(a)

Purpose. The regulations imposed by this zoning code and by the zoning map may be amended from time to time in accordance with this section. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.

(b)

Minimum map amendment area. A zoning map amendment requires a minimum area of two acres, unless such amendment is to rezone to a residential district listed in article IV.

(c)

Initiation.

(1)

The board of directors may propose a zoning text or map amendment. Amendments proposed by the board of directors may be made in accordance with the following:

a.

The board of directors may refer a request for amendment to the planning commission to be considered in accordance with the procedures outlined in [subsection] (2) below.

b.

The board of directors may act upon a request to amend this Code in an emergency that threatens the health, safety, and welfare of the citizens of the city. An amendment may be made under this section regarding emergencies only upon the approval of two-thirds of the entire board of directors.

(2)

The planning commission may propose a zoning text or map amendment. Amendments proposed by the planning commission may be made in accordance with the following:

a.

The planning commission may, from time to time, either upon request by one or more of its members, by direction of the board of directors, or in the course of its normal planning activities, consider amendments or additions to the zoning code.

b.

The planning commission must prepare a work program and make studies, including the preparation of maps, to support its decisions regarding possible amendments.

(3)

A property owner may propose a zoning text or map amendment. Such applicant's attendance at the public hearing is mandatory. The planning commission will dismiss any application for which the applicant or their designated representative fails to attend.

(d)

Authority. The board of directors, after receiving a recommendation from the planning commission, may take action on requests for zoning text or map amendments, and plan development applications.

(e)

Procedure.

(1)

Filing. All applications must be filed with the planning and development director in accordance with article XIII. Once it is determined that the application is complete, staff will schedule the application for consideration by the planning commission. Amendments initiated by the board of directors or planning commission also require an application but are exempt from fees.

(2)

Action by planning commission.

a.

Upon receipt of a complete application, the planning commission will consider the proposed zoning amendment at a public hearing. Notice is required per article XIII.

b.

The planning commission must evaluate the application based upon the evidence presented, pursuant to the approval standards of this section.

c.

For zoning text amendments, the planning commission must recommend approval, approval with modifications, or denial of the application. For zoning map amendments, the planning commission must recommend approval or denial of the application or may recommend a more appropriate zoning district.

d.

After the close of the meeting, the planning commission will forward its recommendation to approve to the board of directors.

e.

Planning commission recommendation to not approve is final unless appealed to the board of directors.

(3)

Action by board of directors.

a.

The board of directors review the application and the planning commission recommendation at a meeting.

b.

The board of directors may take action in the form of approval, approval with modifications, or denial on applications for zoning text amendments. For zoning map amendments, the board of directors may take action in the form of approval or denial or may approve an alternate zoning district.

c.

The board of directors may remand to the planning commission for specific action.

(f)

Approval standards. The planning commission recommendation and the board of directors decision on any zoning text or map amendment is a matter of legislative discretion that is not controlled by any particular standard. However, in making their recommendation and decision, the planning commission and the board of directors will consider the following standards. Approval of amendments is based on a balancing of these standards.

(1)

Approval standards for map amendments.

a.

The compatibility with surrounding development or zoning.

b.

The extent to which the proposed amendment creates nonconformities.

c.

Responds to a significant change in surrounding physical, economic, land use, or other conditions.

d.

Implements an approved city plan, including the comprehensive plan.

e.

The consistency of the proposed amendment with the objectives of this Code.

f.

Fulfills a demonstrated public need.

g.

Corrects an error in previous map amendment action.

(2)

Approval standards for text amendments.

a.

Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy.

b.

The extent to which the proposed amendment creates nonconformities.

c.

The consistency of the proposed amendment with the intent and general regulations of this Code.

d.

Consistent with an approved city plan, including the comprehensive plan.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

(a)

Purpose. This Code is based upon the division of the city into districts. Within each district, the use of land and structures are considered substantially uniform. Certain uses, because of their unique characteristics, cannot be properly classified in a particular district or districts without considering the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.

(b)

Initiation. A property owner may file an application to use their land for one or more of the conditional uses authorized within a district. A property owner may propose a conditional use only for property under their control.

(c)

Authority. The planning commission may take action on requests for conditional uses.

