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Jackson City Zoning Code

ADMINISTRATION

§ 153.185 VARIANCES.

   The city may grant variances from the provisions of this chapter in instances where an applicant shows that strict adherence to the regulations would cause hardship because of circumstances unique to the individual property.
   (A)   The applicant shall establish that conforming to the strict letter of the regulations of this chapter would create a unique and particular hardship.
      (1)   The hardship must be peculiar to the property as compared to other property subject to the same regulations.
      (2)   The hardship is more than an inconvenience to the property owner.
      (3)   The hardship relates to physical characteristics of the lot or parcel such as size, shape or unusual terrain which would prohibit reasonable development on the site equivalent to that generally allowed on other standard lots in the same district which have no unusual configuration.
      (4)   The hardship is not the result of actions by the applicant or current landowner.
      (5)   The hardship is not based solely on economic expectations.
   (B)   A variance may be granted if to deny the variance would deprive the property owner substantial property rights commonly enjoyed by other property owners in the same district.
   (C)   The variance shall not impair the health, safety, comfort and general welfare of the public, nor shall it substantially increase congestion of public streets.
   (D)   The variance shall not be contrary to the intent and purpose of this chapter, the Comprehensive Plan, and any other ordinances of the city.
   (E)   Other considerations:
      (1)   Whether other variance requests of a similar nature were approved by the Council and are consistent with the requested variance;
      (2)   Whether the variance requested is greater than necessary to accomplish the owner’s objective;
      (3)   Whether allowable alternatives exist that would not require a variance or would create less impact on neighboring properties;
      (4)   Whether the variance will allow a condition that is consistent with the surrounding neighborhood (areas developed under different standards or different requirements than current regulations allow);
      (5)   Whether the variance will improve an existing nonconforming condition, without major demolition and reconstruction.
   (F)   Variances shall not be granted to allow a use that is not otherwise allowed.
   (G)   The Council may impose conditions to insure compliance and protect adjacent properties.
   (H)   Application and procedure:
      (1)   Site plan. The applicant for a variance shall provide a site plan showing lot lines, structures, dimensions, public streets and a specific drawing of the requested variance, including existing conditions, existing regulations affecting the proposed activity, and the requested variance.
      (2)   Notice of hearing. The Zoning Administrator shall, at least 10 days before the hearing date set by him or her, insert a notice in the official newspaper and have the same published once at least 10 days prior to the date of hearing. He or she shall also mail the notice to the appellant and any other known interested parties.
      (3)   Hearing. The hearing before the Planning Commission shall occur within 30 days after the filing of the application.
         (a)   Any party may appear in person or by attorney at the hearing.
         (b)   The Planning Commission shall keep a complete record of its proceedings, including minutes of its meetings.
         (c)   Within 5 days after the Planning Commission’s decision on the application, the Commission shall file with the Council its findings of fact, the specific conditions of the site that justify or do not justify a variance, and their conclusions and order. At its next regular or special meeting, the Council shall consider the Commission’s conclusions and order; may modify or amend the order in any respects; shall adopt the order as modified, amended, or recommended by the Commission; and shall direct that the order as adopted be served by mail forthwith upon the appellant and other parties known to be interested or heard at the hearing.
         (d)   The order as adopted by the Council shall be final and binding upon all parties, subject only to judicial review.
(Ord. 109, 5th Series, passed 6-3-1999)

§ 153.186 APPEALS TO ADMINISTRATIVE DECISIONS.

   (A)   Appeals. The Planning Commission shall hear any appeals where it is alleged that there is an error in any order, requirements, decision or determination made by an administrative officer in the interpretation, application, and/or enforcement of this chapter and shall report its findings and recommendations to the City Council for action.
   (B)   Effect of determinations. The findings and determinations made by the Planning Commission shall be advisory only and shall have no binding effect. The Council shall take such action on the findings and recommendations of the Commission as it deems proper in the circumstances.
(Ord. 109, 5th Series, passed 6-3-1999)

§ 153.187 AMENDMENT.

