There is created for the City of Livingston a Zoning Commission as provided by statute, consisting of five (5) citizen members, appointed by the Chair and subject to the confirmation of the City Commission. Terms of each member shall run concurrent with the term of the Chair.

A.

Powers and Duties. The duties and powers of the Zoning Commission shall be to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein, and to hold public meetings and to make recommendations to the City Commission on all requests to amend, supplement, change, modify or repeal the regulations, restrictions and boundaries in the zoning districts. The City Commission shall not hold its public hearings or take action until it has received a final report from the Zoning Commission.

B.

Proceedings of the Zoning Commission. The Zoning Commission shall hold its meetings in the City-County Complex and the presence of three (3) members shall constitute a quorum.

The Zoning Commission shall keep minutes of their proceedings, showing the vote of each member, or if absent or failure to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Zoning Coordinator. The official minutes of the Zoning Commission's proceedings shall be signed by the Chair or acting chair and attested to by the secretary.

(Ord. 1868, 2/2/98; Ord. No. 3005, § 2, 4/20/21)

A.

General. This chapter, including the Official Zoning Map, may be amended by the City Commission by a regular ordinance amendment, but no amendment shall become effective unless it shall have been submitted to the City Zoning Commission for review according to the procedures in Section 30.71.F and recommendation.

B.

Applications for Map Amendments. Unless initiated by the City Manager, City Commission or the Zoning Commission, all applications for Official Map amendments must be submitted by the owner of such property. An application for an amendment affecting the same property shall not be submitted more often than once every twelve (12) months.

C.

Applications for Text Amendments. Unless initiated by the City Manager, City Commission or the Zoning Commission, all applications for text amendments to this chapter must be submitted by the owner of property within the City of Livingston.

Each application to amend the Official Map shall be filed with the Zoning Coordinator, and each application shall be submitted under the following conditions:

1.

It shall include, but not be limited to, the following information:

a.

A legal description of the tract(s) proposed to be re-zoned;

b.

A map showing the dimensions, acreage and location of the tract(s) and adjacent land uses;

c.

A competed City application form.

d.

The names and addresses of the owners of the adjacent land;

e.

A receipt showing payment of all applicable fees to the City.

2.

An application for amendment to the Official Map shall be submitted at least twenty (20) days prior to the date of the public hearing before the City Zoning Commission.

3.

An application for a zone change may not be withdrawn or amended after the legal advertising, as required by this section, has appeared for the final public hearing before the City Commission. An applicant may be allowed to withdraw at the time of the Zoning Commission hearing by a majority vote of the members present without requiring City Commission approval of the withdrawal and without prejudice with respect to the twelve (12) month waiting period providing, however, that no application be allowed to be withdrawn more than once within the twelve (12) month period after the application shall have first been submitted.

Each application to amend the text of this chapter shall be filed with the Zoning Coordinator, and each application shall be submitted under the following conditions:

1.

It shall include, but not be limited to, the following information:

a.

The proposed change of the text and that portion of the text proposed to be changed.

b.

A completed City application form.

c.

A receipt showing payment of all applicable fees to the City.

2.

An application for amendment to the text of this chapter shall be submitted at least twenty (20) days prior to the date of the public hearing before the City Zoning Commission.

3.

An application for a text amendment may not be withdrawn or amended after the legal advertising, as required by this section, has appeared for the final public hearing before the City Commission. An applicant may be allowed to withdraw at the time of the Zoning Commission hearing by a majority vote of the members present without requiring City Commission approval of the withdrawal and without prejudice with respect to the twelve (12) month waiting period providing, however, that no application be allowed to be withdrawn more than once within the twelve (12) month period after the application shall have first been submitted.

D.

Zoning Coordinator's Study and Responsibility. The Zoning Coordinator, upon receiving an application for re-zoning of an area or a particular piece of property or for an amendment to the text shall do the following:

1.

Consult with other departments of the City or County to evaluate the impact of any zoning change upon public facilities and services including but not limited to schools, drainage, traffic and related facilities;

2.

Study each application with reference to its appropriateness and effect on existing and proposed land use;

3.

In the case of a protest petition filed in the matter of an application for re-zoning, determine the validity of such petition;

4.

Advertise in the legal newspaper fifteen (15) days in advance of the time and place of the public hearing.

5.

In the case of an amendment to the Official Zoning Map, notify, by certified, return receipt requested mail, the applicant and all property owners within three hundred (300) feet of the exterior boundaries of the property subject to the re-zoning: of the time, date, place of the public hearing and the existing and proposed land use classification. Such notification shall be mailed to the applicant and the surrounding property owners no sooner than fifteen (15) days and no later than five (5) days prior to the date of the public hearing. Post the subject property not less than five (5) days prior to the public hearing. Posted notice shall include the nature of the change being requested as well as the time, date and location of the public hearing;

6.