(d)

Procedure.

(1)

Filing. All applications must be filed with the planning and development director in accordance with article XIII. Once it is determined that the application is complete, the staff will schedule the application for consideration by the planning commission. Notice is required per article XIII.

(2)

Approval process.

a.

Upon receipt of a complete application, the planning commission will consider the conditional use at a public meeting.

b.

The planning commission will evaluate the application based upon the evidence presented at the public meeting, pursuant to the approval standards of this section.

c.

The planning commission must either approve, approve with conditions, or deny the conditional use.

d.

The planning commission may impose additional conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary for the protection of the public health, safety, and welfare. Any conditions imposed by the planning commission are not eligible for a variance.

(e)

Approval standards. The listing of a use as a conditional use within a district does not constitute an assurance or presumption that such conditional use will be approved. Rather, each conditional use must be evaluated on an individual basis, in relation to all applicable standards of this Code. Such evaluation will determine whether approval of the conditional use is appropriate at the particular location and in the particular manner proposed. The decision must make findings to support each of the following:

(1)

The proposed use is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected.

(2)

The proposed land use is compatible with and will not adversely affect other property in the area.

(3)

The proposed use is within the provision of conditional uses as set out in this Code.

(4)

The proposed use conforms to all applicable provisions of the zoning district in which it is to be located.

(5)

The size and shape of the site, and the size, shape, and arrangement of the proposed structures, are in keeping with the intent of the comprehensive plan and this Code.

(6)

The internal street system, ingress or egress, off-street parking, loading, and pedestrian ways will be efficient and safe.

(7)

Safeguards, including, but not limited to, hours and methods of operation, landscape and screening, controlling noxious or offensive emissions, including lighting, noise, glare, dust and odor, are satisfactory.

(8)

Public utilities are, or will be, available and will not be overloaded.

(f)

Modifications to approved conditional use. Any modifications to the conditions of approval for a previously approved conditional use must be resubmitted as a new conditional use application. Any modifications that meet Code standards are permitted, subject to the regulations of this Code and any conditions imposed as part of approval.

(g)

Expiration. A conditional use approval expires if any one of the following conditions occurs and no request for an extension of the conditional use validity is granted or pending. The original approving body may grant an extension for a period of validity, so long as the applicant applies in writing for an extension of time at any time prior to the date of expiration.

(1)

When an approved conditional use is changed to another use.

(2)

For conditional uses approved in conjunction with new construction or additions or enlargements to an existing structure, the conditional use approval expires within one year of the date of approval if a building permit has not been issued.

(3)

For conditional uses approved in conjunction with an existing structure or on lot where no structure is planned, the conditional use approval expires within one year of the date of approval if the licenses or permits required for the operation or maintenance of the use have not been obtained.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

(a)

Purpose. The purpose a variance is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of the zoning regulations of this Code that create practical difficulties or particular hardships.

(b)

Initiation. A property owner may file an application for a variance. A property owner may only propose a variance for property under their control.

(c)

Authority. The board of adjustment will take formal action on variances on zoning.

(d)

Procedure.

(1)

All applications must be filed with the planning and development director in accordance with article XIII. Once it is determined that the application is complete, the staff will schedule the application for consideration by the board of zoning adjustment. Notice is required per article XIII.

(2)

Upon receipt of a complete application, the board of zoning adjustment will consider the variance at a public meeting.

(3)

The board of zoning adjustment must evaluate the application based upon the evidence presented at the public meeting, pursuant to the approval standards of this section. The board of zoning adjustment will approve, approve with modifications, or deny the variance.

(4)

The board of zoning adjustment may impose such conditions in the granting of a variance to ensure compliance and to protect adjacent property.

(5)

The board of zoning adjustment may grant a variance that is less than that requested when it has been decided that the applicant is entitled to some relief of the hardship, but not to the entire relief requested in the variance application.

(e)

Approval standards. The board of zoning adjustment may authorize a variance from the strict application of this Code to relieve such difficulties or hardship only in accordance with the following criteria:

(1)

That by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of enactment of the zoning regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of this Code would result in peculiar and practical difficulties or undue hardships upon the owner to develop their property.

