A.

Applicability. Text amendments to these regulations may be initiated by city staff, the city commission, or the planning commission.

B.

Amendment procedure.

1.

Public hearing. The planning commission shall hold a public hearing on each proposed amendment. The planning commission shall select a reasonable hour and place for the public hearing, but it shall hold the hearing within 60 days from the date on which the proposed amendment is filed. An applicant for an amendment may waive the requirement that such hearing be held within 60 days.

2.

Notice. Public notice of a hearing on a proposed amendment shall be published once in the official city newspaper at least 20 days prior to the date of the hearing. The notice shall fix the time and place for the hearing and contain a statement regarding the proposed changes and regulations or restrictions or in the boundary or classification of any zone or district.

3.

Conduct of hearing. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the planning commission may from time to time prescribe by rule. Any interested person or party may appear and be heard at the hearing in person, by agent or by attorney. The planning commission may request a report on any proposed amendment from any governmental official or agency, or any other person, firm or corporation. If such a report is made, a copy thereof shall be made available to the applicant and any other interested persons and shall be available for review in the offices of the secretary, city planning commission at least three business days before the date set for the public hearing.

4.

Recommendations. Upon the conclusion of the public hearing, the planning commission shall prepare and adopt its recommendations in the form of a proposed development regulation and shall submit it with a record of the hearing to the city commission.

5.

Action by the city commission. When the planning commission submits a recommendation of approval or disapproval of such amendment and the reasons therefor, the city commission may:

a.

Adopt. Adopt such recommendation by ordinance,

b.

Override. Override the planning commission's recommendation by a two-thirds majority vote of the membership of the city commission, or

c.

Return. Return such recommendation to the planning commission with a statement specifying the basis for the city commission's failure to approve or disapprove. If the city commission returns the planning commission's recommendation, the planning commission after considering the same may resubmit its original recommendation, giving the reasons therefor, or submit new and amended recommendations. Upon the receipt of such recommendation, the city commission by a simple majority thereof may adopt or may revise or amend and adopt such recommendation by ordinance or it need take no further action thereon. If the planning commission fails to deliver its recommendation to the city commission following the planning commission's next regular meeting after receipt of the city commission's report, the city commission shall consider such course of inaction on the part of the planning commission as a resubmission of the original recommendation and proceed accordingly.

6.

Publication. If the city commission approves an application, it shall adopt an ordinance to that effect, but the ordinance shall not become effective until its publication in the official newspaper.

(Ord. No. 7996, § 1, 6-14-2016; Ord. No. 8063, § 1, 11-28-2017)

A.

Applicability. Plat applications are required to establish or alter the legal boundaries of property, and may be the owners or agents of any property affected.

B.

Platting procedures. Applications for platting shall be proposed on forms established by the director of the planning department and filed with the city clerk. Applications shall be processed according to the following specific procedures:

1.

Types of plats. Plat applications are classified and processed as one of the following types:

a.

Administrative plats, which are routine applications for lot splits or lot combinations that do not alter development patterns or impact public services; or

b.

Minor subdivisions, which are platting of five or fewer new lots, including any remainder parcel, that do not alter development patterns or impact public services; or

c.

Major subdivisions, which larger subdivisions are with new ownership and development patterns that impact public services.

2.

Pre-application conference. Prior to the filing of any plat, the applicant shall (preferably with two copies of a rough sketch plan of the proposed subdivision) contact the city staff to determine:

a.

Classification of the plat.

b.

Procedure for filing plats.

c.

Availability of city sewers and water, and other major utilities, including a letter or similar proof of availability from any utility.

d.

Comprehensive land use plan requirements for major streets, land use, parks, schools and public open spaces.

e.

Zoning requirements for the property in question and adjacent property.

f.

Special setback requirements for arterial, collector and local streets.

3.

Administrative plat. Administrative plats shall be processed according to the following criteria and procedures.

a.

Criteria. An application may be classified as an administrative plat if the director determines that all of the following are met. Any application not classified as an administrative plat shall be processed as a minor or major subdivision.

