan, application form or as an attachment. The zoning administrator may waive or reduce any of the below listed submittal requirements when they clearly are not necessary for a thorough review and proper documentation of the project on the subject property.

(a)

Description of the proposed initial land use.

(b)

Detailed description of how the initial land use will affect parking, average daily trips, courier service, building alterations inside and outside, use of outdoor areas, use of accessory structures and number of employees.

(5)

Deadline. Applications for an improvement location permit may be filed at any time.

(6)

Fees. The applicable fee from the city's Master Fee Schedule shall be paid at the time the application for improvement location permit is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review an improvement location permit application that the city does not have adequate proficiency may constitute hiring a professional to conduct the review or portions thereof at the expense of the applicant and as per the city's Master Fee Schedule.

(e)

Permit procedure.

(1)

Substantially complete application. An application for an improvement location permit shall not be reviewed for approval until it is determined to be substantially complete by the zoning administrator. The zoning administrator shall first verify that the application form and any required supplemental information has been submitted correctly, and the applicable application fee has been paid.

(2)

Review the project's compliance. After the application has been verified as being substantially complete, the zoning administrator shall review the project to determine whether it complies with the zoning ordinance. The zoning administrator may consult with other Henderson staff, or any other person, department, or group to determine if the project complies with all of the provisions of the zoning ordinance. During the review process, the zoning administrator may.

(a)

Request additional information. During the process of rendering a decision, the zoning administrator may request additional information deemed necessary to determine whether the project complies with the zoning ordinance.

(b)

Exercise discretion. Some provisions within the zoning ordinance allow the zoning administrator to apply discretion to a decision. If such discretion is exercised, the zoning administrator shall describe the decision and cite the authority for that discretion.

(c)

Interpret the zoning ordinance. Because the zoning ordinance cannot address every possible unique situation, project features, or land use, the zoning administrator may interpret the intent of the zoning ordinance when a situation is not specifically addressed.

(3)

Render a decision. The zoning administrator shall render a "decision to deny" or "decision to approve" based on the information submitted, project review, discretion exercised and interpretations made.

(4)

Issuing an improvement location permit. If the proposed project complies with the zoning ordinance, the zoning administrator shall render a decision to approve, document the terms of the approval on the permit, and then issue an improvement location permit. The zoning administrator shall also issue a placard to the applicant. The placard is to be posted in a conspicuous place on the subject property for the duration of the project.

(5)

Decision to deny an improvement location permit. If the proposed project does not comply with the zoning ordinance, the zoning administrator shall not issue an improvement location permit. The zoning administrator shall document the reasons for not issuing an improvement location permit and send that information to the applicant by email or U.S. Mail, or by telephone. If an email is used to communicate denial, documentation that the email was received shall be included in the file. Similarly, if a phone call is used to communicate denial, documentation of the phone call shall be included in the file.

(6)

Allowance for revision prior to a decision. At the discretion of the zoning administrator, deficiencies may be communicated to the applicant and then the applicant may be permitted to modify the site plan, application form, or attachments prior to a decision by the zoning administrator.

(7)

Allowance for revision after a decision. After a decision to deny, the applicant may promptly revise the site plan, application form, and/or attachment in order to comply with the zoning ordinance without terminating the process. The applicant may submit revisions up to two times within 30 days from the decision to deny, after said limitation, a full reapplication would be required.

(8)

Pursuit of relief. After a decision to deny, the applicant may promptly pursue an administrative appeal, variance from development standards, special exception or variance of use. During an appeal for relief, the application for improvement location permit shall be suspended until the board of adjustments rules on the matter.

(f)

Duration.

(1)

Procedural expiration. An application for an improvement location permit shall expire and be void after the applicant is notified of a decision to deny unless the applicant makes revisions to the application or pursues relief through the board of adjustments within 30 days from notification.

(2)

Commencement. After an improvement location permit is issued, the project shall commence within 12 months of the issuance date or the improvement location permit shall become null and void.

(3)

Expiration. After an improvement location permit is issued, the project shall be completed within two years of the issuance date or the improvement location permit shall become null and void.

(4)

Extensions. Upon request by the applicant, an improvement location permit may be extended one time for up to 12 months. The zoning administrator may grant the requested extension if reasonable attempts are being made to complete the project. Both the request for the extension and the zoning administrator's decision concerning the extension shall be made part of the improvement location permit file.

(g)

Modification after issuance of an improvement location permit. At the discretion of the zoning administrator, an improvement location permit may be modified if.

(1)

Warranted. Warranted due to discoveries during construction or other significant finding, and

(2)

Requested prior to initiation. Requested prior to construction, installation, addition, alteration, or relocation of a structure; prior to alteration to the land; and prior to establishment of a new land or change an existing land use.

or if:

(1)

Warranted. Warranted due to discoveries during construction or other significant finding,

(2)

Component is not completed. Requested prior to the applicable component of the project being completed, and

(3)

Not correcting a violation. The modification is not an attempt to correct a violation.

(h)

Modifications. If a modification is allowed, the zoning administrator shall request any necessary information, shall review the modification for its compliance to the zoning ordinance, and then render a decision. If the proposed modification meets the provisions of the zoning ordinance the improvement location permit may be amended and filed. If the modification is denied for non-compliance with the zoning ordinance, the modification shall be disallowed.

(i)

Record of improvement location permit. Records of improvement location permits that were approved or denied pursuant to this section shall be kept on file and shall be available as public record.

(Ord. passed 5-18-2017)

Sec. 153-227. - Temporary improvement location permit.

This process applies to the following zoning districts:

(a)

Applicability. A temporary improvement location permit shall be required prior to establishment of a temporary use of land or structure. The following are examples of projects necessitating a temporary improvement location permit process.

• Temporary sign	• Tent sale
• Sidewalk sale	• Construction trailer
• Model home

(b)

Filing requirements.

(1)

Application. Application for a temporary improvement location permit shall be made on a form provided by the zoning administrator. Supporting information shall be submitted as per all applicable requirements described below.

(2)

Establishment of a temporary use of land or temporary structure. The following application and supporting information, when applicable, shall be provided on a site plan, application form, or as an attachment. The zoning administrator may waive or reduce any of the below listed submittal requirements when they clearly are not necessary for a thorough review and proper documentation.

(a)

Property owner's name, mailing address, phone number and/or email address.

(b)

Applicant's name, mailing address, phone number, and/or email address, if different than owner.

(c)

Written detailed description of the proposed activity and/or structure.

(d)

Date submitted and signed.

(e)

Signature of the applicant, testifying that they are authorized to represent the property.

(f)

Any other information requested on the application form.

(g)

A drawing of the subject property with dimensions.

(h)

The location of existing structures (e.g., building, parking lot, sidewalk, driveway, etc.).

(i)

The location of the proposed temporary structure.

(j)

The applicable setbacks shown on drawing of the subject property.

(k)

Description of the desired duration of the temporary structure and/or land use.

(l)

An affidavit stating the proposed temporary structure will not impede drainage, sight visibility, vehicular circulation, pedestrian circulation or an emergency exit.

(3)

Deadline. Applications for a temporary improvement location permit may be filed any time.

(4)

Fees. The applicable fee from the city's Master Fee Schedule shall be paid at the time the application for temporary improvement location permit is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a temporary improvement location permit application that the city does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's Master Fee Schedule.

(c)

Permit procedure.

(1)

Substantially complete application. An application for a temporary improvement location permit shall not be reviewed for approval until it is determined to be substantially complete by the zoning administrator. The zoning administrator shall first verify that the application form and required supplemental information has been submitted correctly, and the applicable application fee is paid.

(2)

Review the project's compliance. After the application is verified as being substantially complete, the zoning administrator shall review the project to determine whether it complies with the zoning ordinance. The zoning administrator may consult with other Henderson staff, or any other person, department, or group to determine if the project complies with all of the provisions of the zoning ordinance. During the review process, the zoning administrator may.

(a)

Request additional information. During the process of rendering a decision, the zoning administrator may request additional information to be added to the site plan, application form, or attachments.

(b)

(c)

Interpret the zoning ordinance. Because the zoning ordinance cannot address every possible unique situation, project features or land use, the zoning administrator may interpret the intent of this zoning ordinance when not specifically addressed.

(3)

(4)

Issuing a temporary improvement location permit. If the proposed project complies with this zoning ordinance the zoning administrator shall render a decision to approve, document the terms of the approval on the permit (e.g., maximum time frame) and then issue a temporary improvement location permit.

(5)

Decision to deny. If the proposed project does not comply with the zoning ordinance, the zoning administrator shall not issue a temporary improvement location permit. The zoning administrator shall internally document the reasons for not issuing a temporary improvement location permit and send that information to the applicant by email, U.S. Mail or by telephone. If an email is used to communicate denial, documentation that the email was received shall be included in the file. Similarly, if a phone call is used to communicate denial, documentation of the phone call shall be included in the file.

