Hoyt Lakes City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 152.065 AMENDMENT OF ZONING REGULATIONS.

The Council may by four-fifths vote of the entire Council, from time to time, adopt amendments to this chapter.

(A) Initiation for amendment. The Council or the Commission may, upon their own motion, initiate a request to amend the text or the districting map of this chapter. Any person owning or holding a legal or equitable interest in real estate may petition the Council to amend the district boundaries so as to affect his or her real estate or a larger parcel which includes the real estate.

(B) Application for amendment. All petitions for amendments (rezoning) which are initiated by owners of property shall be filed with the Zoning Administrator. Property owners wishing to initiate a rezoning of their property shall fill out a “zoning form” which is available from the Zoning Administrator office. The forms shall be completed and signed by the petitioners, who shall recite therein, the general terms or particularity as the Planning Commission or City Council may require, the nature of their legal or equitable interest in the property in question, the change desired and the reason for the requested change. The zoning form shall be accompanied by a fee of $10 to cover the cost of processing the application. The zoning form shall be filed with the Zoning Administrator. When the application involves the changing of zoning districts and boundaries thereof, it shall be accompanied by a map or plat showing the lands proposed to be changed and all lands within 350 feet of the boundaries of the property proposed to be rezoned, together with a certified list of names and addresses of the owners of the land in the area as is currently on record with the County Auditor, and certified by him or her or his or her agents.

(C) Referral to the Commission. All petitions for amendments shall be referred to the Commission which shall hold an official public hearing within 60 days of the date of filing the petition.

(D) Hearing. The Zoning Administrator shall cause to be published a notice of public hearing in the official newspaper at least ten days but not more than 30 days prior to the date of the hearing.

(E) Action by the Commission. If the request is for a district change, notices shall be mailed to all owners of property within 350 feet of the parcel included in the request not less than ten days nor more than 60 days prior to the hearing. Failure of a property owner to receive notice shall not invalidate any proceedings as set forth within this chapter. The Commission shall make its recommendation to the Council within 60 days of filing of the request or within 60 days of any continuance of any matter granted at the applicant’s written request, by filing the recommendation with the Zoning Administrator.

(F) Action by the Council. The City Council may not act on the amendment without the recommendation of the Planning Commission until 60 days have elapsed after the proposed amendment has been referred to the Commission.

(Ord. 110, passed 4-23-1991)

§ 152.066 CONDITIONAL USE PERMIT.

(A) Application. Whenever this chapter requires a conditional use permit, an application therefore submitted as a conditional use permit form may be filed with the Zoning Officer together with a filing fee of $10 and shall be accompanied with site plan and other information including, but not limited to, the following:

(1) Site plan drawn at scale showing dimensions with setbacks noted;

(2) Location of all buildings, heights and square footage;

(3) Curb cuts, driveways, parking spaces;

(4) Off-street loading areas;

(5) Drainage plan;

(6) Type of business, proposed number of employees by shift;

(7) Proposed floor plan with use indicated and building elevations;

(8) Sanitary sewer and water plan with estimated use per day;

(9) A lighting plan showing the lighting of parking area, walks, security lighting and driveway entrance light;

(10) A landscape plan with a schedule of the plantings; and

(11) The Commission may require an environmental impact statement.

(B) Referral to Commission. The application and related file shall be referred to the Commission for study concerning the effect of the proposed use on the comprehensive plan and on the character and development of the neighborhood. The Commission shall hold an official public hearing within 60 days of the date of filing the petition.

(C) Hearing. The Zoning Administrator shall cause to be published a notice of public hearing in the official newspaper at least ten days, but not more than 30 days prior to the date of the hearing.

(D) Action by the Commission. Notices shall be mailed to all owners of property within 350 feet of the parcel included in the request not less than ten days nor more than 60 days prior to the hearing. Failure of a property owner to receive notice shall not invalidate any proceedings as set forth within this chapter. The Commission shall reach a decision upon the request within 60 days after the date of the above hearing.

(E) Amendment to conditional use permit. Procedure is the same as required for a conditional use permit.

(F) Records of conditional use permits. The Planning Commission shall maintain a record of all conditional use permits issued, including information on the use, location, conditions imposed by the Commission, time limits, review dates and other information as may be appropriate.

(G) Procedure for periodic review. If a periodic review is imposed, as a condition of the granting of a conditional use permit, the conditional use permit shall be reviewed at a public hearing at least 30 days prior to the expiration of the permit, with notice of the hearing published in the official newspaper at least seven days prior to the review. It shall be the responsibility of the Zoning Administrator to schedule the public hearing, and the owner of land having a conditional use permit shall not be required to pay a fee for the review.