(1)

No new street or alley right-of-way, or other public dedication is needed.

(2)

No significant increase in service requirements (utilities, schools, traffic control, streets, etc.), or the ability to maintain existing service levels will result.

(3)

For a lot split, involves a single split of one lot resulting in two separate lots, or for a lot combination involves the combining of two separate lots into one lot.

(4)

All lots meet the legal standards of the subdivision regulations and applicable zoning districts.

(5)

The lot patterns are consistent with the surrounding area. In determining consistency, the size and dimension of lots previously developed, the layout and design of existing subdivisions and rights-of-way, and the degree of deviation from previous development shall be considered.

(6)

No other significant issues exist with potential development enabled by the plat that could impact planning policies, development regulations or adjacent property owners.

(7)

All property involved must have been previously platted.

(8)

No property involved may have been part of a previously approved administrative plat. Any subsequent revisions to property lines must be processed as a minor or major subdivision.

b.

Filing requirement. An administrative plat shall include all applicable information required for final plats.

c.

Review and approval. Upon review by the director, development review committee, or any affected departments or agencies, and within 60 days of filing, the director shall approve any administrative plats that meet all requirements of these regulations, or deny the application and recommend any further processing as a major subdivision.

d.

Effect of decision. Approval of an administrative plat requires the applicant to record the plat with the Leavenworth register of deeds. Denial or recommendation of major subdivision shall be processed according to major subdivision review requirements.

e.

The administrative plat shall be recorded with the register of deeds within 18 months of approval by the director. Plats which are not recorded within said time period shall be deemed null and void.

f.

Disposition of final plats. After the plat has been recorded, the applicant shall provide two full-sized copies of the recorded plat to the department of planning and community development.

4.

Minor subdivision. Minor subdivisions shall be processed according to the following criteria and procedures.

a.

Criteria. An application may be classified as minor subdivision if the director determines that all of the following are met. Any application not classified as a minor subdivision shall be processed as a major subdivision.

(1)

No new street or alley right-of-way, or other public dedication is needed.

(2)

No significant increase in service requirements (utilities, schools, traffic control, streets, etc.), or the ability to maintain existing service levels will result.

(3)

The application results in five or fewer new lots, including any remainder parcel.

(4)

All lots meet the legal standards of the subdivision regulations and applicable zoning districts.

(5)

The lot patterns are consistent with the surrounding area. In determining consistency, the size and dimension of lots previously developed, the layout and design of existing subdivisions and rights-of-way, and the degree of deviation from previous development shall be considered.

(6)

No other significant issues exist with potential development enabled by the plat that could impact planning policies, development regulations or adjacent property owners.

b.

Filing requirement. A minor subdivision shall include all applicable information required for final plats.

c.

Review and approval. Within 60 days after submission of a plat, the planning commission shall approve, disapprove, conditionally approve, or with approval of the applicant, table the plat. If the planning commission approves the plat, the plat shall have house numbers assigned and shall be recorded with the office of the Leavenworth County register of deeds.

d.

The plat shall be recorded with the register of deeds within 18 months of approval by the planning commission. Plats which are not recorded within said time period shall be deemed null and void.

e.

Disposition of final plats. After the plat has been recorded, the applicant shall provide two full-sized copies of the recorded plat to the department of planning and community development.

5.

Major subdivision.

a.

Preliminary plat. A preliminary plat shall be processed according to the following criteria and procedures.

(1)

Development review committee. At least seven days prior to the planning commission review, the development review committee shall review the preliminary plat and submit their recommendation to the planning commission.

(2)

Planning commission review. Within 60 days after the submission of a preliminary plat, the planning commission shall approve, disapprove or, with the approval of the applicant, table the plat. Action by the planning commission shall be conveyed to the applicant in writing within ten days after the official planning commission meeting at which the plat was considered. In case the plat is disapproved, the applicant shall be notified of the reason for such action and what requirements shall be necessary to meet the approval of the planning commission.

