Cross reference— The existing Board of Zoning Appeals shall cease to exist upon the organization of the Metropolitan Planning Commission as established herein. At the organizational meeting thereof, the Metropolitan Planning Commission shall also organize itself as the Board of Zoning Appeals as provided in the Interlocal Agreement of Geary County and Junction City, Kansas, and as authorized by Kansas Statutes. All plans, rules, regulations and actions of the existing Board of Zoning Appeals shall remain valid and in effect from such time as the new Board of Zoning Appeals has organized. See ord. no. G-1052.

A Zoning Administrator shall be appointed by the City Manager and shall be the same person appointed as Community Development Director. The Zoning Administrator shall be authorized to expend such funds to employ deputies and clerical assistants to carry out their duties under this Chapter as shall be approved from time to time by the City Commission or City Manager of the City in compliance and conjunction with the Fiscal Policy or other similar guidance.

(Zoning §11-101; Ord. No. G-637 §1, 4-22-86; Ord. No. G-1306, §1, 6-13-24)

The Zoning Administrator, or his/her duly designated and acting deputy, shall enforce these Regulations, and in addition thereto and in furtherance of said authority, he/she shall:

1.

Approve and issue all zoning, occupancy and compatibility certificates and make and maintain records thereof.

2.

Coordinate, as required, with the Chief of the Inspection Department for the conduct of inspections of buildings, structures and uses of land to determine compliance with the provisions of these Regulations.

3.

Receive, file, and forward to the Board of Zoning Appeals the records in all appeals and all applications for conditional uses and variances.

4.

Maintain permanent and current records of the zoning ordinance, including but not limited to, all zoning maps, amendments, special uses, variances, appeals and applications thereof and records of hearings thereon.

5.

Prepare and have available in book, pamphlet or map form, on or before March thirty-first (31st) of each year:

a.

The compiled text of the zoning ordinance and amendments thereto, including all amendments adopted through the preceding December thirty-first (31st), and

b.

A zoning map or maps, showing the zoning districts, divisions and classifications in effect on the preceding December thirty-first (31st).

6.

Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of these Regulations, and the rules of the Board of Zoning Appeals. A fee shall be charged for each copy to defray the cost of printing.

7.

Provide such clerical, technical and consultative assistance as may be required by the Board of Zoning Appeals and other boards, commissions and officials in the exercise of their duties relating to these Regulations.

8.

Interpret the lists of permitted and conditionally permitted uses in each district to determine whether a particular use is permitted in a particular district. Such interpretation is subject to appeal to the Board of Zoning Appeals as provided by Article IV of this Chapter.

(Zoning §11-102; Ord. No. G-637 §1, 4-22-86; Ord. No. G-792 §5, 3-17-92)

A.

Unless a Zoning Certificate shall first have been obtained from the Office of the Zoning Administrator:

1.

The construction, building, moving, remodeling or reconstruction of any structure shall not be commenced;

2.

The improvements of land preliminary to any use to such land shall not be commenced; and

3.

Permits pertaining to the use of land or structures shall not be issued by any other official, officer, employee, department, board or bureau of the City.

B.

Any Zoning Certificate issued in conflict with the provisions of these Regulations shall be null and void.

(Zoning §11-201; Ord. No. G-637 §1, 4-22-86)

A.

Every application for a Zoning Certificate shall be accompanied by the following:

1.

A plat, in duplicate, of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions of the piece or parcel, lot, lots, block or blocks, or parts or portions thereof, according to the recorded plat of such land.

2.

A plot plan, in duplicate, drawn to scale and in such form as may, from time to time, be prescribed by the Zoning Administrator, showing the location, ground area, height, and bulk of all present and proposed structures, drives and parking lots, the building lines in relation to lot lines, waste disposal areas, the use to be made of such present and proposed structures on the land, and such other information as may be required by the Zoning Administrator for the proper enforcement of these Regulations. Applications for Zoning Certificates for property located in a commercial or industrial district shall also be accompanied by a plot plan which shows all structures, streets, streams and any other significant features within two hundred (200) feet of the proposed site.