(6)

Allowance for revision prior to a decision. Not applicable.

(7)

Allowance for revision after a decision to deny. After a decision to deny, the applicant may promptly revise the site plan, application form, and/or attachment in order to comply with the zoning ordinance without terminating the process.

(8)

Pursuit of relief. After a decision to deny, the applicant may promptly pursue an administrative appeal or variance from development standards or variance from use standards. During an appeal for relief, the application for a temporary improvement location permit shall be suspended until the board of adjustments rules on the matter.

(d)

Duration.

(1)

Procedural expiration. An application shall expire and be void after the applicant is notified of a decision to deny unless the applicant makes revisions to the application or pursues relief from the board of adjustments within 30 days from notification.

(2)

Commencement. After a temporary improvement location permit is issued, the permit shall expire after the last approved date for the temporary use and/or temporary structure.

(3)

Permit expiration. A temporary improvement location permit shall be issued for the dates requested by the applicant and per the zoning ordinance limits as described in sections 153-190 through 153-193. The permitted dates shall be displayed on the temporary improvement location permit.

(4)

Extensions. Not applicable.

(e)

Modification after issuance of a temporary improvement location permit. Not applicable.

(Ord. passed 5-18-2017)

Sec. 153-228. - Administrative appeal.

(a)

Applicability. An administrative appeal applies to an applicant or interested party that wants a decision, interpretation, order, determination, or action of the zoning administrator or Enforcement Official to be overturned or corrected by the board of adjustments. Any decision, interpretation, order, determination, or action of the planning and zoning commission shall not be the subject of an administrative appeal.

(b)

Filing requirements.

(1)

Application. An application for administrative appeal shall be made on a form provided by the zoning administrator. Supporting information shall be submitted as per the requirements described below.

(2)

Information to be submitted. The following information shall be provided on the application form.

(a)

Applicant's name, mailing address, phone number, and/or email address.

(b)

Applicant's standing (i.e., legal right to initiate an application).

(c)

The zoning administrator or enforcement official that rendered the decision, interpretation, order determination, or action.

(d)

Written statement describing the administrative decision, interpretation, order, determination or action; and the reason and facts supporting action by the board of adjustments.

(e)

Date submitted and signed.

(f)

Signature of the applicant.

(g)

Any other information requested on the application form.

(3)

Deadline. An application for an administrative appeal shall be filed with the board of adjustments within 30 days of the decision, interpretation, order, determination, or action that is the subject of the appeal.

(4)

Suspension of work. Work related to the decision, interpretation, order, determination or action being appealed shall be suspended until the administrative appeal is complete, or until the board of adjustments authorizes full or partial work to resume prior to a board of adjustments decision.

(5)

Fees. The applicable fee shall be paid at the time the application for administrative appeal is filed.

(c)

Appeal procedure.

(1)

Substantially complete application. An application for an administrative appeal shall not be issued a case number or be scheduled for hearing before the board of adjustments until it is determined to be substantially complete by the zoning administrator. The zoning administrator shall verify that the application form and required supplemental information has been submitted correctly, and the applicable application fee is paid.

(2)

Assignment. Once an application for an administrative appeal has been determined substantially complete, the zoning administrator shall assign a case number and place the appeal on the agenda of the board of adjustments. The zoning administrator shall inform the applicant, in writing, of the date and time of the board of adjustments meeting at which the appeal is to be heard.

(3)

Public and interested party notice. The zoning administrator shall be responsible for providing public notice in accordance with the board of adjustments Rules of Procedure.

(4)

Transfer of information.

(a)

The zoning administrator shall provide the applicant for an administrative appeal any information which is being conveyed to the board of adjustments in preparation for the meeting.

(b)

The zoning administrator or Enforcement Official that is the subject of the appeal shall transmit the documents, plans, and papers constituting the record regarding the case to the board of adjustments.

(c)

The zoning administrator or the Enforcement Official that is the subject of the appeal may provide a written report explaining the final decision or action related to the case.

(5)

Review. The board of adjustments shall hear the administrative appeal at a regularly scheduled public meeting. The board of adjustments may consider information conveyed to them in writing and testimony during the hearing in making a decision.

(6)

Decision. Following the hearing and review, the board of adjustments may affirm, overturn, or modify the decision, interpretation, order, determination, or action of the zoning administrator or Enforcement Official. The board of adjustments may also add conditions to its decision when warranted.

(7)

Appeal. Any person aggrieved by the decision of the board of adjustments may appeal such decision to a court of jurisdiction.

(Ord. passed 5-18-2017)

Sec. 153-229. - Development plan.

(a)

Applicability. This process applies to the following zoning districts:

(1)

General. Development plan approval shall be required prior to an improvement location permit being issued for.

(a)

Permanent construction, installation, addition, alteration, or relocation of a structure,

(b)

Establishment of an initial land use, and

(c)

Permanent alteration to the land.

(b)

Exemptions from development plan.

(1)

Single-family detached residential. Any lot being developed for a single-family detached residence or its accessory structures shall be exempt from development plan approval. Only the improvement location permit process shall apply.

(2)

Temporary use or temporary structure. Any permitted temporary use or temporary structure shall be exempt from development plan approval. Only the improvement location permit process shall apply.

(3)

Changing an existing land use. Changing an existing land use shall be exempt from development plan approval. Only an administrative interpretation shall be required.

(4)

Additions or alterations. To a commercial structure 50 percent or less of the existing square footage.

(c)

Filing requirements.

(1)

Application. Application for development plan approval shall be made on a form provided by the zoning administrator. The following information shall be provided on the application form.

(a)

Property owner's name, mailing address, phone number and/or email address.

(b)

Applicant's name, mailing address, phone number, and/or email address, if different than owner.

(c)

Written detailed description of the proposed project.

(d)

Date submitted and signed.

(e)

Signature of the applicant, testifying that they are authorized to represent the property.

(f)

Any other information requested on the application form.

(2)

For establishing the initial land use. The following supporting information, as applicable, shall be provided on an application form and/or as an attachment. The zoning administrator may waive or relax any of the below listed submittal requirements when they clearly are not necessary for a thorough review and proper documentation of the initial land use on the subject property.

(a)

A detailed description of the desired land use.

(b)

Whether the use is conducted fully or partially outside of a building, and if so, indicate the areas the use will be limited to on the subject lot; on a scaled drawing.

(c)

Description of any anticipated ancillary uses.

(d)

Recognition that it is a violation of the zoning ordinance to modify or establish a new land use that is not permitted in the applicable zoning district.

(3)

(a)

Projects involving non-inhabitable structures not mounted on a permanent foundation. The zoning administrator may waive or relax any of the below listed submittal requirements when they clearly are not necessary for a thorough review and proper documentation of the project on the subject property.

A scale drawing of the subject property with dimensions.

Where the property gains access to a public street.

The subject property's building envelope (i.e., the resulting developable area after applying all minimum setbacks).

The location of existing structures (e.g., home, garage, sidewalk, fence or driveway).

The location of the proposed structure.

A calculation of the existing lot coverage, expressed in a percentage.

A calculation of the lot coverage as it would be upon completing the project, expressed in a percentage.

A statement indicating whether the proposed structure is located partially or fully within a floodplain or easement.

(b)

Projects involving non-inhabitable structures mounted on a permanent foundation. The zoning administrator may waive or relax any of the below listed submittal requirements when they clearly are not necessary for a thorough review and proper documentation of the project on the subject property.

All requirements of division (c)(3)(a) of this section.

Existing adjacent right-of-ways, street easements or alley easements and the name of the street.

Easements on or adjacent to the subject property, including the type of easement holder, what entity uses the easement, and a description of the limitations the easement applies.

Depiction of any existing structure on adjacent parcels if within 50 feet of the subject property's property line.

(c)

Projects involving inhabitable buildings. The zoning administrator may waive or relax any of the below listed submittal requirements when they clearly are not necessary for a thorough review and proper documentation of the project on the subject property.

All requirements of division (c)(3)(b) of this section.

Location of mature trees, greater than nine inches DBH.

Elevation above sea level at the location of the building prior to alteration of land.

Certification by a licensed engineer or surveyor that the proposed project is not on or within 50 feet of a floodplain or wetland boundary.

Identification of adjacent property's zoning districts if different than the subject property.

Certification by a licensed engineer or surveyor that the soils are suitable to properly support the weight of the structure and its intended use.

Location of existing or proposed drainage swales, ditches or underground tile.

Denotation of where utilities lines will be run to the building and whether they are above or below grade.

Location of an existing septic system, existing well, or existing or new geothermal loop.

10.

Denotation of any existing structure on adjacent parcels if within 75 feet of the subject parcel's property line.

(d)

(4)

For permanent alteration to the land. The following supporting information, as applicable, shall be provided on a site plan, application form and/or as an attachment. The zoning administrator may waive or relax any of the below listed submittal requirements when they clearly are not necessary for a thorough review and proper documentation of the project on the subject property.

