Hinckley City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 155.065 CONDITIONAL USE PERMITS.

(A) Purpose. The principal objective of this chapter is to provide for an orderly arrangement of compatible building and land uses, and for the proper locations of all types of uses required by the city. To accomplish this objective, each type and kind of use is classified as permitted in one or more of the various districts established by this chapter. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which may be allowed because of their unusual characteristics or the service they provide the public. These conditional uses require particular consideration as to their proper location in relation to adjacent established or intended use and the planned development of the community; therefore, both staff recommendations and public meetings are required before granting a conditional use.

(B) Authority. The issuance of any permit shall not be approved until the recommendations of the Planning Commission have been received or until 60 days have elapsed since the referral of the matter to the Planning Commission, and unless it shall be found, in each case, that the location of the use for which the permit is sought, the manner of conducting the same and any building or facilities or services which are involved will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment or value of any property in the vicinity.

(C) Procedure. An application for a conditional use shall be on the form required by the Planning Commission and may be made by any governmental office, department, board or commission or by any person having a freehold interest, applicable to the parcel described in the application. The applicant shall pay a fee set by City Council to the city before public notice is published or city staff time is expended. All application for a conditional use shall be accompanied by a site plan in accordance with city procedures. Public notice shall be given not more than 30 days, nor less than ten days, in advance by publishing a notice in the official newspaper of the area. This notice shall describe the particular conditional use and shall contain a brief description thereof. The Zoning Administrator shall send written notice to all property owners or residents within 350 feet of the property. Assessor tax records and street address shall be deemed sufficient for the location of certification of ownership of the adjacent properties.

(D) Standards. In acting upon a request it may be determined that, in order to protect the public health, safety, convenience and welfare, or to avoid traffic congestion or hazard or for promoting conformity of a proposed use with the character of adjoining property and uses and the district as a whole, or for protecting such character, the issuance of a permit should be subject to conditions.

(1) In considering conditional use requests, the Planning Agency shall evaluate the use, utilizing the applicable requirements listed below.

(a) The land area and setback requirements of the property containing such a use or activity shall be at least the minimum established for the district.

(b) When abutting a residential use in a residential district, the property shall be screened and landscaped as determined by the Planning Agency.

(c) Where applicable, all city, state and federal laws, regulations and ordinances shall be complied with and all necessary permits secured.

(d) All signs shall be in compliance with ordinance regulations and shall not adversely impact adjoining or surrounding residential uses.

(e) Adequate off-street parking and loading shall be provided in accordance with § 155.034 of this chapter. The parking and loading shall be screened and landscaped from abutting residential uses in compliance with § 155.034(G) of this chapter.

(f) The proposed water, sewer and other utilities shall be capable of accommodating the proposed use.

(g) The street serving the use or activity is of sufficient design to accommodate the proposed use or activity, and the use or activity shall not generate such additional extra traffic to create a nuisance or hazard to existing traffic or to surrounding land uses.

(h) All access roads, driveways, parking areas and outside storage, service or sales areas shall be surfaced or grassed to control dust and drainage.

(i) All open and outdoor storage, sales and service areas shall be screened from view from the public streets and from abutting residential uses or districts.

(j) All lighting shall be designed as to have no direct source of light visible from adjacent residential areas or from the public streets.

(k) The use or activity shall be properly drained to control surface water runoff.

(l) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence.

(m) Where structures combine residential and non-residential uses, the uses shall be separated and provided with individual outside access, and the uses shall not conflict in any manner.

(2) All conditions pertaining to a specific site are subject to change when the Planning Commission or City Council, upon investigation, finds that the community safety, health, welfare and public betterment can be served as well or better by modifying the conditions.

(Prior Code, § 155.70) (Ord. 560, passed 6-6-1978; Ord. 613, passed 3-6-2002; Ord. 618, passed 5-6-2003)

§ 155.066 HOME OCCUPATIONS.

(A) Purpose. The purpose of this section is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood or compromise the residential character of the area. In addition, this section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily “more sensitive” home occupations, so that special home occupations may be reviewed through a hearing process.