   (A)   Procedure. The Council, the Planning Commission, or property owners claiming to be affected thereby may initiate an amendment to this chapter. If by petition of the latter, the matter of whether the property owners are affected shall be a fact question to be determined at the hearing on the amendment. If an adverse decision is made with reference to the question, the hearing shall not proceed, but the decision shall mean that the amendment was improperly initiated and cannot be pursued. An amendment, when not initiated by the Planning Commission, shall be referred to it for study and report and may not be acted upon by the 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 from the Planning Commission.
   (B)   Hearing. No amendment shall be adopted until a public hearing has been held thereon by the Council. The city shall cause notice of the time, place and purpose of the hearing to be published in the official newspaper at least 10 days prior to the day of hearing.
   (C)   Notice to be given. When an amendment involves changes in district boundaries affecting an area of 5 acres or less, a similar notice shall be mailed at least 10 days before the day of the hearing to each owner of affected property and property situated wholly or partially within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the City Administrator shall be responsible for mailing the notice using any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and the addresses to which the notice was sent shall be attested to by the City Administrator and shall be made a part of the records of the proceedings. Failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided that a bona fide attempt to comply with this requirement has been made.
   (D)   Consistency with Comprehensive Plan. If a proposed rezoning is not consistent with the Comprehensive Plan, the applicant shall apply for a Comprehensive Plan amendment concurrently with the application for rezoning. The applicant shall provide written and graphic documentation showing why the proposed amendment is superior to the existing Plan and changes that have occurred that make the amendment appropriate.
   (E)   Action to approve. A 4/5 vote of the full Council is required for action to rezone property from one district to another and for a Comprehensive Plan amendment. In the event an application to rezone is approved, an appropriate amending ordinance shall be executed and published. Rezoning amendments shall describe the property rezoned by its legal description and shall be indicated on the Official Zoning Map, but it shall not be necessary to re-publish the rezoning map to effectuate the rezoning amendment.
(Ord. 109, 5th Series, passed 6-3-1999)
   LAND USE CHART
   Each use is classified as one of three types of allowable uses: permitted (“P”); conditional (“C”); interim (“I”); and accessory (“A”). The letter for the classification for each use is shown under one or more of the zoning districts in which the use is allowed.
Uses
AR
LR
R-1
R-2
R-3
SB
CB
PI
GI
MU
Uses
AR
LR
R-1
R-2
R-3
SB
CB
PI
GI
MU
Antique and craft shops
I
I
I
I
P
P
P
P
P
Agriculture
Crop & livestock production & research; tree & sod farming; orchards; general farming

Crop protection materials & fertilizer - storage & distribution

Grain processing, storage & distribution

Livestock sales
P, A
C/I
C/I
C/I
C/I
C/I
P
P
C/I
Agriculture implement and truck sales & service
C/I
C/I
C/I
Automobile/truck sales, service, leasing, rentals
P
C/I
P
P
Automobile service stations; car/truck washes
P
C/I
P
P
Airports
P
P
Bakeries - up to 4 persons in baking process
P
P
P
P
P
Bakeries - more than 4 persons in baking process
P
P
P
Bed and breakfast residence
C/I
C/I
C/I
C/I
P
P
P
Boat, marine and implement sales and service
P
C/I
P
P
Building material sales and storage
C/I
C/I
P
P
Bulk storage and distribution facilities
C/I*
P
P
Bus stations
P
P
P
P
Cemeteries
P
Centers for receiving, sorting, purchasing, selling, and distributing livestock**
C/I
C/I
Clinics - animals only
C/I
P
C/I
P
C/I
Clinics - people only
C/I
C/I
C/I
P
P
P
C/I
Clubs and lodges
C/I
C/I
P
P
C/I
Clubs - sports and fitness
C/I
P
P
C/I
Commercial recreation
C/I
P
P
C/I
Communication, satellite dishes (diameter of more than 24 inches)
I
I
I
I
I
I
I
I
I
C/I
Concrete ready mix plants
C/I
Contractors shops (includes electric, plumbing, construction, lawn maintenance, snow removal and similar)
C/I
P
P
P
P
Convenience store
P
P
C/I
P
Day care and residential facilities
Day care:
12 or fewer
More than 12