(2)

That the peculiar hardship, practical difficulties, or undue hardships apply to the particular land or building regardless of the owner.

(3)

That the peculiar hardship, practical difficulties, or undue hardship have not been created by the property owner.

(4)

That such action will be in keeping with the spirit and intent of the provisions of the Code.

(f)

Limitations.

(1)

No variance may allow a use that is prohibited in the district.

(2)

The variance granted is the minimum adjustment necessary for the reasonable use of the land.

(g)

Expiration. An approved variance will expire one year from the date of approval unless a building permit is obtained or applied for within such period. The board of zoning adjustment may grant an extension for a period of validity so long as the applicant applies in writing for an extension of time at any time prior to the date of expiration.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

(a)

Purpose. Planned developments (PD) are intended to encourage and allow more creative and flexible development of land than is possible under district zoning regulations and provides enhanced design and amenities to the city. The underlying zoning district dimensional, design, and use regulations apply to a PD unless specifically modified through approval. Through the flexibility of the planned development technique, a PD is intended to:

(1)

Encourage flexibility in the development of land and in the design of structures.

(2)

Encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of other sections of this Code.

(3)

Allow for development design that is architecturally and environmentally innovative, and that achieve better utilization of land than is possible through strict application of standard zoning controls.

(4)

Combine and coordinate architectural styles, building forms, and structural/visual relationships within an environment that allows mixing of different uses in an innovative and functionally efficient manner.

(5)

Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, circulation patterns, and utilities.

(6)

Encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic and geologic conditions, and refrains from adversely affecting flooding, soil, drainage, and other natural ecologic conditions.

(7)

Facilitate the implementation of adopted city land use policies, particularly with respect to areas planned for potential redevelopment.

(b)

Initiation. The entire property proposed for the planned development must be in single ownership or under unified control. All owners of the property must be included as joint applicants on all applications and all approvals will bind all owners.

(c)

Authorization.

(1)

A planned development is authorized in all districts.

(2)

A planned development must be granted in accordance with the procedures and standards of this section. Unless specifically excepted as part of the planned development approval, the requirements of the underlying district apply.

(3)

Planned development approval is separate from subdivision approval. PD approval may be granted first, whereby subdivision approval would be granted subsequently in compliance with the approved PD design.

(d)

Exceptions from district regulations.

(1)

A planned development is subject to the underlying district dimensional, design, and use regulations unless an exception is specifically granted. The planning commission may recommend and the board of directors may grant exceptions to the district dimensional, design, and use regulations where a planned unit development is located.

(2)

Exceptions from district regulations may be granted for planned developments if the exceptions:

a.

Enhance the overall merit of the planned development.

b.

Enhance the quality of the design of the structures and the site plan.

c.

Will not cause excessive adverse impact on neighboring properties.

d.

Are compatible with adopted city plans and policies, and in keeping with the intent of this Code.

(3)

The underlying district dimensional, design, and use regulations apply, unless an exception is granted as part of the planned development approval. To be granted such exceptions, the applicant must demonstrate enhanced design and amenities. In no case may an exception to district regulations be granted unless the applicant demonstrates such enhanced design and amenities. Design characteristics and amenities to be considered in this determination include, but are not limited to, the following examples:

a.

Community gathering spaces and amenities including plazas, public art, formal gardens, and outdoor seating areas.

b.

Use of sustainable design, energy efficient design concepts, and new building technologies.

c.

Preservation of existing environmental features.

d.

Preservation of historic features and adaptive reuse of existing buildings.

e.

New open space and recreational amenities such as parks and playgrounds, natural water features and conservation areas, jogging trails and fitness courses, dog parks, skate parks, and similar recreational features.

f.

Workforce/affordable housing set-asides.

g.

Senior housing set-asides.

h.

Improvement of existing on-site and off-site infrastructure.

i.

Improvements or creations of new pedestrian, bicycle, and transit facilities.

(e)

Procedure. The approval of a planned development includes a pre-application consultation and development plan approval.

(1)

Pre-application consultation.

a.

Prior to formal submittal of an application, a pre-application conference with the planning and development director is required. The planning and development director may include additional city staff in the pre-application conference.

b.