(B) Application. Subject to the non-conforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this section. This section shall not be construed, however, to apply to home occupations accessory to farming.

(1) Permitted home occupation. Any permitted home occupation, as defined in this section, may operate without a specific permit.

(2) Special home occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this section shall require a special home occupation permit which shall be applied for, reviewed and disposed of in accordance with the provisions of § 155.065(C) of this chapter.

(3) Declaration of conditions. The City Council may impose such conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this section.

(4) Effect of permit. A special home occupation permit may be issued for a period of one year after which the permit may be reissued for periods of up to three years each. Each application for permit renewal shall, however, be processed in accordance with the provisions of § 155.065(C) of this chapter regarding conditional use permits; except that, no public hearing is required on the permit renewal, unless deemed necessary by the Planning Commission. However, if the Planning Commission deems a public hearing necessary, notice of the permit renewal application must be provided to all property owners of land within 350 feet of the boundary of the property in question. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this section.

(5) Transferability. Permits are licenses which are personal to the permittee and shall not run with the land, nor be transferable.

(6) Lapse of special home occupation permit by non-use. Whenever within one year after granting a permit, the use as permitted by the permit shall not have been initiated, then the permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council, through recommendation by the Planning Commission. The extension shall be requested in writing and filed with the City Planner at least 30 days before the expiration of the original permit. The request for extension shall state facts showing a good faith attempt to initiate the use. The petition shall be presented to the Planning Commission for a recommendation to the City Council.

(7) Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the City Council for at least six months from the date of its denial unless a decision to reconsider such matter is made by not less than four-fifths vote of the full City Council.

(8) Renewal of permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his or her monetary investment in the home occupation will be fully amortized over the life of the permit and that the permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be considered de novo without taking into consideration that a previous permit has been granted. The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit.

(D) Requirement, general provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions.

(1) General provisions.

(a) No home occupation shall produce light glare, noise, odor or vibration that in any way have an objectionable effect upon adjacent or nearby property.

(b) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.

(c) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof and shall result in no incompatibility or disturbance to the surrounding residential uses.

(d) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings, except where required to comply with local and state fire and police recommendations.

(e) There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.

(f) The home occupation shall meet all applicable Fire and Building Codes.

(g) All home occupations shall comply with the provisions of the city’s Nuisance Ordinance.

(h) No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless the occupation is contained entirely within the principal building and will not require any on-street parking facilities. The City Council shall have the authority to further restrict the hours of operation as necessary to meet the purpose of this section.

(2) Requirements, permitted home occupations.

(a) No person other than those who customarily reside on the premises shall be employed.

(b) All permitted home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings or attached garage.

(c) Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicle is parked closer than 15 feet from the curb line or edge of paved surface.

(d) Permitted home occupations include and are limited to: home offices; art studio; dressmaking; secretarial services; professional offices; teaching with musical dancing and other instructions which consist of no more than one pupil at a time; and similar uses.

(e) The home occupation shall not involve any of the following: repair service or manufacturing which requires commercial-grade equipment or equipment available only on a business- to-business basis; teaching which customarily consists of more than one pupil at a time; over-the-counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in a wholesale or retail outlet.

(3) Requirements, special home occupation.

(a) No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for non-resident assistance and that this exception would not compromise the intent of this section.

(b) Examples of special home occupations include: barber and beauty services; day care-group nursery; photography studio; group lessons; saw sharpening; small appliances and small engine repair; and the like.

(c) The special home occupation may involve any of the following: stock-in-trade incidental to the performance of the service, repair service or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one pupil at a time.

(d) Special home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In such cases where on-street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number of on-street spaces permitted and increase or decrease that maximum number when and where changing conditions require additional review.

(E) Non-conforming use. Existing home occupations lawfully existing on the effective date hereof may continue as non-conforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation that is discontinued for a period of more than 30 days, or is in violation of the provisions under which it was initially established, shall be brought into conformity with the provisions of this section.

(F) Inspection. The city hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.