(a)

Projects that involve disturbing more than 5 percent of a parcel's area on a parcel less than five acres in area, or disturbing any portion of a site greater than five acres, or that results in more than 9,000 cubic feet of soil being disturbed (cumulative amount of soil added from one area and soil removed from another, not the net of soil added and removed).

A scale drawing of the subject property with dimensions.

The location of existing structures (e.g., building, sidewalk, driveway, lighting or fencing).

Location of mature trees, greater than nine inches DBH.

Location of floodplains, wetlands, rock formations, natural ponds, streams, regulated drains, retention ponds, detention ponds, known drainage tile, inlets, outlets, monuments or markers and drainage swales on the subject property and within 75 feet of the parcel's property lines.

Two-foot contour lines of the pre-development subject property.

Two-foot contours showing the property's contours as it would be upon completing the proposed project.

Stormwater and erosion control methodology, devices, locations and maintenance strategy during the alteration process.

Post-improvement stormwater strategy, design and devices and as it would be upon completion of the proposed project with a characterization of the change to drainage onto adjacent properties, into drainage tile, or into surface water ways.

Design cross-section of recreational ponds.

(5)

Deadline. Two hard copies of the application for development plan approval; two hard copies of all supporting information; one digital copy of the application for development plan approval and supporting information in .pdf (portable document format); and one digital copy of any drawings or plans in .dwg format shall be submitted to the zoning administrator at least 21 days prior to the public meeting at which the improvement is first to be considered by the planning and zoning commission.

(6)

Fees. The applicable fee from the city's Master Fee Schedule shall be paid at the time the application for development plan approval is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a development plan that the city does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's Master Fee Schedule.

(d)

Review procedure.

(1)

Assignment. Development plans which are determined to be substantially complete and in proper form by the zoning administrator, shall be assigned a case number and placed on the first available planning and zoning commission agenda that occurs at least 21 days after the substantially complete application for development plan was submitted. The zoning administrator shall notify the applicant of the date of the meeting.

(2)

Internal review. Upon assignment of a case number and hearing date, the zoning administrator shall review the application for a development plan and all supporting information. The zoning administrator may forward any part of the development plan submittal and any other relevant information to the city manager, planning and zoning commission, legal counsel, Fire Department, police department, Utility Departments, city advisors and/or any other applicable departments or agencies for review and comment. The zoning administrator may submit a written report to the planning and zoning commission stating any facts concerning the physical characteristics of the area involved in the development plan, the surrounding land use, public facilities available to service the area and/or any other pertinent facts. The written report may also contain opinions of the zoning administrator concerning the development plan and comment from any other person who has reviewed the development plan. A copy of such report shall be made available to the applicant and any other interested party.

(3)

Public notice. The following public notice standards apply to an application for development plan approval. All costs associated with providing public notice shall be borne by the applicant.

(a)

The zoning administrator shall notify all interested parties of the public hearing by regular U.S. Mail a minimum of ten days before the public hearing. Notice shall be given to all known property owners within 200 feet of the boundary of the subject site. The measurement shall include any property that is wholly or partially within the 200 foot distance regardless if a street, river, railroad, or other physical barrier exists between them.

(b)

The zoning administrator shall publish legal notice in a newspaper of general circulation a minimum of ten days before the public hearing.

(c)

The zoning administrator shall be responsible for providing proof of published notice to the planning and zoning commission and including proof in the case file.

(4)

Attendance. The applicant shall be present at the planning and zoning commission meeting to address questions and discuss comments and concerns posed by the planning and zoning commission, city advisors and/or the general public. Failure to appear may result in the dismissal of the application for development plan approval.

(5)

Public hearing. A public hearing shall be held in accordance with § 153-233.

(6)

Review. At a regularly scheduled public meeting, the planning and zoning commission shall review.

(a)

The application for development plan approval.

(b)

All supporting information including the site plan, access and circulation, elevations, etc.

(c)

The testimony of the applicant.

(d)

Information presented in writing or verbally by the zoning administrator and/or other applicable department or agency.

(e)

Input from the public during the public hearing.

(f)

Any applicable provisions of this zoning ordinance.

(g)

Any other information as may be required by the planning and zoning commission to evaluate the application.

(7)

Decision. The planning and zoning commission shall make findings of fact and take final action or continue the application for development plan approval to a defined future meeting date.

(a)

Findings of fact. The planning and zoning commission shall make the following findings of fact. Approval of findings may be in the form of a general statement. Disapproval of findings shall specify the portion of this zoning ordinance with which there is not compliance.

The development plan is consistent with the intent of the city zoning ordinance.

The development plan does not cause a hazard or unsafe conditions for neighbors, drivers or pedestrians.

The development plan does not cause existing or proposed streets to exceed their capacity or cause traffic congestion.

The development plan dedicates the necessary right-of-way for future expansion of adjacent streets or as indicated on the city's thoroughfare plan.

The development plan creates a safe environment for pedestrians to safely move about the development and to connect to perimeter pedestrian facilities.

The development plan arranges buildings and structures appropriately for function and aesthetic appeal.

The development plan locates utility junctions, meters and equipment, HVAC equipment, and trash collection bins or receptacles where they will not cause a nuisance or hazard, or where they will visually diminish the property's aesthetic.

The development plan is compatible with surrounding uses, buildings and zoning districts; or is designed to effectively and appropriately buffer or transition to those uses, buildings or zoning districts to which it is in conflict.

The development plan satisfies the applicable development standards of sections 153-20 through 153-56.

10.

The development plan satisfies the applicable development standards of sections 153-120 through 153-195.

11.

The development plan satisfies all other applicable provisions of this zoning ordinance.

(b)

Final action. Based on the findings of fact, the planning and zoning commission shall approve, approve with conditions, or deny the application for development plan approval.

(c)

The findings of fact and final action shall be signed by the President of the planning and zoning commission.

(d)

The zoning administrator shall provide the applicant a copy of the decision.

(e)

Duration.

(1)

Procedural expiration. An application for a development plan shall expire and be void after the planning and zoning commission's decision to deny unless the applicant makes revisions to the application or pursues relief through the board of adjustments within 30 days from notification.

(2)

Commencement. After a development plan is issued, the project shall commence within 18 months of the issuance date or the development plan shall become null and void.

(3)

Expiration. After a development plan is issued, the project shall be completed within three years of the issuance date or the development plan shall become null and void.

(4)

Extensions. Upon request by the applicant, a development plan may be extended one time for up to 12 months. The zoning administrator may grant the requested extension if reasonable attempts are being made to complete the project. Both the request for the extension and the zoning administrator's decision concerning the extension shall be made part of the development plan file.

(f)

Modification after issuance of a development plan. At the discretion of the planning and zoning commission, a development plan may be modified if.

(1)

Warranted. Warranted due to discoveries or other significant finding before construction begins, and

(2)

Requested prior to initiation. Requested prior to the improvement being started or established.

or if:

(1)

Warranted. Warranted due to discoveries or other significant finding during construction,

(2)

Improvement is not completed. Requested prior to the applicable component of the project being completed, and

(3)

Not correcting a violation. The modification is not an attempt to correct a violation.

(g)

Modifications. If a modification is permissible, the planning and zoning commission or zoning administrator shall request any necessary information, shall review the modification for its compliance with the zoning ordinance, and then render a decision at a regularly scheduled meet or per the planning and zoning commission's Rules and Procedures. If the proposed modification meets the provisions of the zoning ordinance the development plan may be amended and filed. If the modification is denied for non-compliance with the zoning ordinance, the modification shall be disallowed.

(h)

Record of a development plan. Records of a development plan that were approved or denied pursuant to this section shall be kept on file and shall be available as public record.

(Ord. passed 5-18-2017)

Sec. 153-230. - Planned development; general.

(a)

Purpose and intent.

(1)

Generally. A planned development zoning district may be used to provide for.

(a)

Greater flexibility in mixed-used development,

(b)

Innovative approaches to meet the demands of the housing, commercial and business markets, and

(c)

The establishment of creative and unique developments that would not otherwise be able to be developed under the provisions of Henderson's standard zoning district regulations.

(2)

Process outline. The two steps of the planned development process are listed below and explained in detail in the following sections.

(a)

Section 153-231,

(b)

Section 153-232.

(Ord. passed 5-18-2017)

Sec. 153-231 - Planned development: Step 1.

Planned Development Step 1 includes adoption of a planned development district ordinance and establishment plan.

(a)

Purpose and intent.

(1)

Planned development district ordinance. The purpose of the planned development district ordinance is to.

(a)

Rezone a parcel of land as a planned development zoning district.

(b)

Specify a use or a range of uses permitted in the planned development zoning district, including permitted uses per sub-district within the development when applicable.

(c)

Specify development standards applicable to development in the planned development zoning district, including development standards per sub-district within the development when applicable.

