(b)   To approve minor area variances pursuant to Section 1173.04(b), and keep a record of same with a notation of any special conditions involved.

   (c)   To confirm and/or determine site conditions and project dimensions from all applications.

(Ord. 39-18. Passed 5-6-2019.)

    In addition to the powers and duties conferred by Charter, the Director, or the Director’s designee, shall, for purposes of this Code, have the following duties:

    (a)   To respond to questions concerning applications for amendments to the Code and Zoning Map.

   (b)   To maintain in current status the official Zoning and Building Line Maps, which shall be kept on permanent display in the offices of the Director.

   (c)   To maintain such records as are required for the proper administration of this Code, including but not limited to zoning approval, variances, conditional uses, and similar use determinations; and to make such records available for use by Council, the Commission, the Board and the public.

   (d)   To administratively review and approve or disapprove an application for a Certificate of Appropriateness according to the specific criteria set forth in Chapter 1134.

(Ord. 105-07. Passed 5-19-2008.)

    In addition to the powers and duties conferred by Charter the Commission shall, for purposes of this Code, have the following duties:

   (a)   To review and approve or disapprove an application for a Conditional Use Permit for a particular lot according to the general criteria set forth in Section 1173.02 and the specific criteria set forth in Chapter 1161.

   (b)   To determine that a proposed use not listed or provided for in this Code is substantially similar to a permitted or conditionally permitted use that is listed and provided for in this Code by applying the criteria set forth in Section 1173.03.

   (c)   To review and approve or disapprove each application for a use variance.

      (1)   In the case of a use variance to allow a use not permitted under this Code in the zoning district in which the property is located, the Commission must find that the applicant has demonstrated that the literal enforcement of the Code will result in unnecessary hardship according to the criteria set forth in Section 1173.04(d).

      (2)   When granting a use variance, the Commission may prescribe any conditions or safeguards that it deems necessary to insure that the applicant will comply with the terms of the variance, and to preserve the spirit and intent of the Code.

   (d)   To review and approve or disapprove amendments to the regulations, restrictions, and boundaries set forth in this Code.

   (e)   To review at least once each year the regulations, restrictions, and boundaries set forth in this Code to determine whether same are consistent with the Vision and the public purposes specified herein, in order to make recommendations to Council where necessary; the first such annual review shall be completed not later than December 31, 1997.

   (f)   To review and recommend to Council approval or disapproval of plats for the subdivision and resubdivision of any major subdivision.

   (g)   To review and approve or disapprove an application for a Mixed Use Overlay according to the criteria set forth in Chapter 1135.

   (h)   To review and approve or disapprove an application for a Planned Development according to the specific criteria set forth in Chapter 1156.

   (i)   To review and approve or disapprove parking plans submitted that do not meet the schedule of use and space requirements in Section 1143.05.

   The Commission shall hold a public hearing within sixty (60) days after receipt of an application, request for determination, or referral before the Commission pursuant to this section.

(Ord. 36-14. Passed 1-20-2015.)

   (j)   If the Commission disapproves an application for demolition of a Landmark Property pursuant to the criteria set forth in Section 1133.09, the Commission, or its designee, along with the Director, Commissioner and other officials of the City, shall participate in negotiations with the owner or owners of such Landmark Property and any other interested party in an effort to find a means of preserving the property as follows:

      (1)   During the period of delay as set forth in Section 1133.09, the parties shall undertake meaningful and continuing discussions for the purpose of finding a method of saving such Landmark

      (2)   If the parties do not agree on a means of preserving the Landmark Property within the period of delay as set forth in Section 1133.09, the Commission, upon the expiration of such period, shall grant permission with respect to the proposed demolition or removal, and such permission shall immediately be communicated to the Commissioner for the purpose of issuing a necessary permit.

   (k)   To review and approve or disapprove an application for HPD or HP designations according to the specific criteria set forth in Chapter 1134.