B.

One (1) copy of both the plat and the plot plan shall be retained by the Zoning Administrator as a public record.

(Zoning §11-202; Ord. No. G-637 §1, 4-22-86)

A Zoning Certificate shall be either issued or refused by the Zoning Administrator within ten (10) days after the receipt of an application thereof or within such further period as may be agreed to by the applicant. When the Zoning Administrator refuses to issue a Zoning Certificate, he/she shall advise the applicant in writing of the reasons for the refusal.

(Zoning §11-203; Ord. No. G-637 §1, 4-22-86)

A Zoning Certificate shall become null and void six (6) months after the date on which it is issued unless within such six (6) month period construction, building, moving, remodeling or reconstruction of a structure is commenced or a use is commenced.

(Zoning §11-204; Ord. No. G-637 §1, 4-22-86)

No structure or addition thereto constructed, built, moved, remodeled or reconstructed after the effective date of this ordinance shall be occupied or used for any purpose; and no land vacant on the effective date of this ordinance shall be used for any purpose; and no use of any land or structure shall be changed to any other use, unless an Occupancy Certificate shall first have been obtained from the office of the Zoning Administrator certifying that the proposed use or occupancy complies with all the provisions of these Regulations.

(Zoning §11-205; Ord. No. G-637 §1, 4-22-86)

Every application for a Zoning Certificate shall be deemed to be an application for an Occupancy Certificate. Every application for an occupancy certificate for a new or changed use of land or structures where no Zoning Certificate is required shall be filed with the office of the Zoning Administrator and be in such form and contain such information as the Zoning Administrator shall provide by general rule.

(Zoning §11-206; Ord. No. G-637 §1, 4-22-86)

No occupancy certificate for a structure or addition thereto constructed, built, moved, remodeled or reconstructed after the effective date of this ordinance shall be issued until such work has been completed and the premises inspected and certified by the Chief of the Inspection Department to be in full and complete compliance with the plans and specifications upon which the Zoning Certificate was issued. No Occupancy Certificate for a new use of any structure or land shall be issued until the premises have been inspected and certified by the Chief of the Inspection Department to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located. Pending the issuance of a permanent Occupancy Certificate, a Temporary Occupancy Certificate may be issued to be valid for a period not to exceed six (6) months from its date pending the completion of any addition or during partial occupancy of the premises. An Occupancy Certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, within ten (10) days after the receipt of an application thereof, or after the Chief of the Inspection Department is notified in writing that the structures or premises are ready for occupancy.

(Zoning §11-207; Ord. No. G-637 §1, 4-22-86)

For the purpose of this Chapter "compatibility" shall satisfy and encompass the intent of K.S.A. 12-763 for permitting the establishment of architectural or aesthetic controls with regard to new Residential-Design Manufactured Homes.

(Zoning §11-208; Ord. No. G-792 §§6, 7, 3-17-92)

While the City may not require Residential-Design Manufactured Home Standards exceeding the Federal Manufactured Home Construction and Safety Standards, nothing in this Chapter shall be construed to limit the owner-developer of land from imposing more restrictive construction and safety standard through covenant, deed restrictions, or similar instrument.

(Zoning §11-209; Ord. No. G-792 §§6, 7, 3-17-92)

Any person who wishes to place a new Residential-Design Manufactured Home, hereinafter referred to as an R-DMH, within any zoning district permitting residential uses, shall obtain an R-DMH Certificate of Compatibility in accordance with the following standards.

(Zoning §11-210; Ord. No. G-792 §§6, 7, 3-17-92)

Except as herein provided any new R-DMH placed in accordance with the provisions of this Section shall meet the following:

1.

The R-DMH shall be subject to all provisions of these Regulations and any Building Code Conditions not covered in Subsection (2) below.

2.

The R-DMH shall be certified as having been constructed to meet the standards of the Federal Manufactured Home Construction and Safety Standards Act of 1974 pursuant to K.S.A. 12-763 and 12-742.