(H) Concept plan review. The person applying for a conditional use permit or a planned unit development may request a concept review of the proposed development by the Planning Commission to gain information and thoughts relevant to the city plans and his or her development prior to filing formal application for a conditional use permit. The concept plan review, if for informative purposes only, and shall not be considered as either approval or denial of the applicant’s proposal.

(Ord. 110, passed 4-23-1991)

§ 152.067 VARIANCES.

(A) Applications. Applications for variances shall be filed with the Zoning Administrator along with a filing fee of $10 and shall state the exceptional conditions of the lot and the peculiar and practical difficulties claimed as a basis for a variance.

(B) Referral to Board of Adjustment.

(1) All applications for variances shall be referred by the Zoning Administrator to the Board of Adjustment which shall hear the applicant, or representative thereof, at its next regular meeting. Applications must be filed by the last business day of the month in order to be heard during a public hearing at the Board of Adjustment’s next regular meeting.

(2) The Board of Adjustment shall determine the conditions relating to the granting of a variance as it deems necessary to adjust the hardship or special situation so as to carry out the intent and purpose of this chapter or shall deny the request. Notice of the application shall be mailed to all owners of property within 350 feet of the parcel included in the request not less than ten days nor more than 60 days prior to the hearing. Notice will be published in the official newspaper at least ten days, but not more than 60 day prior to the hearing.

(C) Issuance of variances. In considering all requests and in taking subsequent action, the Board of Adjustment shall make a finding showing that all of the following conditions exist:

(1) There are practical difficulties in complying with the existing zoning regulations;

(2) The property owner proposes to use the property in a reasonable manner not permitted by current zoning regulations;

(3) The plight of the property owner is due to circumstances unique to the property not created by the property owner; and

(4) The variance, if granted, will not alter the essential character of the locality and is consistent with the comprehensive plan.

(D) Action by the Board of Adjustment. The Board of Adjustment shall reach a decision upon the request within 60 days after the date of the above public hearing. The Board of Adjustment may grant variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances peculiar and unique to the individual premises, or property, under consideration, and may grant a variance only when the applicant therefore has demonstrated that the action will be in keeping with the spirit and intent of this chapter with the zoning district in which a variance is applied for. The Board of Adjustment may impose any condition in the granting of the variances in order to ensure compliance with this chapter, or to protect adjacent property. No variance shall be granted pursuant to which the use of the property is extended or changed beyond the use permitted by this chapter in the district where the land is located.

(Ord. 110, passed 4-23-1991; Ord. 194, passed 9-13-2011)

§ 152.068 HOME OCCUPATION PERMITS.

(A) License required. It is unlawful for any person to engage in, or carry on, a Level 2 home occupation, as that term is defined, without first having obtained a license therefore from the city. Level 1 home occupations as defined in the zoning chapter are not required to be licensed as long as all conditions set forth in the zoning chapter are fully met.

(B) Regulation. Licenses will only be issued if the specific use is not prohibited, and the Planning Commission determines that the home occupation will be conducted with minimal or no effect on the surrounding neighborhood. The Planning Commission may impose reasonable conditions in the license to ensure that the home occupation will be conducted with minimal or no effect on the surrounding neighborhood.

(D) Public notification and hearing. The Planning Commission shall hold a public hearing for all home occupations required to be licensed. The owners of all parcels within 350 feet of the property (or a larger area at the discretion of the city) shall be notified ten days prior to the public hearing. The applicant or a representative of the applicant must be present at the public hearing.

(E) Purpose. Home occupation regulations are established to ensure that home occupations will not adversely affect the character and livability of the surrounding residential neighborhood. The home occupation shall function as an accessory and subordinate use to the principal use of the dwelling unit. In order to protect the public health, safety and welfare within residential neighborhoods, home occupations shall be divided into two regulatory levels.

(1) Level 1 home occupations. Home occupations that comply with all standards of division (G) below and which have no potential neighborhood impacts. Level 1 home occupations may be operated without a license or permit.

(2) Level 2 home occupations.

(a) Home occupations that comply with all standards of division (G) below but which could have potential neighborhood impacts; and home occupations that do not comply with all standards of division (G) below and which are not prohibited home occupations under division (H) below. Level 2 home occupations are required to be licensed per the provisions of this section. Level 2 home occupations may include, but are not strictly limited to:

1. Those with employed persons other than occupants of the dwelling;

2. Those involving the use or parking of a commercial or non-passenger vehicle, whether the use or parking is in a building or outside;

3. Those which do not meet one or more of the specified performance standards in division (G) below; and

4. Those which generate excessive traffic per the standards of division (G)(12) below.

(b) In cases where it is unclear whether a home occupation should be classified as Level 1 or Level 2, the Zoning Officer shall make a determination subject to Planning Commission confirmation if requested by the operator of the home occupation.