(d)

Specify that a development plan is required for review and approval prior to any development within the planned development district.

(e)

Specify any limitations or prerequisites applicable to the planned development district.

(f)

Regulate how the development will meet or exceed the intent of the Henderson zoning ordinance.

(g)

Regulate how the development will meet or exceed the intent of the Henderson Subdivision Control Ordinance.

(h)

Specify how the development will mitigate monotony and result in a better product than would have resulted from the application of the zoning ordinance and/or Subdivision Control Ordinance.

(2)

Establishment plan. The purpose of an establishment plan is to present a draft portrayal of the development's design; conceptual building designs; identify the target land uses for each building, or sub-area within the development; address vehicular and pedestrian circulation; present a storm water management plan; and specify how the development will transition to adjacent properties and streets.

(b)

Project applicability. The subject property shall be zoned a district that allows a rezoning to a planned development district, and any application for a planned development shall follow the below process and meet the standards of this section.

(c)

Prerequisites.

(1)

Ownership. A planned development shall be initiated by the owner of the land involved in the development or the owner's authorized agent. If an authorized agent files an application, a signed and notarized consent form from all owners shall accompany the application.

(2)

Pre-application meeting. Prior to submitting an application for a planned development, the applicant shall meet with the zoning administrator to review the zoning classification of the site, review regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property.

(d)

Filing requirements.

(1)

Application. Application for a planned development shall be made on a form provided by the zoning administrator.

(2)

Supporting information. The application for a planned development shall be accompanied by the following information.

(a)

Survey and legal description of the proposed site of the planned development.

(b)

An establishment plan that, at a minimum, conceptually delineates the basic physical elements of the planned development, including land use, general location and height of buildings, architectural character, location of parking lots, internal streets, pedestrian circulation, public amenities, preservation areas, stormwater management strategy, transitions to neighboring properties, and perimeter buffers.

(c)

A planned development district ordinance that includes the proposed development standards, permitted uses, special exception uses, and process for assuring compliance with the planned development regulations in sections 153-100 through 153-105.

(d)

Any other information requested in writing by the planning and zoning commission or zoning administrator.

(3)

Quantity of submittals. Two hard copies of the application for a planned development; two hard copies of all supporting information; one digital copy of the application for a planned development and all supporting information in .pdf (portable document format); and one digital copy of any drawings in .dwg file format shall be submitted.

(4)

Deadline. A complete application shall be submitted 21 days prior to the public hearing at which the planned development is first to be heard by the planning and zoning commission.

(5)

Fees. The applicable fee from the city's Master Fee Schedule shall be paid at the time the application for a planned development is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a planned development that the city does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's Master Fee Schedule.

(e)

Formal procedure.

(1)

Assignment. An application for a planned development, which is determined to be complete and in proper form by the zoning administrator, shall be assigned a case number and placed on the first planning and zoning commission agenda that occurs 21 days or greater after the planned development application was submitted in its entirety. The zoning administrator shall notify the applicant of the date of the meeting.

(2)

Internal review. Upon assignment of a case number and hearing date, the zoning administrator shall review the application for a planned development and all supporting information. The zoning administrator may forward any part of the planned development submittal and any other relevant information to the city manager, planning and zoning commission, legal counsel, Fire Department, police department, Utility Departments, city advisors, and/or any other applicable departments or agencies for review and comment. The zoning administrator may submit a written report to the planning and zoning commission sharing information about the development, whether it complies with regulations, what surrounds the development, availability of public facilities and services and/or any other pertinent information. The written report may also contain opinions of the zoning administrator concerning the planned development and information from any other persons that reviewed the planned development. A copy of such report shall be made available to the applicant and all interested parties.

(3)

Public notice. The following public notice standards apply to an application for a planned development. All costs associated with providing public notice shall be borne by the applicant.

(a)

(b)

The zoning administrator shall publish legal notice in a newspaper of general circulation a minimum of ten days before the public hearing.

(c)

The zoning administrator shall be responsible for providing proof of published notice to the planning and zoning commission and including proof in the case file.

(4)

Attendance. The applicant shall be present at the planning and zoning commission meeting to explain the proposed planned development, to address questions, and to discuss comments and concerns posed by the planning and zoning commission, city representatives and/or the general public. Failure to appear may result in the dismissal of the application for a planned development.

(5)

Public hearing. A public hearing shall be held in accordance with § 153-233.

(6)

Review. At their regularly scheduled public meeting, the planning and zoning commission shall review.

(a)

Application for a planned development.

(b)

Planned development district ordinance draft.

(c)

Establishment plan.

(d)

Current conditions and the character of current structures and uses in the area.

(e)

The most desirable use for which the land in the area is adapted.

(f)

The preservation or enhancement of property values throughout the surrounding area.

(g)

Responsible development and growth.

(h)

The testimony of the applicant.

(i)

Relevant evidence presented by other persons.

(j)

The limitations, standards, and requirements of sections 153-100 through 153-105.

(k)

Any applicable provisions of this zoning ordinance.

(l)

The zoning administrator's report or any other documents provided by other departments or agencies.

(m)

Any other additional information as may be required by the planning and zoning commission to evaluate the application.

(7)

Decision. The planning and zoning commission shall take final action or continue the application for a planned development to a defined future meeting date.

(a)

Final action. The planning and zoning commission shall certify and forward the application for a planned development to the city council with.

A favorable recommendation.

A favorable recommendation and with recommendations for commitments and/or conditions.

An unfavorable recommendation.

No recommendation.

(b)

Revisions. If revisions are necessary, the planning and zoning commission may continue the meeting in order to review requested or identified revisions; or may take final action with requested or identified revisions to be made prior to city council consideration. If final action is taken, with revisions, the applicant shall work with the zoning administrator to make sure the necessary revisions to the planned development district ordinance and/or establishment plan are made correctly before being distributed to the city council. Any disagreement between the applicant and zoning administrator as to the direction given by the planning and zoning commission shall require the matter be taken up by the planning and zoning commission at an official meeting.

(8)

Commitments and conditions. In conjunction with its recommendation to the city council, the planning and zoning commission may recommend written commitments and/or conditions for approval. If supported by and included in its adoption of a planned development district ordinance and establishment plan, the commitments and/or conditions shall be legally recorded with the property's deed within 30 days of the city council's approval. The applicant shall deliver a copy of the recorded commitments and/or conditions to the zoning administrator before proceeding with Planed Development. Step 2 and filing a planned development detailed development plan.

(f)

Duration. If Step 2, a planned development detailed development plan, has not been filed within one year of the date the city council approved the planned development district ordinance and the establishment plan, the approval expires and a new application for a planned development shall be submitted.

(g)

Requested modification.

(1)

Planned development district ordinance. Any requested modification to the text of the planned development district ordinance shall require to reapply for a new planned development if substantial, or the process for a zoning ordinance Text Amendment; per the zoning administrator's discretion.

(2)

Establishment plan. Any requested modification to an establishment plan shall be addressed in Step 2. Detailed development plan review and approval process if minor, or be required to reapply for a new planned development if the modification is substantial; per the zoning administrator's discretion.

(Ord. passed 5-18-2017)

Sec. 153-232. - Planned development: Step 2.

Planned development. Step 2 includes detailed development plan application and review process.

(a)

Purpose and intent. The detailed development plan shall provide the planning and zoning commission with the opportunity to review the details of the planned development's implementation and determine compliance with the planned development district ordinance.

(b)

Project applicability. Any land rezoned to a planned development shall follow the below process and meet the standards of this section to be able to build out each building, modify existing buildings, modify existing developed sites, or to develop any phase of the development.

(c)

Prerequisites.

(1)

Planned development district ordinance and establishment plan. The planned development district ordinance and establishment plan shall be approved by the Henderson city council and in effect prior to submitting a planned development detailed development plan. If approval included commitments and/or conditions, those commitments and/or conditions shall be attached with the property's deed.

(d)

Filing requirements.

(1)

Application. Application for a detailed development plan shall be made on a form provided by the zoning administrator.

(2)

Supporting information. The following information shall be submitted for the detailed development plan review process.

(a)

A site plan, drawn to scale, that includes the following items. The zoning administrator may waive any below requirement if it is clearly not necessary for a thorough review.

North arrow.

Graphic scale.

Address of the site.

Name of the planned development.

Area map insert showing the general location of the site referenced to major streets.

Boundary lines of the site including all dimensions of the site.

Names, center lines, and right-of-way widths of all streets, alleys, and easements adjacent to the subject lot.

Layout, lot number, dimension, and area of the subject lot and adjacent lots, if also within the planned development district.

Location and dimensions of all existing and proposed structures on the subject lot, including paved areas, entryway features and signs.

10.

Location of all floodway, floodway fringe areas and wetlands within or adjacent to the subject lot.

11.

Use of each structure by labeling including approximate density or size of all proposed uses and structures on the site (e.g., parking - number of parking spaces provided; office - floor area).