3.

The R-DMH shall be attached to a permanent foundation that has been constructed in accordance to the Junction City Building Code.

4.

All accessory structures shall be constructed in conformance with adopted building codes as they apply to conventionally built structures.

(Zoning §11-211; Ord. No. G-792 §§6, 7, 3-17-92)

A.

All new R-DMH's shall be subject to the issuance of an R-DMH Certificate of Compatibility prior to the issuance of a building permit. The Zoning Administrator shall determine the compatibility of the R-DMH.

B.

An R-DMH shall be considered compatible if:

1.

It has a minimum width of twenty-two (22) feet excluding roof overhangs (eaves or gables), bay windows, garages, porches, patio, cabanas and popouts.

2.

Its siding material consists of stucco, wood, brick, stone or decorative concrete block. Synthetic products of a similar appearance and equivalent durability shall be permitted. Other siding materials and textures may be used when determined by the Zoning Administrator to be compatible with the immediate neighborhood.

3.

The exterior covering material (siding) shall extend to a point that is not less than one (1) inch below the top of the foundation wall.

4.

The roofing material shall be tile, rock, shingles, wood shakes or materials customarily used on conventional residential structures in the immediate neighborhood.

5.

The roof has a pitch of not less than two point five (2.5) inches of vertical rise for each twelve (12) inches of horizontal run. A lesser pitch may be permitted only when customarily found in the immediate neighborhood, however, the roof pitch and structural design shall be compatible with the "loading" conditions and the roof material being used.

6.

The roof has eave and gable overhangs of not less than one (1) foot, including gutter, measured from the vertical side of the structure. Smaller eave and gable overhangs may be permitted when customarily found on conventional structures in the surrounding neighborhood.

7.

The finished floor is a maximum of twenty-four (24) inches above the exterior finished grade of the lot at the front door (main entry) to the R-DMH. The review authority may approve a greater floor elevation subject to unique lot conditions, the elevations of adjacent residential structures, or existing neighborhood patterns.

8.

The R-DMH has an enclosed garage or carport, if they are customarily found with conventional residential structures in the surrounding neighborhood.

(Zoning §11-212; Ord. No. G-792 §§6, 7, 3-17-92)

A.

The approval of a Planned Development District that may contain standards submitted by the owner/developer that are more restrictive than the Federal Manufactured Home Construction and Safety Standards, will not be construed to be a requirement for approval by the City, however, compatibility requirements, as set forth herein will still apply.

B.

Under no circumstances shall standards for new R-DMH's be less than the Federal Manufactured Home Construction and Safety Standards.

(Zoning §11-213; Ord. No. G-792 §§6, 7, 3-17-92)

A Joint Board of Zoning Appeals serving Junction City and Geary County shall be established through joint agreement adopted by ordinance of the City of Junction City and by resolution of the County of Geary, all in accordance with K.S.A. 12-759.

(Zoning §11-301; Ord. No. G-637 §1, 4-22-86; Ord. No. G-792 §8, 3-17-92)

The membership of the Joint Board of Appeals shall be as agreed upon by the City of Junction City and County of Geary.

(Zoning §11-302; Ord. No. G-637 §1, 4-22-86)

The Joint Board of Zoning Appeals hereinafter referred to as the "Board" or "Board of Appeals", shall have the following jurisdiction and authority:

1.

To hear and decide appeals, subject to the procedure and standards set out in Article IV of this Chapter where it is alleged there is error in any order, requirement, decision or determination (all hereinafter referred to collectively as "decision") made by the Zoning Administrator under these Regulations.

2.

To hear and pass upon applications for variances from the regulations and restrictions imposed by these Regulations in the manner and subject to the procedure and standards set out in Article V of this Chapter.

3.

To hear and decide applications for conditional use permits in the manner and subject to the procedure and standards set out in Article VI of this Chapter.

4.

To hear and decide all matters referred to it upon which it is required to pass by this Chapter.