(3)

Effect of decision. The approval of the preliminary plat does not constitute an acceptance of the subdivision, but is deemed an authorization to proceed with the preparation of the final plat. If the planning commission rejects or withholds approval of a preliminary plat, the applicant may request that said plat be submitted to the city commission and the planning commission shall forward the proposed plat, together with their report, stating the reason or reasons for the action taken. The city commission may make such finding and determinations as are deemed proper.

(4)

Effective date. The approval of the preliminary plat shall be effective for one year.

b.

Final plat. After approval of the preliminary plat, the applicant may submit a final plat for all or portions of the preliminary plat area.

(1)

Planning commission. Within 60 days after submission of a final plat, the planning commission shall approve, disapprove, conditionally approve, or with approval of the applicant, table the final plat. If the planning commission approves or conditionally approves the final plat, it shall be forwarded to the city commission with a recommendation that they accept dedication of easements and rights-of-way.

(2)

Dedication of land for public purposes. The city commission shall approve or disapprove the dedication of land for public purposes within 30 days following the action of the planning commission. The city commission may defer action for an additional 30 days to allow modifications to comply with requirements established by the city commission. If the city commission defers or disapproves such dedication, it shall advise the planning commission of the reasons therefore.

(3)

Recording. If the city commission accepts the proposed easements and rights-of-way, the final plat shall have house numbers assigned and shall be recorded with the office of the Leavenworth County register of deeds.

(4)

Effective date. Final plats shall be recorded with the register of deeds within 18 months following approval by the planning commission, or city commission approval of land dedicated to public purposes, if required. Final plats which are not recorded within said time period shall be deemed null and void.

c.

Disposition of final plats. After the plat has been recorded, the applicant shall provide two full-sized copies of the recorded plat to the department of planning and community development.

C.

Improvement procedures.

1.

General. After the approval, but prior to the recording of the final plat, the applicant may do the grading and any drainage work that is required, all according to plans approved by the director of public works. Prior to the issuance of building permits, all street paving, sanitary sewer, storm drainage, and utility lines must be installed in accordance with the most recent version of the engineering and public works department's Infrastructure Design and Construction Manual and plans approved by the appropriate utility company.

2.

Plans and specifications. Upon the approval of the final plat, the applicant shall have a licensed professional engineer prepare engineering drawings for proposed required improvements which will be constructed by the developer containing information and details required by the Infrastructure Design and Construction Manual or public works department standards. The director of public works shall review all engineering drawings in order to determine whether such drawings are consistent with the approved final plat and comply with their design standards.

3.

Construction of improvements. No improvements shall be constructed nor shall any work preliminary thereto be done until such time as a final plat and the engineering drawings accompanying it have been approved and there has been compliance with all of the requirements relating to an agreement, bond or deposit specified in these regulations. The developer may install 6" x 5' sidewalks in conjunction with the street paving and forgo the required sidewalk bond.

4.

Inspections. All improvements constructed or erected shall be subject to inspection by the city or its designated representative responsible for setting and enforcing the applicable design and construction standards of the required improvement. The cost attributable to all inspections required by this regulation shall be charged to and paid by the applicant. Before any required inspections take place, the applicant may be required to post a deposit with the city clerk to cover the cost of such inspections. Onsite inspections may be conducted at any times and work may be terminated if it does not comply with standards of final drawings.

5.

Final inspection. Upon completion of all improvements within the area covered by the final plat, the applicant shall notify the director of public works who shall conduct a final inspection of all improvements installed. If the final inspection indicates that there are any defects or deficiencies in any the improvements as installed, or if there are any deviations in the improvements as installed from the final engineering plans and specifications, he shall notify the applicant in writing of such defects, deficiencies, or deviations, and the applicant shall, at his sole cost and expense, correct the defects or deviations. When the defects, deficiencies, or deviations have been corrected, the applicant shall notify the official that the improvements are ready for final re-inspection.

6.

