Lewiston City Zoning Code

ZONING PROCEDURES

§ 152.035 PLANNING AND ZONING COMMISSION.

(A) The Planning and Zoning Commission is hereby established which shall consist of not less than five members and not more than 11, one of which may be a member of the City Council. The members of the Commission shall be appointed by the City Council and shall serve staggered four-year terms.

(B) The Planning and Zoning Commission shall elect a chairperson from among its members and may create and fill such other offices as it may determine is necessary to conduct business. The City Administrator’s office shall provide a secretary for the purpose of taking minutes.

(C) The Planning and Zoning Commission shall hold a regular meeting each month and adopt rules for the transaction of business along with keeping public records of any resolutions, transactions, findings and recommendations of the Commission.

(D) The Planning and Zoning Commission shall provide assistance to the City Council and Zoning Administrator in the administration of this chapter and the recommendation of the Planning and Zoning Commission shall be advisory in nature. Specifically, the Planning and Zoning Commission shall review, hold public hearings and make recommendations to the City Council on all applications for zoning amendments and conditional use permit using the criteria in §§ 152.036 and 152.037.

(E) In the event that the members of the Planning and Zoning Commission are less than five members, any requirement for Commission review under this chapter shall not be required. The Zoning Administrator shall transmit the complete application and required exhibits to the City Council for their consideration and review at their next regularly scheduled meeting. The Mayor may elect to call a special meeting for consideration and review. The Zoning Administrator shall have notice of such hearing published at least once in the legal newspaper, not less than ten days and not more than 30 days prior to said hearing. The City Council shall take appropriate action on the request within 60 days of the Zoning Administrator’s receipt of the complete application. Any other provisions of the applicable paragraph that is not inconsistent with these terms shall continue to be effective.

(Prior Code, § 904.01)

§ 152.036 ZONING AMENDMENTS.

(A) The Council may adopt amendments to this chapter and the zoning map in relation both to land uses within a particular district or to the locations of a district line.

(B) Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the Comprehensive Plan or changes in conditions in the city.

(1) Types of amendments. The types of amendments shall be as follows:

(a) A change in a district’s boundary (rezoning);

(b) A change in a district’s regulations; or

(2) Initiation of proceedings. Proceedings for amending this chapter shall be initiated by at least one of the following three methods:

(a) By petition of an owner or owners of property which is proposed to be rezoned, or for which district regulation changes are proposed;

(b) By recommendation of the Planning and Zoning Commission; or

(3) Required exhibits to application for rezoning or district regulation changes initiated by property owners. The required exhibits shall be as follows:

(a) A preliminary building and site development plan. The Council may also require a boundary survey of the property; or

(b) Evidence of ownership or enforceable option on the property if joined in the application by the present owners.

(4) Procedure. The procedure for a property owner to initiate a rezoning or district regulation change applying to this property is as follows.

(a) The property owner or his or her agent shall meet with the Zoning Administrator to explain his or her situation, learn the procedures and obtain an application form.

(b) The applicant shall file the completed application form together with required exhibits with the Zoning Administrator and shall pay a filing fee as established by the Council.

(c) The Zoning Administrator shall transmit the application and required exhibits to the Planning and Zoning Commission for its consideration and review at its next regularly scheduled meeting.

(d) The Zoning Administrator shall set the date for a public hearing; provided it can be accomplished at the next regularly scheduled Planning and Zoning Commission meeting, and shall have notices of such hearing published in the legal newspaper at least once not less than ten days and not more than 30 days prior to said hearing. In the event that the zoning change affects a parcel containing five acres or less, the Zoning Administrator shall also send written notice to all property owners within the affected zone and within 350 feet of the outer boundaries of the property to be rezoned. The Zoning Administrator shall use the last real estate tax role or city services billing records to determine the names and addresses of affected property owners. However, failure of any property owner to receive such written notification shall not invalidate the proceedings. The City Council may waive the mailed notice requirements for a city-wide amendment to this chapter initiated by the Planning and Zoning Commission or the Council.

