A.   Building Permit:

      1.   Permit Required: No person shall erect, construct, enlarge, alter, repair, move, convert or demolish any building or structure in the city or area of impact, or cause the same to be done without first obtaining a separate building permit for each such building or structure from the city building official.

      2.   Application For Permit: To apply for a permit the applicant shall first obtain a septic system permit from the county health department, if required, and then file an application, in writing, on a form furnished for the purpose by the city building official, who shall determine the acceptability of the request in conformance with the 2006 international building code and who shall thereupon issue or deny the application.

   B.   Zoning Permit:

      1.   Permit Required: No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a permit therefor issued by the administrator. Zoning permits shall be issued only in conformity with the provisions of this title. Any building, structure or land, which has been vacant for more than four (4) years, shall have lost its recognized use and a new zoning permit shall be required before a use is established.

      2.   Contents Of Application: The application for a zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun or is not substantially competed within one year. At a minimum, the application shall contain the following information:

         a.   Name, address and phone number of the applicant.

         b.   Legal description of the property.

         c.   Existing use.

         d.   Proposed use.

         e.   Zoning district.

         f.   Plan, drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building or alteration.

         g.   Building heights.

         h.   Number of off street parking spaces or loading berths.

         i.   Number of dwelling units.

         j.   Proposed sewer and water facilities.

         k.   Such other matters as may be necessary to determine conformance with, and provide for, the enforcement of this title.

      3.   Approval Of Permit: Within thirty (30) days after the receipt of an application, the administrator shall either approve or disapprove the application in conformance with the provisions of this title. All zoning permits shall, however, be conditional upon the commencement of work within one year from the date of approval. One copy of the plans shall be returned to the applicant by the administrator after the administrator shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of plans, similarly marked shall be retained by the administrator. The administrator shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this title.

      4.   Expiration Of Permit: If the work described in any zoning permit has not begun within one year from the date of issuance thereof, said permit shall expire.

   C.   Certificate Of Zoning Compliance: It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the administrator stating that the proposed use of the building or land conforms to the requirements of this title and with all conditional provisions that may have been imposed.

   D.   Temporary Certificate Of Zoning Compliance: A temporary certificate of zoning compliance may be issued by the administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion.

   E.   Permits And Certificates Not To Be Used Other Than For The Purpose Issued: Zoning permits or certificates of zoning compliance issued on a basis of plans and applications approved by the administrator authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction contrary to that authorized shall be deemed a violation of this title. The administrator shall maintain a public record of all zoning permits and certificates of compliance.

   F.   Appeals:

      1.   Appeals to the council concerning the administrator's interpretation and administration of this title may be taken by any person aggrieved by a decision of said administrator. Said appeal shall be taken within twenty (20) days after the decision of the administrator by filing with the administrator a notice of appeal specifying the grounds upon which the appeal is to be taken. The administrator shall transmit to the council the appeal and all papers constituting the record upon which the appeal is based.

      2.   Upon receipt of an appeal from the action of the administrator the council shall, after publishing notice in a newspaper and giving written notice to all parties concerned at least fifteen (15) days in advance, hold a public hearing. A council's determination shall be final for all purposes. (Ord. 542, 2007)

   A.   Variance:

      1.   Definition: "Variance" is a modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard setbacks, parking space, height of buildings or other provisions of this title affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots and public ways.

      2.   Authority To Grant: The commission may authorize in specific cases which vary from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this title would result in an unnecessary hardship or the loss of a building or site that is on a national, state or local register of historic places or sites.

      3.   Application: A variance from the terms of this title shall not be granted by the commission unless and until a written application for a variance is submitted to the administrator and the commission containing:

         a.   Name, address and phone number of applicant.

         b.   Legal description of property.

         c.   Description of nature of variance requested.

         d.   A narrative statement and documentation demonstrating that the building or site is not on a national, state or local register of historic places or sites, or that the requested variance conforms to all the following standards:

            (1)   That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.

            (2)   That a literal interpretation of the provision of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title.

            (3)   That special conditions and circumstances do not result from the actions of the applicant.

            (4)   That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district.

A variance shall not be granted unless the commission makes specific findings of fact based directly on the particular evidence presented to it which support conclusions that the above mentioned standards and conditions have been met by the applicant.

      4.   Supplementary Conditions And Safeguards: Under no circumstances shall the commission grant an appeal or variance to allow a use not permissible under the terms of this title in the district involved, or any use expressly or implicitly prohibited by the terms of this title in said district. In granting any appeal or variance, the commission may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this title.