Acceptance. Upon receipt by the city commission of the certificate of the director of public works that all improvements have been installed in conformance with the approved engineering drawings, and with the requirements of these regulations, and all other applicable statutes, ordinances and regulations, the city commission and/or such appropriate utility shall thereupon, by letter or motion, formally accept such improvements. The improvements shall become the property of the city commission or appropriate utility company involved.

(Ord. No. 7996, § 1, 6-14-2016; Ord. No. 8063, § 1, 11-28-2017; Ord. No. 8132, § 1, 7-14-2020; Ord. No. 8164, § 1, 6-8-2021; Ord. No. 8197, § 1, 10-11-2022; Ord. No. 8238, § 1, 3-12-2024)

A.

Applicability. Zoning changes to specific property may be initiated by a city commissioner, the city commission, the planning commission, or the owners or agents of any property affected.

B.

Zone change procedure. Applications for a zoning change shall be proposed on forms established by the director of the planning department and filed with the city clerk. Applications shall be processed according to the following specific procedures:

1.

Certified ownership list. The application shall be accompanied by an ownership list certified by an attorney or a title company or a list and map prepared by the county GIS department listing the legal description and name and address of the owners of record of all property located within 200 feet of the property proposed to be rezoned if within the incorporated limits of the city and if rezoning of property located adjacent to or outside the city limits, the area of notification is extended to 1,000 feet in the unincorporated area.

2.

Public hearing. The planning commission shall hold a public hearing on each proposed amendment. The planning commission shall select a reasonable hour and place for the public hearing, but it shall hold the hearing within 60 days from the date on which the proposed amendment is filed. An applicant for an amendment may waive the requirement that such hearing be held within 60 days.

3.

Notice. Public notice of a hearing on a proposed amendment shall be published once in the official city newspaper at least 20 days prior to the date of the hearing. The notice shall fix the time and place for the hearing and contain a statement regarding the proposed changes and regulations or restrictions or in the boundary or classification of any zone or district, and the property shall be designated by legal description or a general description sufficient to identify the property under consideration. In addition to publication notice, written notice of the proposed zoning change shall be mailed at least 20 days before the hearing to all owners of record of lands located within at least 200 feet of the area proposed to be rezoned within the city. If the area proposed to be rezoned is adjacent to or outside the city limits, the area of notification of the city's action shall be extended to 1,000 feet in the unincorporated area.

4.

Conduct of hearing. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the planning commission may from time to time prescribe by rule. Any interested person or party may appear and be heard at the hearing in person, by agent or by attorney. The planning commission may request a report on any proposed amendment from any governmental official or agency, or any other person, firm or corporation. If such a report is made, a copy thereof shall be made available to the applicant and any other interested persons and shall be available for review in the offices of the secretary, city planning commission at least three business days before the date set for the public hearing.

5.

Conditions of determination. Whenever the planning commission or city commission takes action on an application for a zoning change the planning commission and city commission shall consider the following factors:

a.

The character of the neighborhood;

b.

The zoning and use of properties nearby;

c.

The suitability of the subject property for the uses to which it has been restricted;

d.

The extent to which removal of the restrictions will detrimentally affect nearby property;

e.

The length of time the subject property has remained vacant as zoned;

f.

The relative gain to economic development, public health, safety and welfare by the reduction of the value of the landowner's property as compared to the hardship imposed by such reduction upon the individual landowner;

g.

The recommendations of permanent or professional staff;

h.

The conformance of the requested change to the adopted or recognized comprehensive land use plan being utilized by the city; and

i.

Other factors as may be relevant to a particular proposed amendment. The factors considered in taking action on any proposed amendment shall be included in the minutes or otherwise be made part of the written record.

6.

Recommendations. Upon the conclusion of the public hearing, the planning commission shall prepare and adopt its recommendations in the form of a proposed development regulation and shall submit it with a record of the hearing to the city commission.

7.

Protest by petition. If a written protest against a proposed zoning change is filed in the office of the city clerk within 14 days as of the date of the conclusion of the public hearing, pursuant to the publication notice, signed by the owners of record or 20 percent or more of any real property proposed to be rezoned, or by the owners of record of 20 percent or more of the total area required to be notified by this act of the proposed rezoning of a specific property, excluding streets and public ways, the ordinance adopting such amendment shall not be passed except by at least a three-fourths vote of all of the members of the city commission.