At a pre-application consultation, the applicant must provide information as to the location of the proposed planned development, the proposed uses, proposed improvements, the enhanced design and amenities, anticipated exceptions to this Code, and any other information necessary to explain the planned development.

c.

The purpose of such pre-application consultation is to make advice and assistance available to the applicant before preparation of the concept plan or development plan, so that the applicant may determine whether the proposed planned development is in compliance with the provisions of this Code and other applicable regulations, and whether the proposed planned development aligns with the adopted policies of the city.

d.

The pre-application conference does not require formal application, fee, or filing of a planned development application. Any opinions or advice provided by the planning and development director are in no way binding with respect to any official action that may be taken on the subsequent formal application. No decision will be made on the application.

(2)

Development plan.

a.

Filing and notice. All applications must be filed with planning and development director in accordance with article XIII. Once it is determined that the application is complete, staff will schedule the application for consideration by the planning commission.

b.

Action by planning commission.

1.

Upon receipt of a complete application, the planning commission will consider the development plan at a public hearing. Notice is required per article XIII.

2.

The planning commission must evaluate the application based upon the evidence presented, pursuant to the approval standards of this section.

3.

The planning commission will recommend approval, approval with conditions, or denial of the application.

4.

After the close of the meeting, the planning commission will forward its recommendation to the board of directors.

c.

Action by board of directors.

1.

The board of directors may take action on the development plan following receipt of the planning commission recommendation at a public meeting.

2.

The board of directors will take action in the form of approval, approval with conditions, or denial of the planned development.

d.

Conditions. The planning commission may recommend, and the board of directors may impose, such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the planned development as deemed necessary for the protection of the public health, safety, and welfare. Such conditions and restrictions must be reflected in a revised development plan.

e.

Approval standards. The recommendation of the planning commission and decision of the board of directors must make a finding that the following standards for a planned development have generally been met.

1.

The proposed planned development will not be injurious to the use and enjoyment of other property in the vicinity.

2.

The proposed planned development will not impede the normal and orderly development and improvement of surrounding property.

3.

There is provision for adequate utilities and infrastructure, drainage, off-street parking and loading, pedestrian access, and all other necessary facilities.

4.

There is provision for adequate vehicular ingress and egress designed to minimize traffic congestion upon public streets.

5.

The location and arrangement of structures, parking areas, walks, landscape, lighting, and other site design elements, are compatible with the surrounding neighborhood and adjacent land uses.

(f)

Effect of approval. After development plan approval, the development plan will constitute the regulations applicable to the subject property. The planned development must be developed in accordance with the development plan, rather than the district regulations otherwise applicable to the property. Violation of any condition is a violation of this Code and constitutes grounds for revocation of all approvals granted for the planned development.

(g)

Modifications to approved development plans. No adjustments may be made to the approved development plan, except upon application to the city in accordance with the following. An application for a change to an approved development plan must be submitted to the planning and development director. Applications must include a written description of the proposed change, including the reason for such change, and a notation of the location on the appropriate part of the approved development plan.

(1)

Administrative modifications. The planning and development director may approve the following administrative modifications to an approved development plan when it is determined by the planning and development director that such changes are in substantial conformance with the approved development plan. Any changes considered a minor or major modification, as defined in this section, cannot be approved as an administrative modification. The planning and development director may choose to classify a modification that meets the criteria of this section as a minor modification to be approved by the planning commission. No notice is required for an administrative modification.

a.

Changes required during construction when related to final engineering issues such as topography, drainage, underground utilities, structural safety, or vehicular circulation, to be confirmed by the city engineer.

b.

Changes in building location of no more than ten feet that continue to meet the requirements of this Code and any conditions of the final plan approval.

c.

Changes in the location of walkways, vehicle circulation ways, and parking areas of up to ten feet that continue to meet the requirements of this Code and any conditions of the final plan approval.

d.

Interior modifications to any structure that do not increase the area of the building footprint.

e.

Changes in building design, including building materials, that continue to meet the requirements of this Code and any conditions of the final plan approval.

f.

Modification of existing accessory structures or the addition of new accessory structures when in conformance with the requirements of this Code.

g.