(F) License required for Level 2 home occupations. An annual license shall be obtained by any person operating a Level 2 home occupation.

(G) Home occupation regulations. The regulations recognize that many types of home occupations can be conducted with minimal or no effect on the surrounding neighborhood. Home occupations that comply with all of the following standards are Level 1 home occupations and are not required to be licensed. Home occupations that do not comply with all of the following standards are Level 2 home occupations and are required to be licensed.

(1) The home occupation shall be clearly incidental and secondary to the residential use of the premises, and shall result in no incompatibility with or disturbance to the surrounding area.

(2) Employed persons: no one other than the occupant(s) of the dwelling shall be on the property at any given time in relation to the home occupation. The home occupation may employ additional nonresident employees only if their work activities are performed off the premises. Domestic employees shall not be considered employees of the home occupation.

(3) Exterior alterations or modifications that change the residential character or appearance of the dwelling unit or accessory structure to that of a commercial nature shall be prohibited.

(4) Interior alterations or modifications that eliminate the kitchen, habitable areas for sleeping and bathrooms shall be prohibited.

(5) No home occupation shall produce noise, light and glare, odor, vibration or traffic that will in any way have a perceptible effect upon adjacent or nearby property.

(6) Outdoor storage prohibited: outdoor storage or display of materials, goods, supplies or equipment related to the conduct of the home occupation shall be prohibited, except that licensed passenger vehicles used in the home occupation may be parked outside provided they are in compliance with all other requirements of this section.

(7) Parking: all vehicle parking required for conduct of the home occupation shall be off-street. The off-street parking area required for the principal residential use shall be retained exclusively for the principal residential use and shall not be made unusable by the home occupation.

(8) Commercial or non-passenger vehicles: parking/storage of any commercial or non- passenger vehicles used in the home occupation shall be within a fully-enclosed building. Noise, odors or vibration from the operation of vehicles shall not be discernible at the property line.

(9) No equipment, machinery or materials other than of a type normally found in or compatible with a dwelling unit shall be allowed.

(10) No home occupation activity of a nonresidential character shall be discernible from any private or public street. There shall be no exterior signage or display, or interior signs or display, which are visible from outside the dwelling.

(11) The hours of operation that a home occupation may be accessible to the public shall be limited to the hours between 8:00 a.m. and 7:00 p.m.

(12) The home occupation shall not generate excessive traffic that is detrimental to the residential character of the surrounding properties or the neighborhood. For the purposes of this division (G)(12), more than five customers or clients per day, or more than two customers at any given time, may be determined to be an excessive and detrimental level of traffic. The number shall apply to each dwelling unit, regardless of the number of home occupations conducted in the dwelling unit. The criteria used by the Zoning Officer to determine impact shall include, but not be limited to:

(a) The characteristics of the neighborhood, including current land use, lot sizes, lot widths, parking availability and screening;

(b) Type of street, width and traffic volumes; and

(13) Shipment and delivery of products, merchandise or supplies shall be limited to the hours of 8:00 a.m. to 7:00 p.m. and shall regularly occur only in single rear axle straight trucks or smaller vehicles typically used to serve residential areas.

(H) Prohibited home occupations. The following uses, by their nature of operation, have a pronounced tendency to increase beyond the limits permitted for home occupations. These uses have objectionable operational characteristics that adversely impact residential neighborhoods and shall be prohibited as home occupations:

(1) Service, repair or painting of any motorized vehicle, including, but not limited to, motor vehicles, trailers, boats, personal watercraft, recreational vehicles and snowmobiles;

(2) Hair styling establishments;

(3) Dispatch centers where persons come to a site and are dispatched to other locations;

(4) Medical or dental clinic;

(5) Rental businesses;

(6) Contracting, excavating, welding or machine shops;

(7) Commercial kennels and veterinary clinics;

(8) Tow truck services;

(9) Ceramic studios with kilns of volume six cubic feet or more;

(10) The sale, lease, trade or other transfer of firearms or ammunition by a firearms dealer, except when the dealer is federally licensed to conduct the activity; and

(11) Sale or use of hazardous materials in excess of consumer quantities which are packaged for consumption by individual households for personal care or household use.

(I) Reasonable accommodation for disabled persons. Persons with physical or other legally recognized disabilities may request reasonable accommodation by requesting a waiver of one or more of the foregoing requirements. The Zoning Administrator may only grant waivers on the basis of the applicant’s physical limitations to function within the requirements.

(Ord. 110, passed 4-23-1991; Ord. 168, passed 5-25-2004)

§ 152.069 ZONING ADMINISTRATOR.