8.

Action by the city commission. The city commission shall not consider a request prior to the lapse of the 14-day protest period. When the planning commission submits a recommendation of approval or disapproval of such amendment and the reasons therefor, the city commission may:

a.

Adopt. Adopt such recommendation by ordinance,

b.

Override. Override the planning commission's recommendation by a two-thirds majority vote of the membership of the city commission, or

c.

Return. Return such recommendation to the planning commission with a statement specifying the basis for the city commission's failure to approve or disapprove. If the city commission returns the planning commission's recommendation, the planning commission after considering the same may resubmit its original recommendation giving the reasons therefor or submit new and amended recommendations. Upon the receipt of such recommendation, the city commission by a simple majority thereof may adopt or may revise or amend and adopt such recommendation by ordinance or it need take no further action thereon. If the planning commission fails to deliver its recommendation to the city commission following the planning commission's next regular meeting after receipt of the city commission's report, the city commission shall consider such course of inaction on the part of the planning commission as a resubmission of the original recommendation and proceed accordingly.

9.

Publication. If the city commission approves an application, it shall adopt an ordinance to that effect, but the ordinance shall not become effective until its publication in the official newspaper. If the official zoning district map has been adopted by reference, the amending ordinance shall define the change or boundary as amended, shall order the official zoning district map to be changed to reflect such amendment and shall amend the section of the regulations incorporating the same and shall reincorporate such map as amended.

(Ord. No. 7996, § 1, 6-14-2016)

A.

Applicability. All uses identified in the zoning districts, use table or elsewhere in these regulations as a special use in any particular zoning district shall require a special use permit. Applications for special use permits may be submitted by the owners or agents of any property affected.

B.

Special use permit procedures. Applications for a special use permit shall be proposed on forms established by the director of the planning department and filed with the clerk.

1.

Certified ownership list. The application shall be accompanied by an ownership list certified by an attorney or a title company or a list and map prepared by the county GIS department listing the legal description and name and address of the owners of record of all property located within 200 feet of the subject property if within the incorporated limits of the city and if subject property is located adjacent to or outside the city limits, the area of notification is extended to 1,000 feet in the unincorporated area.

2.

Public hearing. The planning commission shall hold a public hearing on each proposed special use request. The planning commission shall select a reasonable hour and place for the public hearing, but it shall hold the hearing within 60 days from the date on which the application is filed. An applicant for a special use permit may waive the requirement that such hearing be held within 60 days.

3.

Notice. Public notice of a hearing on a special use permit shall be published once in the official city newspaper at least 20 days prior to the date of the hearing. The notice shall fix the time and place for the hearing and contain a statement regarding the proposed special use, and the property shall be designated by legal description or a general description sufficient to identify the property under consideration. In addition to publication notice, written notice of the proposed special use request change shall be mailed at least 20 days before the hearing to all owners of record of lands located within at least 200 feet of the subject property within the city. If the subject property is adjacent to or outside the city limits, the area of notification of the city's action shall be extended to 1,000 feet in the unincorporated area.

4.

Conduct of hearing. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the planning commission may from time to time prescribe by rule. Any interested person or party may appear and be heard at the hearing in person, by agent or by attorney. The planning commission may request a report on any proposed amendment from any governmental official or agency, or any other person, firm or corporation. If such a report is made, a copy thereof shall be made available to the applicant and any other interested persons and shall be available for review in the offices of the secretary, city planning commission at least three business days before the date set for the public hearing.

5.

Planning commission recommendations. The planning commission may recommend issuance of those special uses which are expressly authorized to be permitted in a particular zoning district or districts as found in article 4, zoning districts and standards and appendix a, use table.

6.