      5.   Public Hearing: Prior to granting a variance permit, at least one public hearing before the commission in which interested persons shall have the opportunity to be heard shall be held. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction of the city. Notice may also be made available to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement. Written notice shall also be provided to property owners within three hundred feet (300') of the parcel under consideration.

When notice is required to two hundred (200) or more property owners or residents, in lieu of the mailing notification, three (3) notices in the newspaper or paper of general circulation is sufficient; provided, the third notice appears ten (10) days prior to the public hearing.

      6.   Action By Commission: Within thirty (30) days after the public hearing the commission shall approve, conditionally approve, or disapprove the request for appeal of variance.

Upon the granting or denying an application the commission shall specify:

         a.   The regulations and standards used in evaluating the application.

         b.   The reasons for approval or denial.

         c.   The actions, if any, that the applicant could take to obtain a permit.

The applicant or any affected person may appeal the decision of the commission to the council, provided a written appeal is submitted to the council within fifteen (15) days from the commission's decision.

      7.   Notification To Applicant: Within ten (10) days after a decision has been rendered, the administrator shall provide the applicant with written notice of the action on the request.

      8.   Appeal To Council: Upon receipt of an appeal from the action of the commission, the council shall set a hearing date under the same provisions as the commission hearing to consider all information, testimony and commission's minutes of the public hearing to reach a decision to uphold, conditionally uphold or overrule the decision.

   B.   Special Use:

      1.   Definition: A "special use" is a use otherwise prohibited by the terms of this title in a given zone, but which may be allowed with conditions under specific provisions of this title and when not in conflict with a comprehensive plan.

      2.   Authority To Grant: The commission may authorize in specific cases special uses, subject, however, to the minimum conditions and requirements of the zoning district in which they are located and subject to additional conditions and requirements necessary to protect the best interest of affected persons and the city as a whole.

      3.   Application: An application for special use permit shall be filed with the administrator by at least one owner or lessee of property for which such special use is proposed or for which an expansion of more than twenty five percent (25%) over the original square footage approved through the special use permit process or a total increase in square footage over ten thousand (10,000) square feet, whichever is less or relocation of an existing special use is proposed. At a minimum, the application shall contain the following information:

         a.   Name, address and phone number of applicant.

         b.   Legal description of property.

         c.   Description of existing use.

         d.   Zoning district.

         e.   Description of proposed special use.

         f.   A plan of the proposed site for the special use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the commission may require to determine if the proposed special use meets the intent and requirements of this title.

         g.   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan.

      4.   Standards Applicable To Special Uses: The commission shall review the particular facts and circumstances of each proposed special use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

         a.   Will, in fact, constitute a special use as established by zoning requirements for the zone involved.

         b.   Will be harmonious with and in accordance with the general objectives or with any specific objective of a comprehensive plan and/or zoning regulations.

         c.   Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.

         d.   Will not be hazardous or disturbing to existing or future neighboring uses.

         e.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons responsible for the establishment of the proposed use shall be able to provide adequately any such services.

         f.   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

         g.   Will not involve use, activities, processes, material, equipment and conditions of operation that will be detrimental to any person, property or to the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

         h.   Will have vehicular approaches to the property that shall be so designed as not to create any interference with traffic on surrounding public thoroughfares. All parking, loading, unloading for the special use, shall be onsite, not in any public right of way including alleys, unless otherwise approved by the Commission.

         i.   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.

      5.   Restrictions: In granting any special use, the commission may prescribe appropriate conditions, bonds and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the special use is granted, shall be deemed a violation of this title.

      6.   Public Hearing: Upon receipt of the application for a special use, the commission shall hold a public hearing before the commission in which interested persons shall have the opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction of the city. Notice may also be made available to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement. Written notice shall also be provided to property owners within three hundred feet (300') of the parcel.

      7.   Action By The Commission: Within thirty (30) days after the public hearing, the commission shall approve, conditionally approve or disapprove the application as presented. If the application is approved or approved with modifications, the commission shall direct the administrator to issue a special use permit listing the specific conditions specified by the commission for approval.

Upon granting of a special use permit, conditions may be attached to a special use permit including, but not limited to, the following:

         a.   Minimizing adverse impact on other developments.

         b.   Controlling the sequence and timing of development.

         c.   Controlling the duration of development.

         d.   Assuring that development is maintained properly.

         e.   Designating the exact location and nature of development.

         f.   Requiring the provision for on site or off site public facilities or services.

         g.   Requiring more restrictive standards than those generally required in this title.

Prior to granting a special use permit, the commission may request studies from the planning staff or public agencies concerning social, economic, fiscal and environmental effects of the proposed special use. A special use permit shall not be considered as establishing a binding precedent to grant other such special use permits.