Modifications to the approved landscape plan that do not result in a reduction of the total amount of plant material required and conform with all landscape requirements of the City of Hot Springs Code of Ordinances.

h.

Modification of existing signs or the addition of new signs when in conformance with sign regulations.

(2)

Minor modifications. The planning commission may approve at a public hearing the following minor modifications to an approved development plan when it is determined by the planning commission that such changes are in general conformance with the approved final plan. Any changes considered a major modification, as defined in this section, cannot be approved as a minor modification. The planning commission, at its sole discretion, may choose to classify a modification that meets the criteria of this section as a major modification to be approved by the board of directors. Notice is required for a minor modification as for the development plan. When calculating percentages, all fractions are rounded up to the nearest whole number.

a.

An increase or decrease in building height of up to ten percent.

b.

An increase or decrease in building coverage and/or impervious surface coverage up to ten percent.

c.

A change of in the location of walkways, vehicle circulation ways, and parking areas over ten up to 20 feet.

d.

An increase or decrease in the number of parking spaces of up to ten parking spaces.

e.

A change to the landscape plan that results in a reduction of plant material but does not violate the landscape requirements of this Code.

f.

Altering any final grade by no more than 20 percent of the originally planned grade.

(3)

Major modifications.

a.

The planning commission may recommend and the board of directors may approve any other changes to an approved development plan that do not qualify as an administrative or minor modification. In addition, all of the following are considered major modifications:

1.

Any request for an extension of time of the approved development plan.

2.

Changes to any conditions imposed as part of the approved development plan.

3.

Reductions or alterations in the approved enhanced design and amenities to be provided.

b.

All major modifications to the development plan must be approved by the board of directors. The board of directors may only approve changes to the development plan if they find such changes are in general conformance with the approved development plan, necessary for the continued successful functioning of the planned unit development, respond to changes in conditions that have occurred since the development plan was approved, and/or respond to changes in adopted city policies.

c.

Upon review of the proposed major modifications, the board of directors may determine that the proposed modifications constitute a new planned development and a new application for PD be submitted and follow the procedures of approval in this section.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

(a)

Purpose. A temporary use permit allows for the short-term use and/or placement of structures on a lot. The temporary use permit regulates temporary uses that occur entirely on and within a lot (private property). Temporary uses located within the public right-of-way are regulated separately by the city code.

(b)

Initiation. A property owner or a person expressly authorized in writing by the property owner may initiate a temporary use permit application.

(c)

Authority. The planning and development director will review and make final decisions on temporary use permit applications.

(d)

Procedure.

(1)

All applications for temporary use permit must be filed with the planning and development director.

(2)

The planning and development director must render a decision on the temporary use permit within 30 days of the date of receipt of a complete application. The planning and development director must review and evaluate the application, pursuant to the standards of this section, and approve, approve with conditions, or deny the application.

(e)

Approval standards. All temporary uses must comply with the requirements of this Code, including the temporary use standards of article VIII, and the following standards:

(1)

Unless otherwise allowed by this Code, the temporary use or structure complies with the dimensional requirements of the district in which it is located.

(2)

The temporary use does not adversely impact the public health, safety, and welfare.

(3)

The temporary use is operated in accordance with any restrictions and conditions as the police department, fire department, and/or other city officials may require.

(4)

The temporary use does not conflict with another previously authorized temporary use.

(5)

The temporary use provides adequate parking if needed. If located on a lot with an operational principal use, does not impact the parking and site circulation of the principal use.

(f)

Expiration. The temporary use permit is valid for the time period granted as part of the approval.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

(a)

Purpose. The interpretation authority is intended to recognize that the provisions of this Code, though detailed and extensive, cannot, as a practical matter, address every specific zoning issue. However, this zoning interpretation authority is not intended to add or change the essential content of the Code.

(b)

Initiation. The board of directors, planning commission, or a property owner in the city may initiate a zoning interpretation application. All interpretation requests must be for the purpose of furthering actual development.

(c)

Authority. The planning and development director will review and make final decisions on written requests for zoning interpretations.

(d)

Procedure.

(1)

All applications for interpretations must be filed with the planning and development director.