   (l)   Within thirty (30) days after the public hearing required by subsection (i) herein, the Commission shall either approve, approve with supplementary conditions, defer, or disapprove the application, request for determination, or referral; the determination of the Commission shall be supported by findings stated on the record.

(Ord. 105-07. Passed 5-19-2008.)

   In addition to the duties conferred by Charter, the Board shall have the following duties:

    (a)   To review appeals from decisions of the Commissioner.

   (b)   To review each application for an area variance which does not qualify as a minor variance under Section 1173.04(b).

      (1)   In reviewing such application, the Board shall determine whether the applicant can demonstrate that the literal enforcement of this Code will, in the case of an area variance, result in practical difficulty according to the criteria set forth in Section 1173.04(c).

(Ord. 5-02. Passed 2-4-2002.)

      (2)   When granting an area variance, the Board may prescribe any conditions or safeguards that it deems necessary to insure that the applicant will comply with the terms of the variance, and to preserve the spirit and intent of the Code.

(Ord. 124-05. Passed 2-6-2006.)

   (c)   The Board shall hold a public hearing within thirty (30) days after receipt of an application for a variance or an appeal of a decision of the Commissioner.

(Ord. 5-02. Passed 2-4-2002.)

   (d)   Within thirty (30) days after the public hearing required by paragraph (c) herein, the Board shall either approve, approve with supplementary conditions, defer, or disapprove the appeal or variance; the determination of the Board shall be supported by findings stated on the record.

(Ord. 91-95. Passed 10-7-1996.)

   (b)   The Commissioner shall issue no building permit or certificate of code compliance for any building, structure, use or change of use during the period in which an Ordinance, or other measure which would forbid the action authorized under such permit, is pending before Council or has been formally recommended to Council by the Commission, or is subject to referendum or referendum is pending thereon. However, no permit shall be withheld for more than 180 days after acceptance of application therefor (due to such Ordinance or measure still pending before but not yet passed by Council at the end of such 180 day period).

(Ord. 39-18. Passed 5-6-2019.)

    A certificate of code compliance shall be obtained from the Commissioner for any of the following:

   (a)   Use and occupancy of a building hereafter erected or structurally altered.

   (c)   Use and occupancy of vacant land or change in use of land.

   (d)   Any change in the use of a non-conforming use.

   (e)   Any change of tenants of a retail unit.

   (f)   Any change in the ownership of a rental dwelling pursuant to Section 1306.53.

   (g)   Any change in the use of a property from an owner-occupied property to a rental property.

   No such occupancy, use or change of use shall take place until a certificate of code compliance has been issued by the Commissioner.

(Ord. 39-18. Passed 5-6-2019; Ord. 09-2023. Passed 5-15-2023.)

    (a)   Submission Requirements.

      (1)   An application for a Conditional Use Permit shall be on a form approved by the Director and shall contain the following information:

         A.   The name, address, and telephone number of the applicant.

         B.   The address and zoning district of the subject property.

         C.   A narrative description of the existing use.

         D.   A narrative description of the proposed conditional use, including a discussion of the compatibility of the proposed use with the existing uses of adjacent properties and the impact of the proposed use on adjacent properties considering such elements as parking, traffic, noise, lighting, fumes, and the outdoor storage of goods.

         E.   Where applicable, a site plan of the proposed conditional use showing the locations of all buildings, parking and loading areas, streets and access ways, service areas, utilities, signs, yards, landscaping, and other information the Commission may require.

         F.   Whether or not the property is listed on the federal, state, or local register of historic places.

         G.   Any documents reasonably deemed necessary by the Director.

         H.   The fee as established pursuant to Section 1173.06.

      (2)   Upon receipt of an application for a Conditional Use Permit, the Director shall, within three (3) working days, make a preliminary review of the application to determine compliance with the requirements of paragraph (a)(1) herein. If the Director determines that the application is not complete, the Director shall immediately notify the applicant; otherwise, the Director shall forward the application to the Commission for review at its next regularly scheduled meeting.