Protest by petition. If a written protest against a proposed special use permit is filed in the office of the city clerk within 14 days as of the date of the conclusion of the public hearing, pursuant to the publication notice, signed by the owners of record of 20 percent or more of the total area required to be notified by this application for a special use permit, excluding streets and public ways, the ordinance adopting such amendment shall not be passed except by at least a three-fourths vote of all of the members of the city commission.

7.

Final approval. The city commission may recommend issuance of a special use permit whenever it finds that:

a.

The proposed special use complies with all applicable provisions of this article.

b.

The proposed special use at the specified location will contribute to and promote the economic development, welfare or convenience of the public.

c.

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

d.

The location and size of the special 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 special 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 special use will so dominate the immediate neighborhood, consideration shall be given to:

(1)

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

(2)

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

(3)

Off-street parking and loading areas whether on the premises or auxiliary to the premises will be provided in accordance with the standards set forth in this appendix and such areas adjoining residential uses will be located to protect such residential uses from any injurious effect.

(4)

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

(5)

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.

C.

Discontinuance or violation of permit conditions. A special use permit may be granted by and continued annually by the city commission. The continuation of a special use permit exists with the property as long as such special use permit is used in accordance with its original intended and approved purpose and the annual SUP fee is paid. Any discontinuance of more than 12 months, violation of permit conditions, or failure to pay a fee may enable the city commission to administratively rescind a special use permit.

D.

Revocation. A special use permit may be revoked for cause upon the finding that the special use permit has violated any criteria of approval, changed circumstances supporting the approval or a determination that the use has become a nuisance by reason of design or operation of the use, site or buildings. Revocation shall require that the city commission hold a public hearing with at least 21 days' notice and no more than 60 days' notice, with a certified letter being sent to the property owner and general notice to the public. Notice shall contain the date, time, place and purpose of the hearing and cite the reason for the proposed revocation.

(Ord. No. 7996, § 1, 6-14-2016; Ord. No. 8063, § 1, 11-28-2017)

A.

Applicability. All applications for multifamily, commercial, industrial, SUPs, PUDs and rezoning shall be accompanied by a site plan and all submissions for a building permit for any permitted use therein must be accompanied by a site development plan. Single-family dwellings are exempt from this requirement.

B.

Site plan procedures. Applications for a site plan shall be proposed on forms established by the director of the planning department and filed with the planning department. Except for site plans that accompany other required approval processes, applications shall be processed according to the following specific procedures:

1.

The city planner shall determine if submitted site plans are in accordance with these regulations and then forward all site plan submissions to the development review committee along with a written opinion on the plan's merits.

2.

The development review committee is responsible for final review and approval of site plans for multifamily residential, mixed-use, mobile home parks, planned unit developments, commercial or industrial developments which are in accordance with these regulations.

3.

In its review, the development review committee will consult and consider the recommendation of the various departments and agencies affected by the proposed site plan.

4.

If the development review committee rejects or withholds approval of the site plan the applicant may appeal the decision to the planning commission at its next regular meeting. The planning commission may recommend approval, disapproval or approval with conditions to the city commission.

C.

Criteria. Site design shall ensure that all provisions of these development regulations and all other ordinances, comprehensive land use plan, and general plans and standards of the city shall be complied with, where applicable. In determining the applicability of a site plan to the standards, and in interpreting the standards, the following criteria shall be used:

1.

The proposed development shall not have any detrimental effect upon the general health, welfare, safety, and convenience of persons residing or working in the neighborhood; and shall not be detrimental or injurious to the neighborhood.

2.

The proposed development shall promote a desirable relationship of structures: to one another; to open spaces; and to the topography on the site and in the surrounding area.

3.

The height, area, setbacks, and overall mass, as well as parts of any structure (buildings, walls, signs, lighting, etc.) and landscaping shall be adequate and appropriate to the development, the neighborhood, and the community.

4.

Ingress, egress, internal traffic circulation, off-street parking facilities, loading and service areas, and pedestrian walkways shall be so designed as to promote safety and convenience.

5.

The architectural character of the proposed structure shall meet the requirements of article 7, design standards.

D.