12.

Distance of all structures from front, rear, and side lot lines.

13.

Areas reserved for park, recreation, conservation, wetland, common area, lake, trails or other similar uses, if applicable.

14.

Proposed landscaping buffers or landscaped areas.

15.

Any other information necessary to support a thorough review of the project and as requested by the planning and zoning commission and/or the zoning administrator.

(b)

Representative building elevations, drawn to scale, for facades of residential and non-residential primary structures shall be drawn to scale and include the following items. The zoning administrator may waive any below requirement if it is clearly not necessary for a thorough review.

Name of the planned development.

Graphic scale.

Specification of the type and color of building materials to be used for wall, window, roof, and other architectural features.

Placement, size, color and illumination details for any proposed wall sign.

Any other information necessary to support a thorough review of the project and as requested by the planning and zoning commission and/or the zoning administrator.

(c)

A site access and circulation plan, drawn to scale, shall be required, but may be incorporated into the required site plan or may be submitted as a separate plan. The zoning administrator may waive any below requirement if it is clearly not necessary for a thorough review.

North arrow.

Graphic scale.

Address of site.

Name of the planned development.

Names, center lines and right-of-way widths of all existing and proposed streets, alleys and easements within 100 feet of the site.

Location of any proposed or existing driveways onto a street or alley and its width at the lot line.

All improvements to the street system on-site and off-site.

Measurement of curb radius and/or flares.

Location of proposed and existing sidewalk or sidepath.

10.

Any other information necessary to support a thorough review of the project and as requested by the planning and zoning commission and/or the zoning administrator.

(d)

A stormwater and utility plan, drawn to scale, including the following items. The zoning administrator may waive any below requirement if it is clearly not necessary for a thorough review.

Location of all existing and proposed utility easements.

Location and size of all existing and proposed utility components including, but not limited to sanitary sewer components, water components, storm water components, electric, gas, fiber, telephone, and cable.

Location and illumination capacity of all lights.

Names of ponds, retention, detention, legal ditches and streams in or adjacent to the site.

Contours sufficient to illustrate storm water runoff.

Storm water management plan including all necessary calculations for holding and filtration.

Any other information necessary to support a thorough review of the project and as requested by the planning and zoning commission and/or the zoning administrator.

(e)

Traffic impact study.

A traffic impact study shall be required when a proposed development meets or exceeds 150 or more dwelling units; 15,000 square feet or more of retail space; 35,000 or more square feet of institutional or office space; 70,000 square feet or more square feet of industrial space; 120 or more occupiable rooms; 46,000 or more square feet of medical space; or any mixed use development which generates 100 or more peak hour trips in the peak direction.

A registered professional engineer shall prepare and certify the traffic impact study. The traffic impact study shall evaluate the impact of present and future traffic generated by the proposed development on the adjacent roadway system. Prior to commencement, the applicant shall meet with the zoning administrator and engineer representing the city to determine an appropriate scope for the traffic impact study.

(f)

Statement of development build-out. The applicant shall indicate, either on the required site plan or in writing, a statement of.

The order of development of the major infrastructure elements of the project.

Project phase boundaries, if any.

The order and content of each phase.

An estimate of the time frame for build-out of the project.

(g)

Landscape plan. The applicant shall indicate, either on the required site plan or on a separate landscape plan, existing and proposed green space and landscaping on the subject lot showing how the proposed landscaping meets or exceeds the intent of any buffering standards, if the site were developed using standard zoning districts.

(3)

Deadline. Two hard copies of the application for a detailed development plan; two hard copies of all supporting information; one digital copy of the application for a detailed development plan and all supporting information in .pdf (portable document format); and one digital copy of any drawings in .dwg file format shall be submitted 21 days prior to the public meeting at which it is first to be heard by the planning and zoning commission.

(4)

Fees. The applicable fee from the city's Master Fee Schedule shall be paid at the time the application for a detailed development plan is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a detailed development plan that the city does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's Master Fee Schedule.

(e)

Formal procedure.

(1)

Assignment. A detailed development plan application, which is determined to be complete and in proper form by the zoning administrator, shall be assigned a case number and placed on the first planning and zoning commission agenda that occurs 21 days or later after the detailed development plan was submitted in its entirety. The zoning administrator shall notify the applicant of the meeting date.

(2)

Internal review. Upon assignment of a case number and hearing date, the zoning administrator shall review the application for a detailed development plan and all supporting information. The zoning administrator may forward any part of the detailed development plan submittal and any other relevant information to the city manager, planning and zoning commission, legal counsel, Fire Department, police department, Utility Departments, city advisors, and/or any other applicable departments or agencies. The zoning administrator may submit a written report to the planning and zoning commission stating information related to the detailed development plan. The written report may also contain opinions of the zoning administrator concerning the detailed development plan and information from any other persons that reviewed the detailed development plan. A copy of such report shall be made available to the applicant and all interested parties.

(3)

Public notice. The following public notice standards apply to a detailed development plan. All costs associated with providing public notice shall be borne by the applicant.

(a)

(b)

The zoning administrator shall publish legal notice in a newspaper of general circulation a minimum of ten days before the public hearing.

(c)

The zoning administrator shall be responsible for providing proof of published notice to the planning and zoning commission and including proof in the case file.

(4)

Attendance. The applicant shall be present at the planning and zoning commission meeting to address questions and discuss comments and concerns posed by the planning and zoning commission, city staff, and/or the general public. Failure to appear may result in the dismissal of the detailed development plan.

(5)

Public hearing. A public hearing shall be held in accordance with § 153-233.

(6)

Review. At a regularly scheduled public meeting, the planning and zoning commission shall review.

(a)

The original application for a planned development.

(b)

Approved planned development district ordinance.

(c)

Approved establishment plan.

(d)

All supporting information including the site plan, site access and circulation plan, elevations, stormwater management and utility plan, statement of development build-out, landscape plan, and, if applicable, traffic impact study.

(e)

The testimony of the applicant.

(f)

Information presented in writing or verbally by the zoning administrator, or other applicable department or agency.

(g)

Input from the public during the public hearing.

(h)

Any applicable requirements of the city.

(i)

The limitations, standards, and requirements of sections 153-100 through 153-105.

(j)

Any applicable provisions of this zoning ordinance.

(k)

The zoning administrator's report or any other documents provided by other departments or agencies.

(l)

Any other additional information as may be required by the planning and zoning commission to evaluate the application.

(7)

Decision. The planning and zoning commission shall make findings of fact and take final action or continue the detailed development plan to a defined future meeting date.

(a)

Findings of fact. The planning and zoning commission shall make the following findings of fact. Approval of findings may be in the form of a general statement. Disapproval of findings shall specify the portion of the planned development district ordinance, establishment plan or this zoning ordinance with which there is not compliance.

The detailed development plan is consistent with the intent of the city's zoning ordinance.

The detailed development plan is consistent with sections 153-100 through 153-105.

The detailed development plan satisfies the development standards of the approved planned development district ordinance.

The detailed development plan is consistent with the approved establishment plan.

(b)

Final action. Based on the findings of fact, the planning and zoning commission shall approve, approve with conditions, or deny the detailed development plan. If conditions are required, the conditions shall be recorded within 30 days of the planning and zoning commission's approval of the detailed development plan. The applicant shall deliver a copy of the recorded conditions to the zoning administrator before filing a final development plan.

(c)

The findings and final decision shall be signed by the President of the planning and zoning commission.

(d)

The zoning administrator shall provide the applicant a copy of the final decision.

(f)

Duration. An approved detailed development plan shall be valid for two years from the date the planning and zoning commission granted approval. The zoning administrator may grant one six-month extension. The applicant shall submit the request for extension in writing, and the zoning administrator shall make a written determination regarding the decision. Both the request and the determination shall be made part of the detailed development plan record. If development of the project has not commenced by the end of the two year period (or by the end of the six-month extension), the approval expires and a new application for a planned development (district ordinance and establishment plan) shall be required.

(g)

Requested modification.

(1)

Minor amendments. A minor amendment to an approved detailed development plan which does not involve an increase in height, area, bulk or intensity of land uses; a different land use; a reduction in setbacks; the addition of driveways or access points; or a reduction in the amount of parking may be authorized by the zoning administrator without a public hearing, if the requested minor amendment does not adversely impact the purpose or intent of the overall development. Minor amendments authorized by the zoning administrator shall be reported, in writing, to the planning and zoning commission at the next regular meeting of the planning and zoning commission.

(2)

Major amendments. If the zoning administrator determines that the proposed modification may adversely impact the purpose or intent of the overall development in any way, the applicant shall be required to file a new detailed development plan application.

(Ord. passed 5-18-2017)

Sec. 153-233. - Public hearing.

Whenever a public hearing is required by this zoning ordinance or by state law, the following public hearing procedure shall apply.