   (b)   In addition to the specific criteria for a conditionally permitted use specified in Chapters 1135, 1159 or 1161, the Commission shall consider and weigh the following factors when reviewing an application for a Conditional Use Permit:

      (1)   Whether the proposed use is consistent with the comprehensive plan;

      (2)   Whether the proposed use will be designed, constructed, operated, and maintained so as to be harmonious with existing and/or intended adjacent uses;

      (3)   Whether the proposed use will be served adequately by existing public utilities and services, and the impact of the proposed use on such utilities and services;

      (4)   Whether the proposed use will have a substantially detrimental impact on the public health, safety, and welfare;

      (5)   Whether the proposed use will interfere substantially with vehicular and pedestrian traffic on surrounding public rights-of-way;

      (6)   Whether the proposed use will result in the destruction, loss, or damage to a property listed on the federal, state, or local register of historic places; and

      (7)   Any other factors the Commission reasonably deems applicable.

         (Ord. 91-95. Passed 10-7-1996.)

   (c)   Notice Procedures. Where a Conditional Use Permit is requested, notice of the public hearing held pursuant to Section 1171.03(i) shall be made in a newspaper of general circulation no less than seven (7) days before the hearing; said notice shall state the time and place of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the Ordinances.

(Ord. 124-05. Passed 2-6-2006.)

      (1)   In addition, notice, indicating the time, place, and subject of the hearing, shall be sent by regular mail to the owners of:

         A.   All properties abutting the subject property;

            (Ord. 91-95. Passed 10-7- 19 96.)

         B.   All properties abutting such properties described in subsection (c)(1)A. hereof, excepting properties located across the right-of-way from or behind said abutting properties.

            (Ord. 24-98. Passed 5-18- 19 98.)

         C.   Any other property the Director deems affected by the proposed variance.

      (2)   Where a lot described in subsection (c)(1) hereof contains a condominium of more than ten (10) units, notice shall be sent to the president of the condominium association and the management company responsible for the building; the management company shall receive sufficient copies of the notice to post two (2) on every floor of the building at locations determined by the company.

   (d)   A Conditional Use Permit shall be deemed to authorize only one (1) particular conditional use and said permit shall automatically expire if such conditionally permitted use has not been instituted or utilized within one (1) year of the date on which the permit was issued or if for any reason such use shall be discontinued for more than one (1) year.

(Ord. 91-95. Passed 10-7-96; Ord. 61-04. Passed 7-6-2004.)

(a)   Submission Requirements.

      (1)   A request for a determination of similar use shall be on a form approved by the Director and shall contain the following information:

         A.   The name, address, and telephone number of the applicant.

         B.   Proof of ownership, legal interest, or written authority to make the application.

         C.   A description of the proposed similar use, including a discussion of the compatibility of the proposed use with uses otherwise permitted in the subject district.

         D.   Where applicable, site plans, elevations, and other drawings at a reasonable scale to show the need for the variance.

         E.   Any other documents reasonably deemed necessary by the Director.

         F.   The fee established pursuant to Section 1173.06.

      (2)   Upon receipt of a request for a determination of similar use, the Director shall, within three (3) working days, make a preliminary review of the application to determine compliance with the requirements of subsection (a)(1) hereof. If the Director determines that the application is not complete, the Director shall immediately notify the applicant; otherwise, the Director shall forward the application to the Commission for review at its next regularly scheduled meeting.

   (b)   The Commission shall consider and weigh the following factors when making a determination of similar use:

      (1)   Whether the proposed use is compatible with the other uses listed as permitted or conditionally permitted in the district in which the proposed use would be located.

      (2)   Whether the proposed use will negatively impact the district in which it would be located when considering such factors as parking, traffic generation, and public services.

      (3)   Any other factors the Commission reasonably deems applicable.

         (Ord. 91-95. Passed 10-7- 19 96.)

   (c)   Where the Commission finds that a proposed use is substantially similar to a permitted use in a Commercial Office C1 District, Commercial Retail C2 District, Commercial General Business C3 District, Commercial Public School C4 District, or the Industrial (I) District in which it is to be located, the similar use shall be a permitted similar use for said district.