(2)

The planning and development director must review a written request for an interpretation and render the interpretation in writing within 30 days of receipt of a complete application.

(3)

The planning and development director may request additional information prior to rendering an interpretation. Until such additional material is received, the 30-day period is temporarily suspended until such material is received.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

(a)

Appeals of planning commission decisions.

(1)

Appeals of planning commission decisions may be appealed to the board of directors. In order to make an appeal, the aggrieved party must file a notice of appeal with the planning and development director within 30 days of the planning commission's final action. The notice of appeal must be filed on forms and in a format prescribed by the planning commission. At a minimum, the applicant must provide the following information:

a.

Summary of any reasons provided by the planning commission concerning the decision made in the case.

b.

Reasons why the applicant of the appeal contends that the planning commission erred in its decision.

c.

Reasons why the applicant of the appeal believes that the public health, safety, and welfare would be better served if the planning commission's decision were reversed.

d.

Any new and pertinent information bearing on the case which may have been overlooked by the planning commission or which may have come to light following the meeting at which the Planning Commission made its decision.

(2)

The planning and development director will provide notice of the appeal in accordance with the applicable provisions of this Code in the same manner and to the same parties as the initial application.

(3)

Appeals to the board of directors are de novo; however, they must first be considered on the record of the public hearing and planning commission meeting at which the original case was heard and the original decision made. Based on this review, the board of directors may affirm the planning commission's decision, reverse it, or send the case back to the planning commission for further study and re-certification. If new information is placed before the board of directors that, in the opinion of the board of directors, would affect the planning commission's decision, the board of directors may refer the case back to the planning commission for further study, including the new information, and re-certification.

(b)

Appeals of planning and development director decisions.

(1)

A property owner in the city that is directly affected by a determination of the planning and development director may file an appeal of the planning and development director decision on an administrative modification, zoning interpretation, temporary use permit, sign permit, or other administrative zoning decision related to this Code.

(2)

The board of zoning adjustment shall hear appeals from the planning and development director's decision in respect to the enforcement and application of the ordinance and may affirm or reverse in whole or in part the decision of the planning and development director.

(3)

All applications must be filed with the planning and development director. once it is determined that the application is complete, the planning and development director will schedule the application for consideration by the board of zoning adjustment.

a.

Upon receipt of a complete application, the board of zoning adjustment will consider the appeal at a public hearing.

b.

The board of zoning adjustment must evaluate the application based upon the evidence presented at the public hearing.

c.

Following the close of the public hearing, the board of zoning adjustment must either affirm or reverse in whole or in part the decision of the planning and development director.

(4)

A decision of the planning and development director may only be appealed if an application is filed within 30 days of the date the decision is made.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

(a)

No structure may be erected, altered, moved, or extended until a building permit has been issued by the city in accordance with the building code. The planning commission may impose conditions for permitting under the terms of these regulations.

(b)

All applications for building permits must be accompanied by a site plan and depict the following.

(1)

Vicinity map.

(2)

Lot drawing with dimensions.

(3)

Location and dimension of all buildings.

(4)

Location of all drives and parking.

(5)

Sidewalks, including ramps for access for persons with disabilities.

(6)

Drainage, existing and proposed. Drainage improvements requiring the sizing of pipes, the construction of drainage structures, or the handling of water that cannot be disposed of overland must be designed by a professional engineer registered in the State of Arkansas.

(7)

Photometric plan including location and type of exterior lighting.

(8)

Location of trash dumpsters and external audio speakers.

(9)

Location of signs.

(c)

The site plan does not have to be prepared by a registered professional, unless otherwise required, but must be professionally drawn. Structures not served by the city sewer system must include details of the proposed sanitary sewage disposal system.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

(a)

A land or structure may be used or occupied only for the use or uses shown on the certificate of occupancy.

(b)

No new structure may be used or occupied unless a certificate of occupancy for such has been issued by the chief building official.

(c)

A change of use in an existing structure requires a certificate of occupancy issued by the chief building official.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

(a)

Purpose and intent. The purpose of allowing reasonable accommodations is to provide a process for individuals with disabilities to make requests for reasonable accommodations for relief from the various land use, zoning, or rules, policies, practices, and/or procedures of the city. It is the policy of the city, pursuant to the Federal Fair Housing Act, to provide people with disabilities reasonable accommodations in rules, policies, and procedures that may be necessary to ensure equal access to housing.