(Zoning §11-303; Ord. No. G-637 §1, 4-22-86)

All meetings of the Board of Zoning Appeals shall be held at the call of the Chairman and at such other times as the Board of Zoning Appeals may determine.

(Zoning §11-304; Ord. No. G-637 §1, 4-22-86)

All hearings that these Regulations requires the Board of Zoning Appeals to conduct shall be open to the public. Any person may appear and testify at a hearing, either in person or by a duly authorized agent or attorney. The Board of Zoning Appeals shall keep minutes of its proceedings showing evidence presented, findings of fact by the Board of Zoning Appeals, and the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The Board of Zoning Appeals shall also keep records of its hearings and other official actions. Every rule or regulation and every order, requirements, decision or determination of the Board of Zoning Appeals shall be filed immediately in the office of the Zoning Administrator and shall be open to public inspection during reasonable business hours. The Board of Zoning Appeals shall adopt and print in book, pamphlet, or mimeographed form its own rules and procedure not in conflict with the provisions of these Regulations or the applicable Kansas Statutes.

(Zoning §11-305; Ord. No. G-637 §1, 4-22-86)

All decisions and findings of the Board of Zoning Appeals, on appeal or upon an application for a conditional use permit or a variance, shall be final decisions, and shall, in all instances, be subject to judicial review in the manner provided by the applicable Kansas Statutes.

(Zoning §11-306; Ord. No. G-637 §1, 4-22-86)

An appeal from a decision of the Zoning Administrator with respect to the interpretation or application of these Regulations may be taken to the Board of Zoning Appeals by any person aggrieved or by any officer, department, board or bureau, or any governmental agency or body affected by such decision of the office of the Zoning Administrator.

(Zoning §11-401; Ord. No. G-637 §1, 4-22-86)

The Board of Zoning Appeals shall prescribe the time for taking appeals by general rule. Appeals shall be taken within the prescribed time by filing a notice of appeal with the office of the Zoning Administrator. The notice of appeal shall specify the grounds for such appeal. Upon receipt of a notice of appeal, the office of the Zoning Administrator shall forthwith transmit to the Board of Zoning Appeals all of the papers constituting the record upon which the decision being appealed was based.

(Zoning §11-402; Ord. No. G-637 §1, 4-22-86)

An appeal shall stay all legal proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Zoning Appeals, after the notice of appeal has been filed with him/her, that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Zoning Appeals, or by a court of record on application, on notice to the Zoning Administrator and on due cause shown.

(Zoning §11-403; Ord. No. G-637 §1, 4-22-86)

The Board of Zoning Appeals shall select a reasonable time and place for the hearing of the appeal. Public notice of the time, place, date and subject of such hearing shall be published once in the official City newspaper at least twenty (20) days prior to the date of the hearing. A copy of such notice shall be mailed to each party in interest and to the Planning Commission. Any party in interest may appear and be heard at the hearing in person, by agent, or by attorney.

(Zoning §11-404; Ord. No. G-637 §1, 4-22-86)

The Board of Zoning Appeals may affirm or reverse, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Zoning Administrator, and may issue or direct the issuance of a permit. The concurring vote of three (3) members of the Board of Zoning Appeals shall be necessary to reverse any order, decision or determination of the office of the Zoning Administrator under these Regulations. The Board of Zoning Appeals shall render a written decision on the appeal without unreasonable delay after the close of a hearing, and in all cases, within sixty (60) days after the close of the hearing.

(Zoning §11-405; Ord. No. G-637 §1, 4-22-86)

The office of the Zoning Administrator shall maintain complete records of all actions of the Board of Zoning Appeals with respect to appeals, and shall keep the Governing Body informed on a current basis of the disposition of each case.