 

   (d)   Where the Commission finds that a proposed use is substantially similar to a conditionally permitted use in a Commercial Office C1 District, Commercial Retail C2 District, Commercial General Business C3 District, Commercial Public School C4 District, or the Industrial (I) District in which it is to be located, the similar use shall be a conditionally permitted similar use for said district subject to the requirements of Section 1173.02.

   (e)   Notice Procedures. Where a determination of similar use is requested, notice of the public hearing held pursuant to Section 1171.03(i) shall be made in a newspaper of general circulation no less than seven (7) days before the hearing; said notice shall state the time and place of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the Ordinances.

(Ord. 124-05. Passed 2-6-2006.)

      (1)   In addition, notice, indicating the time, place, and subject of the hearing shall be sent by regular mail to the owners of:

         A.   All properties abutting the subject property;

            (Ord. 91-95. Passed 10-7- 19 96.)

         B.   All properties abutting such properties described in subsection (e)(1)A. hereof, excepting properties located across the right-of-way from or behind said abutting properties;

            (Ord. 24-98. Passed 5-18- 19 98.)

         C.   Any other property the Director deems affected by the proposed similar use.

      (2)   Where a lot described in subsection (e)(1) hereof contains a condominium of more than ten (10) units, notice shall be sent to the president of the condominium association and the management company responsible for the building; the management company shall receive sufficient copies of the notice to post two (2) on every floor of the building at locations determined by the company.

         (Ord. 91-95. Passed 10-7-1996.)

   (f)   No order of the Board or Commission granting a variance(s) shall be valid for a period longer than twelve (12) months from the date of such order unless the building permit or occupancy permit is obtained within such period and the erection or alteration of the structure is started or the use is commenced within such period.

(Ord. 124-05. Passed 2-6-2006.)

(a)   Submission Requirements.

      (1)   A request for a variance(s) shall be on a form approved by the Commissioner and shall, at a minimum contain the following information:

         A.   The name, address, and telephone number of the applicant.

         B.   Proof of ownership, legal interest, or written authority to make the application.

         C.   A description of the variance(s) requested and a narrative establishing and substantiating the justification for the variance(s) pursuant to the criteria set forth in subsections (c) or (d) of this Section 1173.04, whichever is applicable.

         D.   Site plans, elevations, and other drawings at a reasonable scale to show the need for the variance(s).

         E.   Any other documents reasonably deemed necessary by the Commissioner.

         F.   The fee established pursuant to Section 1173.06.

      (2)   Upon receipt of a request for a variance(s), the Commissioner shall, within three (3) working days, make a preliminary review of the application to determine compliance with the requirements of subsection (a)(1) hereof. If the Commissioner determines that the application is not complete, the Commissioner shall immediately notify the applicant; otherwise, the Commissioner shall forward the application to the Board for review.

   (b)   Minor Area Variances.

      (1)   The Commissioner is hereby authorized to grant minor area variance(s), as hereinafter defined.

      (2)   MINOR AREA VARIANCE means an area variance(s) of less than ten percent (10%) of the permitted lot coverage, or of the required side yard or rear yard, as set forth in the applicable section of this Code.

      (3)   When determining whether to grant a minor area variance(s), the Commissioner shall consider whether the applicant will experience a practical difficulty by applying the criteria set forth in subsection (c) herein.

      (4)   Where application is made for a minor area variance(s), the applicant shall provide, on a form approved by the Commissioner, written evidence that the owners of properties abutting the subject property have been informed of the project and variance(s) requested and do not object to same; where the owners of abutting properties do not object, the Commissioner is authorized to grant the variance(s) and issue the necessary permit(s).

      (5)   A decision of the Commissioner to deny the variance(s), or where the Commissioner has received an objection to the application from an abutting property owner, may be appealed to the Board pursuant to Section 1173.05. 