      8.   Specifications For Granting Or Denying Application: Upon granting or denying an application the commission shall specify:

         a.   The regulations and standards used in evaluating the application.

         b.   The reasons for approval or denial.

         c.   The actions, if any, that the applicant could take to obtain a permit.

The applicant or any affected person, who appeared in person or in writing before the commission may appeal the decision of the commission to the council, provided a written appeal is submitted to the council within fifteen (15) days from the commission's action.

      9.   Notification To Applicant: Within ten (10) days after a decision has been rendered the administrator shall provide the applicant with written notice of the action on the request.

      10.   Transfer, Review And Discontinuance Of Special Use Permits:

         a.   A special use permit is not transferable from one parcel of land to another, but may be transferable from one owner to another, provided all conditions for the special use continue to be met and the special use permit so provides.

         b.   Special use permits granted for in-home daycare services and home occupations are not transferable from one owner to another, nor from one parcel of land to another.

         c.   Special uses which have not been established within one year of the date of issuance of the special use permit, may be reviewed by the commission to determine if the facts and circumstances have changed; the commission may call for a new special use permit application.

         d.   A special use, which has been discontinued for a period of one year, shall not be reestablished without a new special use permit.

         e.   Special use permits granted for dog kennels shall be reviewed annually by the commission no later than January 31 of each year to determine whether the holder of the special use permit is in compliance with this section, section 6.08.070 of this code and the conditions of said special use permit. If the commission finds the holder is not in compliance, the special use permit may be amended or revoked by the commission.

      11.   Appeal To The Council: Upon receipt of an appeal from the action of the commission, the council shall set a hearing date, under the same provisions as the commission hearing, to consider all information, testimony and the commission's minutes of the public hearing to reach a decision to uphold conditionally, uphold or overrule the decision of the commission.

      12.   Conditional Approval: If a special use permit is approved on condition that certain improvements be made to the subject property, no permit shall be issued until the applicant has provided proof that the conditions have been complied with. If the applicant fails to provide proof of compliance within six (6) months of approval, the special use permit shall be void.

   C.   Revocation Of Zoning Permits:

      1.   Any privilege, permit or license, hereinafter called permit, granted pursuant to this title, including any permit granted prior to the passage of this section, and with the exception of rezone requests, may be revoked for any of the following reasons:

         a.   When a significant change in the use that does adversely impact neighboring developments occurs.

         b.   For violation of supplementary conditions, safeguards and/or restrictions imposed by the city council or the planning and zoning commission at the time the permit was granted.

         c.   Use of a zoning permit or certificate for a use other than the use of which said permit or certificate was issued.

      2.   A petition for revocation may be initiated in the following manner:

         a.   By adoption of a motion by the commission for revocation of the permit.

         b.   By adoption of a motion by the council for revocation of the permit.

         c.   By the filing of a petition by an aggrieved property owner or person who has an existing interest in property within the area affected by the contested use.

      3.   Notice of initiation of revocation proceedings shall be provided to the permit holder in writing within fifteen (15) days of the filing of the petition for revocation or the passage of a motion initiating revocation proceedings. Notices shall include the following:

         a.   The name of the party or parties petitioning for a permit revocation.

         b.   The date and time of passage of a motion to revoke by the zoning body or the date of filing of the petition to revoke.

         c.   The change in circumstances that has been alleged to have occurred and the adverse impact that said change in circumstances is expected to have.

         d.   The supplementary conditions, safeguards and restrictions alleged to have been violated.

      4.   A public hearing on the motion or petition to revoke shall be held before the appropriate zoning body. The permit holder, city staff and/or any aggrieved party may present testimony or other evidence at said hearing. Said hearing shall be held within forty five (45) days of the filing of a petition for revocation or the passage of a motion initiating revocation proceedings.

      5.   The decision of the zoning body hearing a revocation proceeding shall be based on the record. If said zoning body finds substantial evidence on the record that continuance of the use in question will result in a significant adverse impact on the surrounding developments or other affected parties, and that the permit holder is unable or unwilling to alleviate the adversity, or, if said zoning body finds substantial evidence on the record that conditions, safeguards or restrictions imposed by the commission or council have been violated, the zoning body may revoke the permit in question.

      6.   A permit that has been revoked may be reinstated only by reapplying for said permit.

      7.   Within ten (10) days after a decision has been rendered, the administrator shall provide the permit holder with written notice of the action taken.

Upon receipt of a decision from the planning and zoning commission, an aggrieved party may appeal to the city council. The council shall set a hearing date and shall hold a public hearing pursuant to provisions provided herein. (Ord. 623, 2015; Ord. 656, 2019)