(Zoning §11-406; Ord. No. G-637 §1, 4-22-86)

The Board of Zoning Appeals may authorize such variances from the terms of these Regulations as will not be contrary to the public interest. Variances may be authorized only in those specific instances enumerated in Section 440.310, and then only when the Board of Zoning Appeals has made findings of fact, based upon the Standards set out in Section 440.320, that owing to special conditions a literal enforcement of the provisions of these Regulations will, in an individual case, result in unnecessary hardship for the owner, lessee or occupant of land or structures.

(Zoning §11-501; Ord. No. G-637 §1, 4-22-86)

An application for a variance, together with an application for a Zoning Certificate, shall be filed in duplicate with the office of the Zoning Administrator who shall forward without delay a copy of each to the Secretary of the Board of Zoning Appeals. The application shall contain the following information as well as such additional information as may be prescribed by rule of the Board of Zoning Appeals:

1.

The particular requirements of these Regulations which prevent the proposed use or construction;

2.

The characteristics of the subject property which prevent compliance with said requirements of these Regulations;

3.

The reduction of the minimum requirements of these Regulations which would be necessary to permit the proposed use or construction; and

4.

The particular hardship which would result if said particular requirements of these Regulations were applied to the subject property.

(Zoning §11-502; Ord. No. G-637 §1, 4-22-86)

The Board of Zoning Appeals shall select a reasonable time and place for the hearing. Notice, including public notice, of such hearing shall be given in the manner required for hearings on appeals by Section 440.250 of this Chapter. Such notice shall contain the date, time and place of the hearing, the street address or common description of the property involved, and a brief description of the relief sought. The applicant shall be responsible for posting signs on the property in question to give notice of the public hearing in the same manner as described in Section 445.060. The Board of Zoning Appeals may give such additional notice as it may from time to time by rule provide. Any party in interest may appear and be heard at the hearing in person, by agent or by attorney.

(Zoning §11-503; Ord. No. G-637 §1, 4-22-86; Ord. No. G-917 §§1, 3, 9-18-01)

Variance from the provisions of these Regulations shall be granted by the Board of Zoning Appeals only in accordance with the Standards set out in Section 440.320, and may be granted only in the following instance, in no others:

1.

To change the applicable lot area, lot width, and lot depth requirements, subject to the following limitations:

a.

The minimum lot width and lot depth requirements shall not be reduced more than twenty-five percent (25%).

b.

The minimum lot area for a single-family or two-family shall not be reduced more than twenty percent (20%).

c.

The minimum lot area per dwelling unit requirements for multiple-family dwellings shall not be reduced so as to permit more than one (1) dwelling unit in addition to the number that would be permitted by strict application of the minimum lot area requirements.

2.

To change the applicable bulk regulations, including maximum height, lot coverage, and floor area ratio, and minimum yard requirements.

3.

To change the applicable off-street parking and off-street loading requirements contained in Chapter 420 of this Title.

4.

To change the regulations relating to restoration of damaged or destroyed non-conforming structures contained in Section 425.050 of this Title.

(Zoning §11-504; Ord. No. G-637 §1, 4-22-86)

A.

The Board of Zoning Appeals shall not grant a variance as authorized in Section 440.310 hereof unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it that support conclusions that:

1.

The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zoning district, and is not created by an action or actions of the property owner or the applicant;

2.

The granting of the variance will not adversely affect the rights of adjacent property owners or residents;

3.

The strict application of the provisions of these Regulations from which a variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

4.

The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare; and

5.

Granting the variance desired will not be opposed to the general spirit and intent of these Regulations. (See K.S.A. 12-759)

B.

In determining whether the evidence supports the conclusions required by Section 440.310(1), the Board of Zoning Appeals shall consider the extent to which the evidence demonstrates that:

1.

The particular physical surroundings, shape, or topographical condition of the specific property involved would result in a practical difficulty or unnecessary hardship upon or for the owner, lessee, or occupancy, as distinguished from a mere inconvenience, if the provisions of these Regulations were literally enforced;

2.

The request for a variance is not based exclusively upon a desire of the owner, lessee, occupant or applicant to make more money out of the property;

3.

The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located; and

4.