(b)

Requests. In order to make specific housing available to an individual with a disability, a disabled person or their representative may request reasonable accommodations relating to the various land use, zoning, or rules, polices, practices, and/or procedures of the city.

(1)

If an individual needs assistance in making the request for reasonable accommodations or appealing a determination regarding reasonable accommodations, the planning and development director will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant.

(2)

A request for reasonable accommodations with regard to city regulations, rules, policies, practices, and/or procedures may be filed on an application form provided by the planning and development director at the time that the accommodation may be necessary to ensure equal access to housing.

(c)

Required information. The applicant must provide the following information when requesting reasonable accommodations. This information will be part of the public record for the project and subject to all applicable state and federal laws for public access to records.

(1)

A completed application indicating the applicant's name, address, telephone, and email.

(2)

The zoning code provision, regulation, or policy from which reasonable accommodations is being requested.

(3)

The basis for the claim that the person requesting the reasonable accommodations is considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing available to the person.

(4)

Such other relevant information as may be requested by the planning and development director as they reasonably conclude is necessary to determine whether the findings required by this section can be made, so long as any request for information regarding the disability of the individuals benefited complies with Fair Housing Law protections and the privacy rights of the individual affected.

(d)

Approval authority and approval procedure.

(1)

The planning and development director has the authority to consider and take action on requests for reasonable accommodations. A request for reasonable accommodations must be filed with the planning department and referred to the planning and development director for review and consideration as an administrative action, unless determined otherwise by the planning and development director. Such a request may be for reasonable physical improvement that cannot be constructed to conform to the city's setbacks or design standards, or may be a request for reasonable treatment pursuant to interpreting a definition. Typical improvements considered to be administrative in nature include ramps, walls, handrails, or other physical improvements necessary to accommodate a person's disability, or a request delineating grounds to exceed the maximum number of residents.

(2)

The planning and development director shall issue a written determination of their action within 15 days of the date of receipt of a completed application and may:

a.

Grant or deny the accommodation request.

b.

Grant the accommodation request subject to specified nondiscriminatory conditions.

c.

Forward the request to the planning commission for consideration as a conditional use permit and subject to the findings in this section.

(3)

In the event the planning and development director determines that the request for reasonable accommodations is non-administrative in nature, such request will be forwarded to the planning commission as a conditional use permit and subject to the findings in this section.

(4)

All written determinations of actions of the planning and development director must give notice of the right to appeal and the right to request reasonable accommodations on the appeals process (e.g., requesting that city staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action must be sent to the applicant by mail.

(5)

If necessary to reach a determination or action on the request for reasonable accommodations, the planning and development director may request further information from the applicant specifying in detail what information is required. In the event a request for further information is made, the 15-day period to issue a written determination is stayed until the applicant fully and sufficiently responds to the request.

(e)

Considerations. The city may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

(1)

Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability.

(2)

Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.

(3)

In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants.

(4)

In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

(5)

The city may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city's zoning code:

a.

Whether the requested accommodation would fundamentally alter the character of the neighborhood.

b.

Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

c.

Whether granting the requesting accommodation would substantially undermine any express purpose of either the city's land use or comprehensive plan or an applicable specific plan.

d.

In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

(f)

Required findings for reasonable accommodations. In making a determination regarding the reasonableness of a requested reasonable accommodations, the approving authority must make the following findings:

(1)

The housing which is the subject of the request for reasonable accommodations will be used for an individual protected under the Fair Housing Act.

(2)

The request for reasonable accommodations is necessary to make specific housing available to an individual protected under the Fair Housing Act.

(3)

The requested reasonable accommodations does not impose an undue financial or administrative burden on the city and does not fundamentally alter city zoning, development standards, policies, or procedures.

(4)

The requested accommodation will not result in a fundamental alteration in the natures of the city's zoning process, as "fundamental alteration' is defined in fair housing laws and interpretive case law.

(5)

The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals, or substantial physical damage to the property of others.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)