(a)

Preemption. If the board of adjustments or planning and zoning commission adopt and maintain rules and procedures independent of the zoning ordinance, those documents shall preempt the below public hearing standards.

(b)

Setting the hearing. When the zoning administrator determines that an application is complete and that a public hearing is required, the zoning administrator shall place the item on the next agenda with space available, or per the rules and procedures of the planning and zoning commission or the board of adjustments, when applicable.

(c)

Conduct of public hearing.

(1)

Rights of all persons. Any person may appear at a public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a public hearing may be required to identify themselves, state their physical address, and if appearing on behalf of an organization, state the name of the organization and its physical location.

(2)

Due order of proceedings. Hearings shall be conducted pursuant to rules and procedures adopted by the hearing authority or by a version of Robert's Rules of Order.

(3)

Continuance of public hearing or meeting. The body or officer conducting the public hearing or meeting may continue the public hearing or meeting to a fixed date, time and place without additional publication or individual notice.

(4)

Withdrawal of application. An applicant shall have the right to withdraw an application at any time prior to action on the application by the decision-making body or officer.

(5)

Record of public hearing or meeting. The transcript of testimony, minutes, application, supporting information, applicant's statements, exhibits, zoning administrator reports, and the decision of the decision-making body, as applicable and available, shall constitute the record. The record shall be maintained for public inspection in zoning administrator's office.

(d)

Actions by decision-making bodies and officers. All decisions shall include a brief summary of the matter being acted upon, and a clear statement of approval, approval with conditions, or disapproval. Conditions of approval shall be clearly stated and enumerated.

(1)

Action by board of adjustments. Action by the board of adjustments shall be final.

(2)

Action by planning and zoning commission. In the instance where the planning and zoning commission has final authority, action by the planning and zoning commission shall be final. When the planning and zoning commission action is advisory to the city council, the zoning administrator shall certify the planning and zoning commission recommendation to the city council. When the planning and zoning commission action is advisory to any other body or agency, the zoning administrator shall forward such recommendation to that body or agency.

(3)

Action by city council. The city council shall act on any application forwarded by the planning and zoning commission within the time period specified and in the manner set forth in law or within 60 days, whichever is less.

(Ord. passed 5-18-2017)

Sec. 153-234 - Special exception use.

(a)

Purpose and intent. A special exception use can only be permitted by the board of adjustments and is either.

(1)

Sometimes not a good fit. A use that often is a good fit for the district, but depending on neighboring or nearby uses or districts, may not be a good fit.

(2)

A use that necessitates additional regulation. A use for which certain criteria must be met before the use can be established at a specific location.

(b)

Project applicability. Uses listed as "special exception use" in the two-page layouts in sections 153-20 through 153-56 for the applicable zoning district shall be considered for approval by the board of adjustments.

(c)

Prerequisites. An application for a special exception use shall be filed by the owner, the owner's agent, or any person having a legal or equitable interest in the subject property, but the written authorization of any owner who is not an applicant shall be required.

(d)

Filing requirements. The zoning administrator may waive any of the below required supporting information requirements if they are clearly not related to or necessary for a board of adjustments review.

(1)

Application. An application for a special exception shall be made on forms provided by the zoning administrator.

(2)

Supporting information. The following items shall accompany an application for a special exception.

(a)

A site plan, drawn to scale, that includes the following information.

North arrow.

Graphic scale.

Address of the site.

Legal description of the site.

Boundary lines of the site including relevant dimensions.

Names, center lines, and right-of-way widths of all adjacent streets, alleys and easements.

Location and dimensions of all existing and proposed structures, including paved areas and signs.

Location of all floodway, floodway fringe areas, and wetlands within the boundaries of the site.

Distance of all structures from front, rear, and side lot lines.

10.

Notation of the existing land use of neighboring properties, or the zoning district if the land is currently vacant.

11.

Any other information necessary to support a thorough review of the special exception.

12.

Any information requested in writing by the board of adjustments or the zoning administrator.

(b)

Location of the site within the city; description of existing conditions of the site; proposed plans, drawings, and/or project description that necessitates the desired special exception; rationale for the desired special exception; and description of the desired special exception use shall accompany the application. The supporting information shall accurately and completely describe the proposed project and the need for the requested special exception.

(3)

Deadline. An application for a special exception shall be filed at least 28 days prior to the public meeting at which it is first to be considered by the board of adjustments.

(4)

Fees. The applicable fee from the city's Master Fee Schedule shall be paid at the time the application for a special exception is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a special exception that the city does not have adequate proficiency may constitute hiring a professional consultant to conduct the review, or portions thereof, at the expense of the applicant and as per the city's Master Fee Schedule.

(e)

Formal procedure.

(1)

Assignment. An application for a special exception, which is determined to be complete and in proper form by the zoning administrator, shall be assigned a case number and placed on the first board of adjustments agenda that occurs 28 days or greater days after the application for a special exception was submitted in its entirety. The zoning administrator shall notify the applicant of the meeting date.

(2)

Internal review. Upon assignment of a case number and hearing date, the zoning administrator may ask applicable departments, city advisors or utility companies to review and comment on the proposed project. The zoning administrator may submit a written report to the board of adjustments stating any facts concerning the physical characteristics of the area involved, the surrounding land use, public facilities available to service the area, and/or other pertinent facts. The written report may also contain opinions of the zoning administrator concerning the application for a special exception and/or information from other departments, city advisors or utility companies that have reviewed the application for a special exception. A copy of such report shall be made available to the applicant and all interested persons.

(3)

Public notice. The following public notice standards apply to an application for a special exception. All costs associated with providing public notice shall be borne by the applicant.

(a)

(b)

The zoning administrator shall publish legal notice in a newspaper of general circulation a minimum of ten days before the public hearing.

(c)

The zoning administrator shall be responsible for providing proof of published notice to the board of adjustments and including said proof in the case file.

(4)

Attendance. The applicant shall be present at the board of adjustments meeting to present the application for a special exception and to address questions and discuss comments and concerns. Failure to appear may result in the dismissal of the application for a special exception.

(5)

Public hearing. A public hearing shall be held in accordance with § 153-233.

(6)

Review. At a scheduled public meeting, the board of adjustments shall review.

(a)

The application for a special exception.

(b)

Supporting information.

(c)

Presentation by the applicant.

(d)

Information presented in writing or verbally by the zoning administrator or other applicable department or agency.

(e)

Input from the public during the public hearing.

(f)

Applicable provisions of this zoning ordinance.

(g)

The board of adjustments may take into consideration the following items as they relate to the proposed use.

Topography and other natural site features.

Zoning district and land use of the surrounding properties.

Driveway locations, street access and vehicular and pedestrian traffic.

parking quantity, location and design.

Landscaping, screening and buffering.

Open space and other site amenities.

Noise production and hours of operation.

Design, placement, architecture, and material of the subject or proposed building or structure.

Placement, design, intensity, height, and shielding of lights.

10.

Traffic generation.

11.

General site layout as it relates to its surroundings.

(7)

Decision. The board of adjustments shall make findings of fact, and either take final action or continue the application for a special exception to a defined future meeting date.

(a)

Findings of fact. The board of adjustments shall make the following findings of fact. Approval of findings may be in the form of a general statement. Disapproval of findings shall specify the reason for non-compliance.

The proposed special exception is consistent with the intent of the zoning district.

The proposed special exception will not be injurious to the public health, safety, morals and general welfare of the community.

The proposed special exception is in harmony with all adjacent land uses.

The proposed special exception will not alter the character of the area.

The proposed special exception will not substantially impact neighboring or nearby property value in an adverse manner.

(b)

Final action.

If the board of adjustments finds all of the findings of fact in the affirmative, it shall approve or approve with conditions and/or commitments the application for a special exception.

If the board of adjustments does not find all of the findings of fact in the affirmative, it shall deny the application for a special exception; or imposes conditions or use commitments that substantially remedy the areas of concern.

(c)

Commitments and conditions.

Commitments. The board of adjustments may require the owner to make a written commitment. Commitments shall be officially recorded with the property deed. A recorded commitment shall be binding on the owner of the land, any subsequent owner of the land, and any person who acquires interested in the land.

Conditions. The board of adjustments may require certain conditions for approval.

(f)

Duration. The granting of a special exception authorizes the special exception use to run with the land unless conditions to the contrary are placed on the approval. If construction of structures or occupancy of existing structures has not commenced within two years of the date the special exception was granted by the board of adjustments, the approval shall be null and void.

(g)

Requested modification. If the zoning administrator may consider a requested modification to a condition or commitment if the request clearly resolves the board of Adjustment's concerns or enhances the benefit to adjacent property owners. Otherwise, any request for modification to a special exception approval shall be processed as a new application for a special exception. The owner of the subject lot shall provide the zoning administrator with all the necessary information to render this determination.

(1)

Reporting. Modifications authorized by the zoning administrator shall be reported, in writing, to the board of adjustments at the next regular meeting of the board of adjustments.