Amendment to site plan. No approved site plan may be modified, or expanded in ground or structural area more than ten percent of the gross floor area unless the site plan is amended and approved in accordance with the procedures applicable to initial approval, or as otherwise approved through minor modifications in section II.F[2.06]. Such changes will require the applicant to resubmit the site plan as outlined in the preceding sections.

E.

Effect of decision. All elements of the approved site plan must be executed in association with a building permit or certificate of occupancy, except that installation of landscape may be delayed for up to six months to allow optimal planting, and provided other adequate assurances of implementation are provided by applicant.

(Ord. No. 7996, § 1, 6-14-2016)

A.

General. This section sets forth the required review and approval procedures for "minor modifications," that are minor deviations from otherwise applicable standards that may be approved by the director. Minor modifications are to be used when the small size of the modification requested and the unlikelihood of any adverse effects on nearby properties or the neighborhood make it infeasible to seek a formal variance. Minor modifications to development standards may only be requested where no additional permit, such as conditional use or special use, is required prior to construction.

B.

Applicability. Requests for minor modifications must be made in writing to the director who shall have 21 days from receipt to respond in writing. If the director does not act on the request within 21 calendar days, the application shall be deemed denied. The director may approve a single minor modification per development of up to a maximum of ten percent from the following general development and zoning district standards:

1.

Minimum lot area requirements;

2.

Setback requirements; and

3.

Quantitative development standards generally applicable throughout the development regulations of the city.

The director shall have sole decision-making authority for a minor modification.

C.

Limitations. In no circumstance shall the director approve a minor modification that results in:

1.

Any change in required floodplain elevations;

2.

An increase in overall project density;

3.

A change in permitted uses or mix of uses;

4.

A deviation from the use-specific standards in article 4, zoning districts and standards;

5.

A change in conditions attached to the approval of any site plan or special use permit;

6.

A change to a development feature already modified through a variance or other minor modification; or

7.

Any change in the maximum area of signage.

8.

No more than two standards may be modified on any single development project.

D.

Criteria. The review and approval of a minor modification is administrative and shall not require any form of notice or a public hearing prior to determination. The following criteria shall be met for a minor modification:

1.

Evidence of substantial compliance with the provisions of the comprehensive land use plan, any other applicable city plans and the development regulations;

2.

Compatibility with surrounding land uses.

E.

Appeal. Appeal of the director's determination shall be to the development review committee.

F.

Approval termination. An approved minor modification terminates at the same time as the original approval. Minor modification of an approval does not extend the lapse period of the original approval.

G.

Record of minor modifications and annual review. The director shall keep a record of all minor modifications that includes information about the date of the request, the location of the project, a brief description of the minor modification request, and the director's action. The director shall submit the minor modification log to the planning commission annually for review. Upon reviewing the record, the planning commission may determine whether changes to the zoning and development ordinance of the city are necessary.

(Ord. No. 7996, § 1, 6-14-2016)

Any person wishing to appeal a provision of this document as it has been applied to their case shall make application for appeal to the appropriate entity as listed below.

A.

Zoning regulations. Zoning regulations shall be appealed to the board of zoning appeals as specified in article 11. Specifically this shall include:

1.

Article 1. Section 1.05 Non-conformances.

2.

Article 2. Section 2.05 Site development plans.

3.

Article 4. District regulations.

4.

Article 5. Parking.

5.

Article 6. Landscaping.

6.

Article 8. Signs.

7.

Article 10. Supplementary district regulations.

B.

Development regulations. Development regulations shall be appealed to the city commission where specified in these regulations. Specifically this shall include:

1.

Article 3. Subdivision standards.

2.

Article 9. Historic preservation.

SUMMARY TABLE

R = Review/Recommendation

PC = Planning commission

D = Decision

CC = City commission

A = Appeal

BZA = Board of zoning appeals

H = Public hearing

■ = Required

□ = Optional or recommended

(Ord. No. 7996, § 1, 6-14-2016; Ord. No. 8238, § 1, 3-12-2024)