(e) The Planning and Zoning Commission shall hold the public hearing and then shall recommend to the Council within 30 days, one of three actions: approval, denial or conditional approval.

(f) The Council shall act upon the application within 30 days after receiving the recommendation of the Planning and Zoning Commission.

(g) No application of a property owner for an amendment to the text of this chapter or the zoning map shall be considered by the Planning and Zoning Commission within the one year period following a denial of such request, except the Planning and Zoning Commission may permit a new application, if in the opinion of the Planning and Zoning Commission, new evidence or a change in circumstances warrant it.

(Prior Code, § 904.02)

§ 152.037 CONDITIONAL USE PERMITS.

The purpose of a conditional use is to permit a use that would not be appropriate generally but may be allowed with appropriate restrictions upon a finding that certain conditions as detailed in the zoning ordinance exist, and the use or development conforms to the Comprehensive Plan, and is compatible with the existing area.

(A) General criteria for granting conditional use permits. In granting a conditional use permit, the Council shall consider the advice and recommendations of the Planning and Zoning Commission and the effect of the proposed use on the Comprehensive Plan and upon the health, safety and general welfare of occupants of surrounding lands. Among other things, the Council shall make the following findings where applicable:

(1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities which serve or are proposed to serve the area;

(2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land;

(3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties;

(4) The use, in the opinion of the Council, is reasonably related to the overall needs of the city and to the existing land use;

(5) The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use;

(6) The use is not in conflict with the Comprehensive Plan of the city; and

(7) The use will not cause traffic hazard or congestion.

(B) Additional conditions.

(1) In permitting a new conditional use or the alteration of an existing conditional use, the Council may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions which the Council considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to, the following:

(a) Increasing the required lot size or yard dimension;

(b) Limiting the height, size or location of buildings;

(d) Increasing the street width;

(e) Increasing the number of required off-street parking spaces;

(f) Limiting the number, size, location or lighting of signs;

(g) Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property;

(h) Designating sites for open space; and

(i) Establishing time limits for the permit or periodic compliance reviews.

(2) The Zoning Administrator shall maintain a record of all conditional use permits issued including information on the use, location and conditions imposed by the Council; time limits, review dates and such other information as may be appropriate.

(1) A preliminary building and site development plan. The Council may also require a boundary survey of the property; and

(2) Evidence of ownership or enforceable option on the property if joined in the application by the present owners.

(D) Procedure. The procedure for obtaining a conditional use permit is as follows.

(1) The property owner or his or her agent shall meet with the Zoning Administrator to explain his situation, learn the procedures and obtain an application form.

(2) The applicant shall file the completed application form together with required exhibits with the Zoning Administrator and shall pay a filing fee as established by the Council.

(3) The Zoning Administrator shall transmit the application and required exhibits to the Planning and Zoning Commission for their consideration and review at their next regularly scheduled meeting.

(4) The Zoning Administrator shall set the date for a public hearing and shall have notice of such hearing published at least once in the legal newspaper, not less than ten days and not more than 30 days prior to said hearing.

(5) The Planning and Zoning Commission shall hold the public hearing and then shall study the application to determine possible adverse effects of the proposed conditional use and to determine what additional requirements may be necessary to reduce such adverse effects and recommend one of three actions to the Council within 30 days after holding the public hearing: approval, denial or conditional approval.

(6) The Council shall take appropriate action on the request for a conditional use permit within 30 days of receiving the recommendations by the Planning and Zoning Commission. If it grants the conditional use permit, the Council may impose conditions (including time limits) it considers necessary to protect the public health, safety and welfare and such conditions may include a time limit for the use to exist or operate.

(7) Where a conditional use permit has been issued pursuant to the provisions of this chapter, such permit shall become null and void without further action by the Planning and Zoning Commission or the Council unless work thereon commences within six months of the date granting such conditional use. The conditional use permit shall not be assignable. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than six consecutive months.

(8) In the event that the applicant violates any of the conditions set forth in this chapter, the Council shall have the authority to revoke the conditional use permit.