(Ord. passed 5-18-2017)

Sec. 153-235. - Variance.

(a)

Purpose and intent. The board of adjustments may vary the regulations of the zoning ordinance for projects that meet the criteria set forth in this section. Variances include "development standards variance" granting relief from a development standard such as height, bulk, or area; or a "use variance" allowing a use that is not listed as a permitted or special exception use in a district.

(b)

Project applicability.

(1)

Jurisdiction. Projects within the jurisdictional area of the planning and zoning commission that are unable to meet the provisions, or that wish to deviate from the regulations of the zoning ordinance may apply for a variance.

(c)

Prerequisites.

(1)

Eligible applicants. An application for a variance may be filed by the owner, his agent, or any person having a legal or equitable interest in the subject property.

(2)

Pre-application meeting. Prior to submitting an application for a variance, the applicant may meet with the zoning administrator to review the zoning classification of the site, ordinance provisions, the application packet, and the procedure involved.

(d)

Filing requirements.

(1)

Application. Application for a variance shall be made on a form provided by the zoning administrator.

(2)

Supporting information. The zoning administrator may waive any of the below required supporting information requirements if they are clearly not related to or necessary for a board of adjustments review.

(a)

A site plan, drawn to scale, that includes the following information.

North arrow.

Graphic scale.

Address of the site.

Legal description of the site.

Boundary lines of the site including relevant dimensions.

Names, center lines, and right-of-way widths of all adjacent streets, alleys and easements.

Location and dimensions of all existing and proposed structures, including paved areas and signs.

Location of all floodway, floodway fringe areas, and wetlands within the boundaries of the site.

Distance of all structures from front, rear, and side lot lines.

10.

Notation of the existing land use of neighboring properties, or the zoning district if the land is currently vacant.

11.

Any other information necessary to support a thorough review of the special exception.

12.

Any information requested in writing by the board of adjustments or the zoning administrator.

(b)

Location of the site within the city; description of existing conditions of the site; proposed plans, drawings, and/or project description that necessitates the desired variance; rationale for the desired variance; and description of the desired use shall accompany the application for a variance. The supporting information shall accurately and completely describe the proposed project and the need for the requested variance.

(3)

Deadline. An application for a variance shall be filed at least 28 days prior to the public meeting at which it is first to be considered by the board of adjustments.

(4)

Fees. The applicable fee from the city's Master Fee Schedule shall be paid at the time the application for a variance is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a variance that the city does not have adequate proficiency may constitute hiring a professional consultant to conduct the review, or portions thereof, at the expense of the applicant and as per the city's Master Fee Schedule.

(e)

Formal procedure.

(1)

Assignment. An application for a variance, which is determined to be complete and in proper form by the zoning administrator, shall be assigned a case number and placed on the first available board of adjustments agenda that occurs 28 days or later after the application for a variance is submitted in its entirety. The zoning administrator shall notify the applicant of the date of the meeting their application has been assigned. At the zoning administrator's discretions, he/she may allow an application to be on a board of adjustments agenda that is less than 28 days after the fully complete application was submitted.

(2)

Internal review. Upon assignment of a case number and hearing date, the zoning administrator may ask applicable departments, city advisors or utility companies to review and comment on the proposed project. The zoning administrator may submit a written report to the board of adjustments stating any facts concerning the physical characteristics of the area involved, the surrounding land use, public facilities available to service the area, and/or other pertinent facts. The written report may also contain opinions of the zoning administrator concerning the application for a variance and/or information from other departments, city advisors or utility companies that have reviewed the application for a variance. A copy of such report shall be made available to the applicant and all interested persons.

(3)

Public notice. The following public notice standards apply to an application for a variance. All costs associated with providing public notice shall be borne by the applicant.

(a)

(b)

The zoning administrator shall publish legal notice in a newspaper of general circulation a minimum of ten days before the public hearing.

(c)

The zoning administrator shall be responsible for providing proof of published notice to the board of adjustments and including proof in the case file.

(4)

Attendance. The applicant, and/or their legal representative, shall be present at the board of adjustments meeting to present the application for a variance and address questions and discuss comments and concerns. Failure to appear may result in the dismissal of the application for a variance.

(5)

Public hearing. A public hearing shall be held in accordance with § 153-233.

(6)

Review. At their regularly scheduled public meeting, the board of adjustments shall review.

(a)

The application for a variance.

(b)

Supporting information.

(c)

Presentation by the applicant.

(d)

Information presented in writing or verbally by the zoning administrator or other applicable department or agency.

(e)

Input from the public during the public hearing.

(f)

Applicable provisions of this zoning ordinance.

(g)

Any other additional information as may be required by the board of adjustments to evaluate the application.

(7)

Decision. The board of adjustments shall make findings of fact and take final action or continue the application for a variance to a defined future meeting date.

(a)

Development standards variance findings of fact. The board of adjustments shall make the following findings of fact for any development standards variance. Findings may be in the form of a general statement. Disapproval of findings shall specify the reason for non-compliance.

The approval of the development standards variance will not be injurious to the public health, safety, morals and general welfare of the community.

That the need for the development standards variance arises from some condition unique to the property involved.

The approval of the development standards variance is consistent with state law.

The use and value of the area adjacent to the property included in the development standards variance will not be affected in a substantially adverse manner.

The strict application of the terms of the zoning ordinance will result in a practical difficulty in the improvement of the property for which the use variance is sought.

(b)

Use variance findings of fact. The board of adjustments shall make the following findings of fact for use variances. Findings may be in the form of a general statement. Disapproval of findings shall specify the reason for non-compliance.

The approval of the use variance will not be injurious to the public health, safety, morals and general welfare of the community.

The use and value of the area adjacent to the property included in the use variance will not be affected in a substantially adverse manner.

The approval of the use variance is consistent with state law.

The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the use variance is sought.

(c)

Final action.

If the board of adjustments finds all of the findings of fact in the affirmative, it shall approve or approve with conditions and/or commitments the application for a variance.

If the board of adjustments does not find all of the findings of fact in the affirmative, it shall deny the application for a variance; or shall find an equitable solution through commitments or conditions of approval.

(d)

Commitments and conditions.

Commitments. The board of adjustments may require the owner to make a written commitment. Commitments shall be officially recorded with the property deed. A recorded commitment is binding on the owner of the land, any subsequent owner of the land, and any person who acquires interest in the land.

Conditions. The board of adjustments may require certain conditions for approval.

(f)

Duration.

(1)

Development standards variance. A development standards variance granted by the board of adjustments shall run with the land until such time as the property conforms with this zoning ordinance.

(2)

Use variance. A use variance granted by the board of adjustments may run with the land, or with the property owner. If the approval runs with the owner, it shall be in place until such time as.

(a)

The need for the use variance ends, the property is vacated or goes unused for six consecutive months;

(b)

The use changes and becomes in conformance with the zoning ordinance;

(c)

The zoning ordinance changes, making the use permitted in the applicable district; or

(d)

The property is sold.

(g)

Requested modifications.

(1)

Development standards variance. Modification of a development standards variance that makes a project more compliant with the provisions of this zoning ordinance may be authorized by the zoning administrator. Modification of a development standards variance that makes a project less compliant with the provisions of the zoning ordinance shall re-file an application for a variance or other appropriate application.

(2)

Use variance. Modification of use variance shall not be permitted. Any modification of an approved use variance shall meet all of the provisions of the zoning ordinance or re-file an application for a use variance or other appropriate application.

(3)

Reporting. Modifications authorized by the zoning administrator shall be reported, in writing, to the board of adjustments at the next regular meeting of the board of adjustments.

(Ord. passed 5-18-2017)

Sec. 153-236. - Zoning map amendment (rezoning).

(a)

Purpose and intent. It may become necessary to change the zoning of an area or a lot, thereby amending the official zoning map. The planning and zoning commission has the authority to hear a proposal to amend the official zoning map. This process is typically known as a "rezoning" of land. The planning and zoning commission shall make a recommendation to the Henderson city council concerning a proposal to amend the official zoning map. The city council has the power to approve or deny a proposal to amend the official zoning map.

(b)

Project applicability.

(1)

Jurisdiction. Areas or lots shall be located within the jurisdictional area of the planning and zoning commission.

(2)

Previously denied applications. The zoning administrator shall not accept the same or a significantly similar application for a rezoning that has been denied by the Henderson city council within the last 12 months. However, the zoning administrator shall have the authority and discretion to determine that an application for a rezoning is either significantly novel or contains notable changes such to allow a rezoning application to be considered within the aforementioned 12 month period.

(c)

Prerequisites.

(1)

Historic District. Any application for the rezoning of a property in the city's Historic District shall get a recommendation from the Historic Preservation Committee to be considered a complete application. The Historic Preservation Committee shall forward their recommendation to the planning and zoning commission.