The City Council shall designate a Zoning Administrator having the following duties:

(A) Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments, conditional uses, variances, appeals and applications thereto;

(B) Receive, file and forward all applications for amendments, variances, conditional uses or other matters to the Commission, Council and Board of Adjustment; and

(Ord. 110, passed 4-23-1991)

§ 152.070 ZONING OFFICER.

The Zoning Officer is designated by the City Council and shall enforce this chapter and, in furtherance of the authority, he or she may:

(A) Enter upon the land or within a building during reasonable working hours as found necessary to fulfill his or her duties of enforcing the provisions of this chapter;

(B) Conduct inspections of buildings and use of land to determine compliance with terms of this chapter;

(D) Coordinate ordinance enforcement with the activities of the Zoning Administrator.

(Ord. 110, passed 4-23-1991)

§ 152.071 BOARD OF ADJUSTMENT/PLANNING COMMISSION.

(A) There shall be a Planning Commission/Board of Adjustment consisting of five members appointed by the City Council for three-year terms. The Board of Adjustment shall meet at least once each month if there are any petitions then pending for action before the Board, in accordance with the terms of this section.

(B) Appeals to the Board of Adjustment may be taken by any person aggrieved. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, giving public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person, or by agent, or by attorney.

(C) The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson and at any other times as the Board may determine. The Chairperson, or in his or her absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating the fact and shall keep records of its examinations and other official actions, all of which shall be public record and be immediately filed in the office of the Board.

(D) The Board of Adjustment shall always act with due consideration to promoting the public health, safety, convenience and welfare, encouraging the most appropriate use of land and conserving property value, shall permit no building or use detrimental to a neighborhood, and may prescribe appropriate conditions and safeguards in each case.

(E) The Board of Adjustment shall have the following powers:

(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Officer; and

(2) To hear requests for variances from the requirements of the zoning ordinance including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the zoning ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with this chapter. PRACTICAL DIFFICULTIES, as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance, the plight of the property owner is due to circumstances unique to the property not created by the property owner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. The Board of Adjustment may not permit as a variance any use that is not allowed under this chapter for property in the zone where the affected person’s land is located. The Board of Adjustment may impose conditions in the granting of variances, which must be directly related to and must bear a rough proportionality to the impact created by the variance.

(F) In exercising the above mentioned powers the Board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make the order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officer from whom the appeal is taken.

(G) The majority vote of the members of the Board shall be sufficient to reverse any order, requirement, decision or determination of the Zoning Officer, or to decide in favor of the applicant on any matter which it is required to pass under this chapter, or to effect any variation in this chapter.

(Ord. 110, passed 4-23-1991; Ord. 194, passed 9-13-2011)

§ 152.072 ZONING PERMIT.

No structure shall hereafter be erected, or structurally altered until a zoning permit shall have been issued indicating that the existing or proposed structure and the use of the land comply with this chapter. All applications for zoning permits pertaining to the erection or major alterations which will affect the outside dimensions of a structure, shall be accompanied by three copies of a site plan. If the site consists of land not a part of a subdivision or land composed of partial lots, the site plan shall be attached to a survey or a registered land surveyor showing the actual dimensions of the lot, lots or parcel to be built upon. The site plan shall also show dimensions of existing and/or proposed structures to be erected or structurally altered, their location on the site in relation to the outside boundary, the required off-street parking plan and any other information as may be necessary to provide for the enforcement of these regulations. Site plans submitted for all uses except one- and two-family dwellings shall contain lighting and landscape plans. Construction on all structures or alterations for which a zoning permit has been issued must be commenced within one year of the date of the zoning permit and must be completed within two years of the date of the zoning permit.

(Ord. 110, passed 4-23-1991) Penalty, see § 152.999

§ 152.073 APPEALS.

All decisions of the Board of Adjustment, whether variances, conditional use permits, home occupation permits or other, shall be final, subject to the appeal to the City Council, and the right of later judicial review. Any person aggrieved by a decision of the Board of Adjustment may appeal the decision to the City Council as follows. Any aggrieved party, to appeal, must file with the City Clerk-Treasurer, a written notice of appeal within five days (excluding Saturdays, Sundays and legal holidays) following the Board of Adjustment’s written decision. The City Council shall act upon the appeal within 30 days from receipt of same, and the City Council may limit the appeal to a review of the records and proceedings held before the Board of Adjustment, or may by majority vote schedule a public hearing on the appeal, to allow testimony and providing reasonable notice. The decision of the City Council shall be by majority vote, and the decision shall be made within 30 days from the City Council hearing. Any party aggrieved by a decision or order of the Board of Adjustment or City Council may seek judicial review of the decision, reviewed by an appropriate remedy in the District Court, only if the party has appealed the decision to the City Council as provided in this section. The written decisions of the Board of Adjustment and the City Council shall be mailed to the applicant and to any other interested parties who have requested written notice of the decision.