Report the findings and conclusions, in writing, to the City Zoning Commission. Such report shall be a matter of public record, and shall be forwarded to the City Commission with the Zoning Commission's recommendation.

E.

City Zoning Commission Action. The City Zoning Commission shall review and take action upon each application in accordance with the provisions of this article, and after a public hearing at which the application has been legally advertised. Each application shall be presented to the Zoning Commission by the Zoning Coordinator, together with their findings and conclusions on the matter. A written report of the Zoning Commission's decision and the Zoning Coordinator's findings and conclusions including the basis for the decision shall be submitted to the City Commission.

The City Zoning Commission shall make a recommendation to the City Commission to:

1.

Deny the application for amendment to the Official Map or text; or

2.

Grant the application for amendment to the Official Map or text; or

3.

Delay action on the application for a period not to exceed thirty (30) days.

The City Zoning Commission shall use Roberts Rules of Order for the conduct of public hearings and meetings.

No member of the Zoning Commission may vote on any request which they or any partner has worked, or in which they or any partner has any financial interest or ownership.

The recommendation of the Zoning Commission and the time and place of the City Commission's hearing shall be published in the newspaper at least fifteen (15) days prior to the date of the hearing by the City Commission. The City Commission may vote upon the first reading of the amendment at the same meeting at which the public hearing is held. Such a vote may only be taken after the public hearing is held.

F.

City Commission Public Hearing. Before taking action on an application for an amendment to the Official Map or text of this chapter, and after presentation of the Zoning Commission report, the City Commission shall hold a public hearing on the application.

In case, however, of a valid protest petition against such change signed by the owners of twenty (20) percent or more either of the area of the lot included in such proposed change, or of those immediately adjacent in the rear of extending one hundred fifty (150) feet from the street frontage of such opposite lots. Such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the City Commission.

When such proposed amendment has been denied by the City Commission neither it nor one involving the same tract(s) shall be offered for adoption within one (1) year after such denial.

(Ord. 1861, 6/16/97; Ord. 1868, 2/2/98; Ord. No. 2004, § 1, 8/4/08; Ord. No. 2091, § 1, 11/5/20; Ord. No. 2093, § 1, 11/5/20)

Editor's note— Ord. No. 2004, § 1, adopted Aug. 4, 2008, repealed § 30.72 which pertained classification of newly annexed area and derived from Ord. No. 1868, adopted Feb. 2, 1998.

A.

Appeals. The City commission shall hear and decide appeals where it is alleged that there is an error in any order requirement, decision, or determination made by an administrative official in enforcement of the City's zoning regulations.

The City Commission shall fix a reasonable time for the hearing of appeal not to exceed thirty (30) days, give public notice thereof as well as due notice to the parties in interest, and render a decision within a reasonable time not to exceed ten (10) days thereafter. At the hearing any party may appear in person or by attorney.

B.

Appeals: Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the City Commission after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property.

C.

Decisions, Appeals Re-Hearing. In exercising the above-mentioned powers, City Commission may, in conformity with the provisions of this act, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the office from whom the appeal is taken.

The concurring vote of four (4) members of the City Commission shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under such resolution.

Any person or persons, jointly or severally, aggrieved by any decision of the, City Commission made under this part, or any taxpayer, or any officer, department, or board of the City may present to a court of record a petition setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the decision in the office of the City Commission.

If an application for an administrative review is denied by the City Commission, another application shall not be filed within a period of one (1) year from the date of denial, except upon the initiation of the City Commission after a showing of a change of circumstances which would warrant a re-hearing.

(Ord. No. 2004, § 1, 8/4/08; Ord. No. 2076, 12/18/18; Ord. No. 3005, § 2, 4/20/21; Ord. No. 3014, § 2, 8/3/21)

A.

Applications. An application for variance shall be filed with the Zoning Coordinator under the following conditions:

1.

The application shall include, but not be limited to the following:

a.

A legal and general description of the tract(s) upon which a variance is sought.

b.

The name and address of the owner(s) of the land subject to the variance.

2.

The applicant shall present a map showing the location of the property for which the application is submitted, and its relationship to adjoining property.

3.

The applicant shall present a dimensioned site plan of the property for which the application is submitted which shall include, but not be limited to, the following:

a.

The location and dimension of all vehicular points of ingress and egress, drives, off-street parking spaces, channelization and traffic circulation, and;

b.

The location and size of all existing and proposed buildings, structures, and improvements, and;

c.