(2)

Eligible applicants. An application for a rezoning may be filed by the owner, a legally authorized agent, or any person having a legal or equitable interest in the subject property. Also, the planning and zoning commission or city council may act as an applicant and initiate a zoning map amendment.

(3)

Pre-application neeting. Prior to submitting an application for a rezoning the applicant may meet with the zoning administrator to review the current zoning district, the proposed zoning district, adjacent zoning districts and land uses, applicable ordinance provisions, the application packet, and the procedure involved.

(d)

Filing requirements.

(1)

Application. An application for a rezoning shall be made on a form provided by the zoning administrator.

(2)

Supporting information. An application for a rezoning shall be accompanied by the following supporting information.

(a)

A site plan, drawn to scale, that includes the following items.

North arrow.

Graphic scale.

Address of the site.

Legal description of the site.

Boundary lines of the site including all relevant dimensions.

Names, centerlines, and right-of-way widths of all adjacent streets, alleys and easements.

Location and dimensions of all existing and proposed structures, including paved areas and signs.

Location of all floodway, floodway fringe areas, and wetlands within the boundaries of the site.

Use of each structure by labeling.

10.

Distance of all structures from front, rear, and side lot lines.

11.

Notation of the existing land use of neighboring properties, or the zoning district if the land is currently vacant.

12.

Any other information necessary to support a thorough review of the special exception.

13.

Proposed landscaping buffers or landscaped areas.

14.

Any other information necessary to support a thorough review of the project and as requested in writing by the planning and zoning commission or the zoning administrator.

(b)

Location of the site within the city; description of existing conditions of the site; proposed plans, drawings, and/or project description that necessitates the desired rezoning; rationale for the desired rezoning; and description of the desired use shall accompany the application for a rezoning. The supporting information shall accurately and completely describe the proposed project and the need for the requested variance.

(3)

Deadline. An application for a rezoning shall be filed at least 28 days prior to the public meeting at which it is first to be considered by the planning and zoning commission.

(4)

Fees. Applicable fees shall be paid at the time the application for a rezoning is filed.

(e)

Formal procedure.

(1)

Assignment. An application for a rezoning, which is determined to be complete and in proper form by the zoning administrator, shall be assigned a case number and placed on the first planning and zoning commission agenda that occurs 28 days after the application for a rezoning was submitted in its entirety. The zoning administrator shall notify the applicant in writing of the date of the meeting and provide the applicant with a legal notice.

(2)

Internal review. Upon assignment of a case number and hearing date, the zoning administrator shall review the application for a rezoning and all supporting information. The zoning administrator may forward the application for a rezoning and any other relevant information to any relevant advisors. The zoning administrator may submit a written report to the planning and zoning commission stating facts concerning the physical characteristics of the area involved in the application for a rezoning, adjacent zoning, the surrounding land use, facilities available to service the area, and/or other pertinent facts. The written report may also contain opinions of the zoning administrator concerning the application for a rezoning and information from any other agency that reviewed the application for a rezoning. A copy of such report shall be made available to the applicant and all remonstrators.

(3)

Public notice. The following public notice standards apply to an application for a rezoning. All costs associated with providing public notice shall be borne by the applicant.

(a)

(b)

The zoning administrator shall publish legal notice in a newspaper of general circulation a minimum of ten days before the public hearing.

(c)

The zoning administrator shall be responsible for providing proof of published notice to the planning and zoning commission and including proof in the case file.

(4)

Attendance. The applicant, and/or their legal representative, shall be present at the planning and zoning commission meeting to present the proposed rezoning and address questions and discuss comments and concerns. Failure to appear may result in the dismissal of the application for a rezoning.

(5)

Public hearing. A public hearing shall be held in accordance with § 153-233.

(6)

Review. At their regularly scheduled public meeting, the planning and zoning commission shall review.

(a)

The application for rezoning.

(b)

All supporting information.

(c)

Information presented in writing or verbally by the zoning administrator or other applicable department.

(d)

Input from the public during the public hearing.

(e)

Any applicable provisions of the zoning ordinance.

(f)

Any other information as may be required by the planning and zoning commission to evaluate the application.

(7)

Decision.

(a)

The planning and zoning commission shall take final action or continue the application for a rezoning to a defined future meeting date. The planning and zoning commission shall pay reasonable regard to the following factors before taking final action.

Current conditions and the character of current structures and uses in each district.

The most desirable use for which the land in each district is adapted.

The conservation of property values throughout the jurisdiction.

Responsible development and growth.

(b)

Final action. The planning and zoning commission shall certify the amendment to the official zoning map and forward the application to the Henderson city council with a favorable recommendation, an unfavorable recommendation, or no recommendation. The planning and zoning commission may also recommend commitments and conditions concerning the use and/or development of the land in connection with the application for rezoning. The city council shall make the final determination regarding an application for rezoning, may add conditions of the action, and may accept or reject commitments made by the applicant or proposed by the planning and zoning commission.

(f)

Duration. A rezoning shall run with the land and shall be effective from the date of its final approval by the Henderson city council.

(g)

Modification. Modification to an approved Zoning Map Amendment shall not be permitted. The only means to modify a Zoning Map Amendment is through a new application for Zoning Map Amendment.

(Ord. passed 5-18-2017)

Sec. 153-237. - Zoning ordinance text amendment.

(a)

Purpose and intent. It may become necessary to amend the text of the zoning ordinance from time to time. The planning and zoning commission has the authority to hear a proposal to amend the text of the zoning ordinance. The planning and zoning commission shall make a recommendation to the Henderson city council concerning a proposal to amend the text of the zoning ordinance. The city council has the power to approve or reject a proposal to amend the text of the zoning ordinance.

(b)

Project applicability. Any proposal to add, remove, or alter a provision of the zoning ordinance (i.e., text amendment) shall follow the process outlined in this section.

(c)

Prerequisites.

(1)

Eligible applicants. The Henderson city council or Planing and Zoning board shall initiate any proposal to amend the text of the zoning ordinance. Any person or legal entity that owns a property in Henderson, or is the legal representative of a property in Henderson may petition the city council for a change or amendment to the zoning provisions of the zoning ordinance if said proposed change is in relation to the subject property.

(d)

Filing requirements.

(1)

Proposal. A proposal for an amendment to the text of the zoning ordinance shall be prepared by the zoning administrator upon the direction of either the Henderson city council or the planning and zoning commission.

(e)

Formal procedure.

(1)

Assignment. The zoning administrator shall assign a case number and place the proposed amendment to the text of the zoning ordinance on the first planning and zoning commission agenda that occurs at least ten days after the proposal is prepared.

(2)

Internal review. The zoning administrator shall be responsible for preparing the amendment in its final form, and for seeking input from interested parties, relevant advisors, departments and/or agencies.

(3)

Public notice. The following public notice standards apply for a proposal to amend the text of the Unified Development Ordinance.

(a)

(b)

The zoning administrator shall publish a legal notice in a newspaper of general circulation at least ten days before the public hearing.

(c)

The zoning administrator shall be responsible for providing proof of published notice to the planning and zoning commission and including proof in the case file.

(4)

Public hearing. A public hearing shall be held in accordance with § 153-233.

(5)

Review. In preparing and considering proposals to amend the text of the zoning ordinance, the planning and zoning commission and the city council shall pay reasonable regard to.

(a)

Current conditions and the character of current structures and uses in each district.

(b)

The most desirable use for which the land in each district is adapted.

(c)

The conservation of property values throughout the jurisdiction.

(d)

Responsible development and growth.

(f)

Decision.

(1)

Final action. The planning and zoning commission shall certify the amendment to the text of the zoning ordinance and forward the proposal to the city council with a favorable recommendation, an unfavorable recommendation, or no recommendation.

(2)

Effective date.

(a)

Unless an amendment to the text of the zoning ordinance provides for a later effective date, the amendment shall be effective when it is adopted by city council.

(b)

When a provision prescribing a penalty or forfeiture for a violation is approved, it may not take effect until 14 days after the final day on which notice of its adoption is published.

(Ord. passed 5-18-2017)

Henderson City Zoning Code

PROCESSES

Sec. 153-225.- Introduction to processes.

The following processes are allowed.

(a)

(1)

(2)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

Processes for relief from regulations and administrative decisions. This process section applies to all zoning districts, except a planned development district.

(1)

(2)

(3)

(4)

(Ord. passed 5-18-2017)

Sec. 153-226. - Improvement location permit.

This process applies to the following zoning districts:

(a)

Constructing a dwelling unit	Constructing a detached garage
Establishing an initial land use	Constructing or modifying off-street parking
Constructing or altering a fence	Room addition on a house
Installing a new driveway	Installation of a dwelling unit, manufactured
Installing a swimming pool	Construction a pool house
Constructing or installing a carport	Constructing a deck and patio over 90 square feet
Installing a permanent sign	Installing a well or septic system
Modifying a structure's height	Constructing a recreation pond
Adding impervious surface	Installation of a mini-barn over 90 square feet in area