Group family day care center
14 or fewer

Residential facility
6 or fewer
7 through 16
P
P
P
P
P
P
P
P
P
P
C/I
C/I
P
C/I
C/I
C/I
C/I
C/I
C/I
C/I
C/I
C/I
C/I
C/I
C/I
Dog kennel
C/I
Drive in business
A
P
C/I
C/I
Dry cleaning - more than 4 employees
P
P
Dry cleaning - up to 4 employees
P
P
Dwellings
One family
Two family
Multiple
Apartments***
Lodging house
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
P
P
P
P
P
P
P
Electric light & power generating stations
C
C
Essential public services
A
A
A
A
A
A
A
A
A
A
Extraction of sand, gravel, and the like
C/I
C/I
Financial institutions and services
P
P
P
P
Fitness and exercise club
C/I
C/I
C/I
Freight terminals, warehousing
P
P
Garages, service or repair
C/I
C/I
P
P
Golf clubhouse, country club, private swim club, public swim club
P
Greenhouses, nurseries, landscaping service
C/I
P
C/I
P
P
C/I
Grocery stores
P
P
Home occupations
I, A
I, A
I, A
I, A
I, A
P
P
I
P
Hospitals, convalescent and nursing homes
P
P
Hotel/motel
P
P
P
P
Houses of worship
P
C/I
C/I
C/I
P
P
Institutional, nonindustrial, public or private
C/I
P
P
P
Laboratories, research, testing
C/I
C/I
P
C/I
Light manufacturing
C/I
P
P
Liquor stores, taverns
P
P
LP tank(s) (combined capacity in excess of 200 lbs)
I
I
I
I
I
I
I
I
I
C/I
Manufacturing, processing, fabrication
A
A
P
P
Monument sales and engraving
P
A
P
P
Monuments and markers - public
P
P
P
P
P
P
P
P
P
Mortuaries, funeral homes
P
Mobile/manufactured home parks
C/I
Museums, arts and cultural uses
C/I
C/I
C/I
C/I
C/I
P
C/I
C/I
C/I
C/I
Offices - professional, business public
I
I
I
I
P
P
P
P
P
Off-street parking
A
A
A
A
A
A
A
A
A
A
Outdoor vending machines and telephones
A
C/I
A
C/I
A
C/I
A
C/I
A
Private garages
A
A
A
A
A
A
Public parks and recreation facilities
P
P
P
P
P
P
P
P
P
P
Public uses and services: Class 1
C/I
C/I
C/I
C/I
C/I
P
P
P
P
Public uses and services: Class 2
C/I
P
P
Publishing and printing
P
P
P
P
Recreational camping area
C/I
C/I
Radio and television stations, studios and towers
C/I
C/I
C/I
P
P
Recycling yards & centers
P
P
Retail businesses
P
P
P
Retail services
P
P
P
P
Restaurants
P
P
P
Restaurants - fast food
P
P
P
Retail and service uses essential to operation of district
C/I
Salvage/junk
C/I
Schools - business, professional
C/I
P
P
P
C/I
Schools - public and private
P
C/I
C/I
P
P
Services - personal and professional
I
I
I
I
P
P
A
P
Signs
A
A
A
A
A
A
A
A
A
A
Storage, inside commercial/industrial
P
P
P
P
P
Storage, outside
A
A
A
A
A
C/I
A
C/I
A
C/I
A
C/I
A
C/I
Theaters, indoor
P
P
Utility substation
C/I
C/I
C/I
C/I
C/I
C/I
Warehousing
P
C/I
P
P
 
*   Provided such use is accessory to the main use of the property.
**   Provided that: (1) no livestock shall be kept out-of-doors; and (2) the center is located: (a) on a tract of land of 5 acres or more; and (b) at least one-half mile from any permanent residence.
***   Provided that there shall be no more than two dwelling units on each lot and that ground floor apartments north of White Street in the Central Business District cannot front on, access directly from, or be immediately adjacent to sidewalks along Second Street.
(Ord. 109, 5th Series, passed 3-7-2000; Am. Ord. 115, 5th Series, passed 6-5-2001; Am. Ord. 117, 5th Series, passed 12-18-2001; Am. Ord. 120, 5th Series, passed 6-18-2002; Am. Ord. 126, 5th Series, 6-3-2003; Am. Ord. 22, 6th Series, passed 8-21-2007; Am. Ord. 30, 6th Series, passed 10-7-2008; Am. Ord. 36, 6th Series, passed 5-5-2009; Am. Ord. 46, 6th Series, passed 8-3-2010)