(Prior Code, § 155.71) (Ord. 600, passed 6-6-2000; Ord. 630, passed 12-7-2004)

§ 155.067 INTERIM USES.

(A) Purpose and intent. The purpose and intent of allowing interim uses is:

(1) To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction;

(2) To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed with the respective district; and

(3) To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan; provided that, the use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.

(B) Procedure. Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established in § 155.065(C) of this chapter.

(1) Meet the standards of a conditional use permit set forth in § 155.065 of this chapter;

(2) The use is allowed as a conditional use in the respective zoning district;

(3) The date or event that will terminate the use can be identified with certainty; and

(4) The use will not impose additional unreasonable costs on the public.

(D) Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first:

(1) The date stated in the permit;

(2) Upon violation of conditions under which the permit was issued;

(3) Upon change in the city’s zoning regulations which renders the use non-conforming; and

(4) The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district.

(E) Certification of taxes paid. Prior to approving an application for an interim use permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest or city utility fees due upon the parcel or land to which the interim use permit application relates.

(Prior Code, § 155.72) (Ord. 601, passed 6-6-2000)

§ 155.068 APPEALS AND VARIANCES.

(A) Appeals. Appeals from the ruling of the Zoning Administrator concerning the enforcement and administration of the provisions of this chapter may be made by any affected person in accordance with the requirements of § 155.069 of this chapter.

(B) Variances. When a request is made for a variance from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, the Planning Commission will hear such requests for such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the chapter. The Planning Commission may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person’s land is located. The Planning Commission may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. The fee for a variance application is set by City Council and is to be paid to the City Clerk- Administrator before city staff time is utilized and the applications processed.

(C) Site plan. All applications for appeals and/or variances shall be accompanied by a site plan in accordance with city procedures.

(Prior Code, § 155.73) (Ord. 560, passed 6-6-1978)

§ 155.069 BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY.

(A) From and after the effective date of this chapter, it shall be unlawful to proceed with the construction, alteration, repair, enlargement, demolition or removal of any building or part thereof without first obtaining a building permit.

(B) Requests for a building permit shall be made to the city’s Clerk-Administrator on an application in accordance with adopted policies. Each application for a permit to construct or alter a building shall be accompanied by a plan drawn to scale showing the dimensions of the lot to be built upon and the size and location of the building and accessory buildings to be erected. Applications for any kind of building permit shall contain such other information as may be deemed necessary for the proper enforcement of the chapter. The fee for a building permit shall be based on the current state building valuation data. Building permit fees are collected and deposited in the city’s General Fund.

(Prior Code, § 155.74) (Ord. 560, passed 6-6-1978)

§ 155.070 ENFORCEMENT BY ZONING ADMINISTRATOR.

The Zoning Administrator is hereby authorized and directed to enforce all the provisions of this chapter and shall perform the following duties:

(A) Review and issue all applications pertaining to use of land, building or structures, and forward request for conditional use permits, variances or rezoning to the Planning Commission, or approve same when the application conforms with the provisions of this chapter;

(B) Keep a record of all non-conforming uses;

(C) Periodically inspect buildings, structures and uses of land to determine compliance with the terms of this chapter. In regard to performance standards, the Zoning Administrator may require the services of a testing laboratory to determine compliance. The cost of employing the laboratory shall be paid for by the owner if a violation of this chapter is established;

(D) Notify, in writing, any person responsible for violating a provision of this chapter, indicating the nature of the violation and ordering the action necessary to correct it;

(E) Order discontinuance of illegal use of land, buildings or structures or take any action authorized by this chapter to ensure compliance with or to prevent violation of its provisions;

(F) Maintain permanent and current records of this chapter, including all maps, amendments, conditional uses and variations; and

(G) Maintain a current file of all applications and building permits, all certificates of occupancy and all copies of notices of violation, discontinuance or removal for such time as necessary to ensure a continuance, compliance with the provisions of this chapter and, on request, provide information to any person having a proprietary or tenancy interest in any specific property.