The existing buildings, structures, and improvements shall be labeled as such and indicated by a solid line. The proposed buildings, structures, and improvements shall be labeled as such and indicated by a dashed or dotted line.

4.

The reason why the variance is being sought.

5.

Be accompanied by proof of payment of all applicable fees.

6.

An application for a variance may not be withdrawn or amended by the applicant after the legal advertising as required by this article shall have first appeared.

B.

Zoning Coordinator Action. The Zoning Coordinator, upon receiving an application for a variance, shall do the following:

1.

Consult with other departments of the City to fully evaluate the impact upon public facilities and services.

2.

Study each application with reference to its appropriateness and effect on existing and proposed land uses.

3.

Place notice of the time, date and place of the public hearing in a newspaper of general circulation at least fifteen (15) days in advance of the date set for the public hearing.

4.

Notify the applicant and property owners, by mail, within three hundred (300) feet of the exterior boundaries of the property subject to the variance of the time, date and place of the public hearing and the proposed variance on the subject property at least ten (10) days prior to the date of the public hearing.

5.

Place a notice of the time, date, and place of the public hearing on the property at least ten (10) days prior to the hearing date.

6.

Report the findings to the City Commission.

C.

The City Commission may authorize upon appeal in specific cases such variances from the terms of this ordinance that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done.

Under no circumstances shall the City Commission grant a variance that would allow a use not permissible under the terms of the ordinance in the district involved. A variance shall not be a grant of special privilege inconsistent with the limitations placed upon property in the district.

The City Commission may prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance.

(Ord. No. 2004, § 1, 8/4/08; Ord. No. 2076, 12/18/18; Ord. No. 3014, § 2, 8/3/21)

A.

General. Special Exceptions for uses other than those specifically permitted in each district, are intended to provide, in appropriate cases, and subject to appropriate conditions and safeguards, to be Special Exceptions to the terms of the Zoning Ordinance of the City of Livingston, when granted in harmony with its general purposes and intent of the ordinance.

No Special Exceptions shall be granted by the City Commission unless they find:

1.

The use will not place a substantial adverse effect upon nearby properties or their occupants.

2.

That the proposed use is in harmony with the general purposes and intent of the zoning ordinance.

3.

If desired, the City Commission may add such requirements as it deems necessary to protect the surrounding neighborhood from the effects of the granted Special Exception.

B.

Applications. An application for a Special Exception must be filed by the property owner. Such application shall be filed with the Zoning Coordinator and shall be submitted under the following conditions:

1.

The application shall include, but not be limited to the following information:

a.

A legal and general description of the tract(s) upon which the Special Exception is sought.

b.

The map showing the dimensions, acreage and location of the tract(s).

c.

The name and address of the owner(s) of the tract(s).

d.

A site plan showing major details of the proposed development including but not limited to: the location of proposed and existing buildings and structures; off-street parking and loading, when required, service and refuse areas; means of ingress and egress; landscaping, screening signs, and open space areas.

e.

A time schedule for development.

f.

Any other information the applicant believes will support their request.

The application must be submitted to the Zoning Coordinator. Proof of payment of all applicable fees from the City must accompany all applications. No application defect shall effect the validity of any such application.

C.

Zoning Coordinator Action. The Zoning Coordinator, upon receiving an application for a Special Exception shall do the following:

1.

Consult with other departments of the City and/or County to fully evaluate the impact of the use(s) contemplated under the application upon public facilities and services.

2.

Study each application with reference to its appropriateness and effect on existing and proposed land uses.

3.

Place a notice of the time, date, and place of the public hearing before the appropriate body in the legal newspaper of the City at least fifteen (15) days in advance of the date of the public hearing.

4.

Notify the applicant and property owners by first class mail, within three hundred (300) feet of the exterior boundaries of the tract(s) of the proposed Special Exception area of the time, date, place of the public hearing and the proposed use(s) of the subject property at least ten (10) days prior to the date of the public hearing.

C.

Reserved.

D.

City Commission Action. The City Commission shall consider each application in accordance with provisions of this Article, and at a public hearing at which time the application has been legally advertised. Each application shall be presented by the Zoning Coordinator, together with conclusions and recommendations.

The City Commission shall:

1.

Deny the application for a Special Exception, or

2.

Grant the application for a Special Exception, or

3.

Delay action on the application for a period not to exceed thirty (30) days, or

4.

Grant the application with special conditions and safeguards.

(Ord. No. 2004, § 1, 8/4/08; Ord. No. 2076, 12/18/18; Ord. No. 3005, § 2, 4/20/21; Ord. No. 3014, § 2, 8/3/21)