The proposed variance will not impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(Zoning §11-505; Ord. No. G-637 §1, 4-22-86; Ord. No. G-792 §9, 3-17-92)

In granting a variance, the Board of Zoning Appeals may impose such conditions, safeguards and restrictions upon the premises benefitted by the variance as may be necessary to comply with the Standards set out in Section 440.320 to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these Regulations. Failure to comply with any of the conditions or restrictions placed on a variance shall constitute a violation of these Regulations.

(Zoning §11-506; Ord. No. G-637 §1, 4-22-86)

The Board of Zoning Appeals shall render a written decision on an application for a variance without unreasonable delay after the close of a hearing, but in all cases, within sixty (60) days from the close of the hearing. The office of the Zoning Administrator shall maintain complete records of all actions of the Board of Zoning Appeals with respect to applications for variances.

(Zoning §11-507; Ord. No. G-637 §1, 4-22-86)

A.

No variance granted by the Board of Zoning Appeals shall be valid for a period longer than one hundred eighty (180) days from the date on which the Board of Zoning Appeals grants the variance, unless within such 180-day period:

1.

A Zoning Certificate is obtained and the construction, remodeling, moving or remodeling of a structure is started, or

2.

An Occupancy Permit is obtained and a use commenced.

B.

The Board of Zoning Appeals may grant additional extensions not exceeding one hundred eighty (180) days each, upon written application, without notice or hearing.

(Zoning §11-508; Ord. No. G-637 §1, 4-22-86)

The Board of Zoning Appeals may authorize, as an exception to the provisions of these Regulations, the establishment of those conditional uses that are expressly authorized to be permitted as a conditional use in a particular zoning district or in one (1) or more zoning districts. No conditional use shall be authorized as an exception to these Regulations unless the Board of Zoning Appeals is specifically authorized by these Regulations to grant such conditional use and unless such grant complies with all of the applicable provisions of these Regulations.

(Zoning §11-601; Ord. No. G-637 §1, 4-22-86)

An application for a Conditional Use Permit, together with an application for a Zoning Certificate, shall be filed in duplicate with the office of the Zoning Administrator who shall forward without delay a copy of each to the Secretary of the Board of Zoning Appeals. The application shall contain the following information as well as such additional information as may be prescribed by rule of the Board of Zoning Appeals.

1.

A statement or diagram showing compliance with any special conditions or requirements imposed upon the particular conditional use by the applicable district regulations or Section 440.400 of this Chapter, if applicable.

2.

A statement as to why the proposed conditional use will not cause substantial injury to the value of other property in the neighborhood.

3.

A statement as to how the proposed conditional use is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable district regulations.

4.

Present data in support of the standards specified in Section 440.390.

(Zoning §11-602; Ord. No. G-637 §1, 4-22-86)

A hearing on the application shall be held and notice thereof given as specified under Section 440.300 of this Chapter.

(Zoning §11-603; Ord. No. G-637 §1, 4-22-86)

The Board of Zoning Appeals shall not grant a Conditional Use Permit unless it shall, in each specific case, make specific written findings of fact directly based upon the particular evidence presented to it, that support conclusions that:

1.

The proposed conditional use complies with all applicable regulations of these Zoning Regulations, including lot size requirements, bulk regulations, use limitations, and performance standards.

2.

The proposed conditional use at the specified location will contribute to and promote the welfare or convenience of the public.

3.

The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.

4.

The location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to:

a.

The location, nature and height of buildings, structures, walls and fences on the site, and

b.

The nature and extent of landscaping and screening on the site.

5.

Off-street parking and loading areas will be provided in accordance with the standards set forth in Chapter 420 of this Title, and such areas will be screened from adjoining residential uses and located so as to protect such residential uses from any injurious effect.

6.

Adequate utility, drainage, and other such necessary facilities have been or will be provided.

7.

Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.