   (c)   The following factors shall be considered and weighed by the Commissioner and/or Board, whichever is applicable, when determining whether an applicant will experience practical difficulty:

      (1)   Whether there exist site conditions, such as narrowness, shallowness, or topography, unique to the property in question that are not applicable generally to other lands or structures in the same zoning district;

      (2)   Whether the property in question is located near a non-conforming or non-harmonious use, structure, or site conditions, or whether the property in question abuts a less restrictive zoning district;

      (3)   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance(s);

      (4)   Whether the variance(s) is substantial;

      (5)   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance(s);

      (6)   Whether the variance(s) would adversely affect the delivery of governmental services (e.g., water, sewer, refuse removal);

      (7)   Whether the property owner purchased the property with knowledge of the zoning restriction;

      (8)   Whether the property owner’s predicament feasibly can be obviated through some method other than a variance(s); and

      (9)   Whether the spirit and intent of the Code would be observed and substantial justice done by granting the variance(s).

         (Ord. 91-95. Passed 10-7-1996.)

   (d)   The following factors shall be considered by the Board or Commission, where applicable, when determining whether an applicant will suffer an unnecessary hardship; such hardship must be demonstrated by clear and convincing evidence as to ALL of the following:

(Ord. 24-98. Passed 5-18-1998.)

      (1)   The property cannot be put to any economically viable use under any of the permitted uses in the zoning district in which it is located;

      (2)   The variance(s) request stems from a condition which is unique to the property at issue and not ordinarily found in the district;

      (3)   The hardship condition is not created by actions of the applicant;

      (4)   The applicant purchased the property without knowledge of the zoning restriction;

      (5)   The variance(s) sought is the minimum which will afford relief to the applicant;

      (6)   The granting of the variance(s) will not adversely affect the rights of those property owners to whom notice is required under subsection (e) herein;

      (7)   The granting of the variance(s) will not adversely affect the public health, safety, or general welfare; and

      (8)   The variance(s) will be consistent with the general spirit and intent of this Code.

         (Ord. 91-95. Passed 10-7- 19 96.)

   (e)   Notice Procedures. Where an area or use variance(s) is requested, notice of the public hearing held pursuant to Section 1171.04(c) shall be made in a newspaper of general circulation no less than seven (7) days before the hearing; said notice shall state the time and place of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the Ordinances.

(Ord. 124-05. Passed 2-6-2006.)

       (1)   In addition, notice, indicating the time, place, and subject of the hearing, shall be sent by regular mail to the owners of:

         A.   All properties abutting the subject property;

         B.   All properties abutting such properties described in subsection (e)(1)A. hereof, excepting properties located across the right-of-way from or behind said abutting properties;

         C.   Any other property the Director deems affected by the proposed variance.

      (2)   Where a lot described in subsection (e)(1) hereof contains a condominium of more than ten (10) units, notice shall be sent to the president of the condominium association and the management company responsible for the building; the management company shall receive sufficient copies of the notice to post two (2) on every floor of the building at locations determined by the company.

   (f)   No order of the Board or Commission granting a variance(s) shall be valid for a period longer than twelve (12) months from the date of such order unless the building permit or occupancy permit is obtained within such period and the erection or alteration of the structure is started or the use is commenced within such period.

(Ord. 91-95. Passed 10-7-1996.)

   (a)   Any person adversely affected by a decision of the Commissioner may take an appeal to the Board or Commission.

   (b)   Such appeal shall be taken within thirty (30) calendar days of the decision of the Commissioner by filing with the Director a written notice of appeal specifying the grounds thereof and accompanied by the fee established pursuant to Section 1173.06.

   (c)   The Director shall immediately forward to the Board or Commission the notice of appeal and all documents constituting the record of the decision upon which the appeal is based.

   (d)   The Board or Commission shall address the appeal within the time periods specified in Section 1171.04 paragraphs (c) and/or (d).

(Ord. 91-95. Passed 10-7-1996.)