(9) No application of a property owner for a conditional use shall be considered by the Planning and Zoning Commission within a one-year period following a denial for such a request, except the Planning and Zoning Commission may permit a new application if in its opinion new evidence or a change in circumstances warrant it.

(Prior Code, § 904.03)

§ 152.038 VARIANCES.

(A) Criteria for granting variances. A variance to the provisions of this chapter may be issued by the City Council acting as the Board of Adjustment to provide relief to the landowner in those cases where this chapter imposes undue hardship or practical difficulties to the property owner in the use of this land. No use variances may be issued. A variance may be granted only in the event that all the following circumstances exist:

(1) Exceptional or extraordinary circumstances apply to the properties which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of property, since the effective date of this chapter, have had no control;

(2) The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

(3) The special conditions or circumstances do not result from the actions of the applicant;

(4) The granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district;

(5) The variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship; and

(6) The City Council, acting as the Board of Adjustment, may impose such restrictions and conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this chapter, or to reduce or minimize the effects of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. No variance shall permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area or permit standards lower than those required by federal, state or local law.

(B) Required exhibits for variance applications. The following exhibits shall be required:

(1) A preliminary building and site development plan. The Planning and Zoning Commission or the City Council may also require a boundary survey of the property; and

(2) Evidence of ownership or enforceable option on the property.

(1) The property owner or his or her agent shall meet with the Zoning Administrator to explain his or her situation, learn the procedures and obtain an application.

(2) The applicant shall file the completed application form, together with required exhibits, with the Zoning Administrator and shall pay a filing fee as established by the City Council.

(3) The Zoning Administrator shall transmit the application to the City Council, acting as the Board of Adjustment and Planning and Zoning Commission for review and shall notify all property owners within 350 feet of the outer boundaries of the property in question; provided however, failure of any property owner to receive such notification shall not invalidate the proceedings.

(5) The City Council, acting as the Board of Adjustment, and Planning and Zoning Commission shall hold a public hearing, jointly, on the proposed variance and shall make a recommendation of one of three actions: approval, denial or conditional approval.

(6) The City Council, acting as the Board of Adjustment, within 60 days of the city’s receipt of a complete application shall render a decision (approval, denial or conditional approval) and notify the applicant.

(7) No application by a property owner for a variance shall be submitted to the Zoning Administrator within a six-month period following a denial of such a request, except the Board may permit a new application, if in the opinion of the Commission, new evidence or change of circumstances warrants it.

(8) All appeals from the decision relating to variance shall be presented to the City Council, acting as the Board of adjustments within 30 days of the action.

(Prior Code, § 904.04)

§ 152.039 ENFORCEMENT.

(A) Enforcing officer. It shall be the duty of the Zoning Administrator to cause the provisions of this chapter to be enforced through the proper legal channels.

(1) Hereinafter, it is unlawful for any person to construct or move any kind of structure or building or part thereof including decks without first securing a zoning permit therefore.

(2) Applications for zoning permits shall be accompanied by the following exhibits unless waived by the Zoning Administrator:

(a) Evidence of ownership of the property by applicant;

(b) The exact legal description of the property (from abstract or deed);

(c) A drawing or sketch of an area including the property in question up to 100 feet beyond its outer boundaries or adjacent building, whichever is closer, showing existing utilities, lot boundaries and dimension, buildings, easements, foliage, and topography and waterways if pertinent; and

(d) County, state or federal permits, if required.

(B) Procedure.

(1) Persons requesting a zoning permit shall fill out a building permit form available from the Zoning Administrator.

(2) Completed zoning permit forms and a fee as may be established by resolution of the Council shall be submitted to the Zoning Administrator. If the proposed development conforms in all respects to this chapter, a zoning permit shall be issued by the Zoning Administrator within a period of 30 days.

(3) If the proposed development involves a zoning amendment, variance or conditional use permit, the application shall be submitted to the Planning and Zoning Commission or Board of Adjustment (City Council) for review and appropriate action according to the procedures set forth in this code.

(Prior Code, § 904.05) Penalty, see § 10.99