(Zoning §11-604; Ord. No. G-637 §1, 4-22-86)

In granting a conditional use, the Board of Zoning appeals may impose such conditions, safeguards and restrictions upon the premises benefitted by the conditional use as may be necessary to comply with the standards set out in Section 440.390 to reduce or minimize any potentially injurious effect of such conditional uses upon other property in the neighborhood, and to carry out the general purpose and intent of these Regulations.

(Zoning §11-605; Ord. No. G-637 §1, 4-22-86)

The Board of Zoning Appeals shall render a written decision containing specific findings of fact on an application for a conditional use without unreasonable delay after the close of the hearing, and in all cases, within ninety (90) days after the close of the hearing. The office of the Zoning Administrator shall maintain complete records of all actions of the Board of Zoning Appeals with respect to applications for conditional uses.

(Zoning §11-606; Ord. No. G-637 §1, 4-22-86)

A.

No Conditional Use Permit granted by the Board of Zoning Appeals shall be valid for a period longer than one hundred eighty (180) days from the date in which the Board of Zoning Appeals grant the conditional use, unless within such 180-day period:

1.

A building permit is obtained and the erection or alteration of a structure is started, or

2.

An Occupancy Permit is obtained and a use commenced.

B.

The Board of Zoning Appeals may grant additional extensions not exceeding one hundred eighty (180) days each, upon written application without notice or hearing.

(Zoning §11-607; Ord. No. G-637 §1, 4-22-86)

A Conditional Use Permit may be revoked by the Board of Zoning Appeals upon finding that one (1) or more of the conditions under which the Conditional Use Permit was granted have not been complied with. Such action shall not be taken until after a hearing has been held in accordance with Section 440.200.

(Zoning §11-608; Ord. No. G-637 §1, 4-22-86)

In order to provide for adjustment in standards and/or requirements for buildings or structures permitted by these Regulations, and to promote the usefulness of these Regulations as an instrument for fact finding, interpretation, application, and adjustment, and to supply the necessary elasticity to its efficient operation; special exceptions are hereby permitted by the terms of this Article. The following buildings, structures and uses are permitted as special exceptions if the Board of Zoning Appeals finds that in its opinion, as a matter of fact, such exceptions will not adversely affect the uses of adjacent and neighboring property permitted by these Regulations:

A.

An exception to the height limitations or any standard for a fence or wall on any property.

(Ord. No. G-1174, § 3, 10-20-15)

An application for a special exception shall be filed with the office of the Zoning Administrator on forms provided by the Zoning Administrator. The application shall contain the following information, as well as such additional information as may be prescribed by rule of the Board of Zoning Appeals.

A.

A diagram and pictures showing the specifics of the proposal for which the special exception is requested.

B.

A statement as to why, in the opinion of the applicant, the proposed special exception will not adversely affect the uses of adjacent and neighboring property.

(Ord. No. G-1174, § 3, 10-20-15)

A hearing on the application shall be held and notice thereof given as specified under Section 440.300 of this Chapter. (Ord. No. G-1174, § 3, 10-20-15)

The Board of Zoning Appeals may approve the special exception, provided, such approval shall be limited by such conditions as the case may require, including, if necessary, any of the following specifications:

A.

Limitations of as to size, type, color, or location of the proposed structure.

B.

Construction design and type of construction materials to be used.

C.

Maintenance requirements including cleaning and painting.

D.

Such other conditions and/or limitations that are deemed necessary.

(Ord. No. G-1174, § 3, 10-20-15)

The Board of Zoning Appeals shall render a written decision containing specific findings of fact on an application for a special exception without unreasonable delay after the close of the hearing, and in all cases, within ninety (90) days after the close of the hearing. The office of the Zoning Administrator shall maintain complete records of all actions of the Board of Zoning Appeals with respect to applications for special exceptions.

(Ord. No. G-1174, § 3, 10-20-15)

A special exception may be revoked by the Board of Zoning Appeals upon finding that one (1) or more of the conditions under which the special exception was granted have not been complied with. Such action shall not be taken until after a hearing has been held in accordance with Section 440.200.

(Ord. No. G-1174, § 3, 10-20-15)