    (a)   Fee for an application for:

 

   (h)   Fee for an application for an amendment to the Zoning Ordinance by a property owner shall be $500.00. It shall be submitted to the Secretary of the Planning Commission who shall convey the $500.00 to the Finance Department for a receipt.

 

         A.   New wireless telecommunication tower and related facility - $1,500.00 deposit upon which expenses incurred by the City will be drawn and the balance, if any, returned to the applicant upon final inspection prior to authorization of commencement of the use.

         B.   New wireless telecommunication antenna and related facilities (without tower) - $500.00

         C.   Annual inspection fee - $100.00

         D.   Reimbursement of expenses - The applicant for a wireless telecommunication tower and/or antenna facility shall be responsible for all expenses incurred by the City for any technical and/or engineering services deemed necessary by the Director, the Commissioner, the Commission, the Board or the Architectural Review Board to perform the reviews required by Chapter 1159 which are not covered by the fees set forth in subsection (4) of this Section 1173.06. 

(Ord. 36-17. Passed 2-5-2018; Ord. 39-18. Passed 5-6-2019.)

   (a)   The regulations, restrictions and boundaries set forth in this Ordinance may from time to time be amended, supplemented, changed or repealed, provided, however, that no such action may be taken until after it has been referred to the Commission for a public hearing.

(Ord. 91-95. Passed 10-7-1996.)

   (b)   Notice Procedures.

      (1)   Notice of the public hearing shall be made in a newspaper of general circulation no less than seven (7) days before the hearing; said notice shall state the time, place and purpose of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the Ordinances.

         (Ord. 124-05. Passed 2-6-2006.)

      (2)   The Commission shall give written notice of a public hearing, stating the time, place and purpose to all owners and residents of property within 200 feet of the property for which rezoning is requested, except that where any entire district or a large part of a district is under consideration, notice other than that published in the newspaper need not be given.

   (c)   Where the Commission votes to not recommend the amendment, the amendment shall become effective only by a favorable vote of a two-thirds (2/3) majority of Council.

   (d)   Applications to amend the Zoning Ordinances of the City, which have been denied by the Commission, may be resubmitted within ten (10) days, if a request is made in writing by the applicant, setting forth the grounds thereof. If the Commission determines by vote that valid grounds have been submitted, a rehearing shall be granted. If the request is not made within ten (10) days from date of ruling, no application on the same appeal may be made to the Commission for a period of six (6) months from the date the original application was denied. The filing of an application for a rehearing shall not be deemed to extend the time permitted by law for the filing of an appeal to the Courts.

(Ord. 91-95. Passed 10-7-1996.)

    (a)    Whoever violates any provision of this Code, including violation of any condition placed on a granted variance or a conditionally permitted use, is guilty of a minor misdemeanor, provided that such person has not, within two (2) years of the violation, been convicted of or plead guilty to an offense under this Code.

   (b)   If the offender has been convicted of or plead guilty to an offense under this Code within two (2) years of the violation, a violation of any provision of this Code is a misdemeanor of the fourth degree.

(Ord. 91-95. Passed 10-7-1996.)

    (a)   Notwithstanding any other provision of this Code, any person accused of violating any provision of this Code may be issued a non-compliance ticket, in lieu of instituting prosecution for the alleged violation as provided in this Section.

   (b)   A person issued a non-compliance ticket shall:

      (1)   Pay an administrative fee of $75.00 to the Commissioner within fourteen (14) days of the issuance of the non-compliance ticket as a settlement and compromise of the claim against the accused; and

      (2)   Correct, repair, or rectify the condition resulting in issuance of the non-compliance ticket within fourteen (14) days.

   (c)   If the accused fails to comply with the provisions of subsection (b) herein,

      (1)   The non-compliance ticket may be converted to a complaint or notice to appear which shall be filed with the Municipal Court and the accused shall be subject to prosecution and the fines and penalties authorized by law; or

      (2)   Additional non-compliance tickets may be issued.

   (d)   The Commissioner is authorized to promulgate administrative regulations to implement this Section.

(Ord. 91-95. Passed 10-7-1996.)