(Prior Code, § 155.75) (Ord. 560, passed 6-6-1978)

§ 155.071 BOARD OF ADJUSTMENT AND APPEALS; FEES; APPEALS.

(A) Governing body. A Board of Adjustments and Appeals is hereby established as specified below.

(B) Appointment. The Planning Commission is hereby constituted and established as the Board of Adjustments and Appeals.

(C) Powers and duties. The Board of Adjust- ment and Appeals shall have the power and duties of hearing and deciding appeals or requests on the following cases:

(1) Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter;

(2) Requests for variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration;

(3) Appeals from any action of the building inspector in denying or granting a building permit; and

(4) In recommending a variance to the City Council, the Board of Adjustments and Appeals may impose conditions to ensure compliance and to protect adjacent properties. The Board of Adjustments and Appeals may not recommend as a variance any use that is not permitted under this chapter for the property in the zone where the affected person’s land is located.

(D) Fees. Before any city staff time is expended on a variance request, a fee of $75 must be paid to the city by the applicant. Within 60 days after filing of a request for a variance or an appeal from an administrative order or determination, the Board of Adjustment and Appeals shall set a date for hearing thereon and shall hear such persons as wish to be heard, either in person or by agent or attorney. Notices of any hearing shall be mailed not less than ten days before the date of the hearing to the person or persons who file in appeal or request, and in case of a request from a variance to each owner of property situated wholly or partially within 350 feet of the property to which the variance relates insofar as the names and addresses of the owners can be determined by the Planning Commission from records available. Within a responsible time after the hearing the Board of Adjustments and Appeals shall make its recommendations to the City Council. The City Council shall make the final decision.

(E) Records of proceedings. The Board of Adjustments and Appeals shall provide for a record of its proceedings, which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including its recommendation. The city’s Clerk-Administrator shall maintain a permanent record of the disposition of all appeals to it from decisions of the Board of Adjustments and Appeals.

(F) Appeals. Any person or persons jointly or severally aggrieved by any decision of the City Council may appeal to the District Court of the county by filing a petition setting forth that the decision is illegal in whole or in part, specifying the grounds of such illegality and by filing a copy of the notice of appeals with the city’s Clerk-Administrator with original petition, showing proof of filing with the city’s Clerk-Administrator, must be filed within 30 days after filing, with or of the decision appealed from in the office of the city’s Clerk-Administrator. The case shall be heard and determined by court without a jury.

(G) Other powers. The Board of Adjustments and Appeals shall have such other additional powers as are given to Board of Adjustments and Appeals by state law.

(Prior Code, § 155.76) (Ord. 560, passed 6-6-1978; Ord. 618, passed 5-6-2003)

§ 155.072 AMENDMENT TO THE ZONING CHAPTER.

(A) Initiation. An amendment to this chapter may be initiated by the City Council, the Planning Commission or by petition of affected property owners, contingent on the following requirements.

(1) An amendment petitioned by affected property owners shall be submitted first to the Zoning Administrator who shall make the initial determination as to whether the amendment would conform to this chapter and to state law, other code provisions, regulations and plans adopted by the City Council. If a proposed amendment is found to meet the foregoing requirements and before further action is taken by the Planning Commission and the City Council, the petitioner shall pay a fee of $75 to the city.

(2) An amendment not initiated by the Planning Commission shall be referred to the Planning Commission for study and report and may not be acted upon by the City Council until it has received the recommendation of the Planning Commission on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the Planning Commission.

(3) The Planning Commission shall hold public hearings on all proposed amendments to the zoning ordinance before submitting their recommendations to the City Council.

(B) Quorum. After meeting the above requirements, this chapter may be amended by the City Council in the same manner as other chapters except that zoning amendments shall require the affirmative vote of the majority of all members of the City Council.

(Prior Code, § 155.77) (Ord. 560, passed 6-6-1978)

§ 155.999 PENALTY.

Any person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in § 10.99 of this code of ordinances. Each day that the violation is permitted to exist constitutes a separate offense.

(Prior Code, § 155.99) (Ord. 560, passed 6-6-1978)