Zoneomics Logo
search icon

Lowry Crossing City Zoning Code

§ 7

COMPLIANCE REQUIRED.

7-1 
CONFORMANCE WITH THE ZONING REGULATIONS
(1) 
All land, buildings, structures or appurtenances thereon located within the city which are hereafter occupied, used, erected, altered, removed, placed, demolished or converted, shall be occupied, used[,] erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as herein provided.
(2) 
In addition to the conformance requirement as stated in subsection (1) above (that limits use by affirmatively citing only those uses that are permitted within a specific zoning district) it is ordained:
a. 
That the sale of liquor is prohibited in all of the residential sections of the city.
b. 
That the sale of beer is prohibited in any residential area of the city.
c. 
That the sale of wine is prohibited in any residential area of the city, unless the property obtains Specific Use Permit zoning in accordance with Section 18.
7-2 
CONFORMANCE WHEN SITE PLAN REVIEW REQUIRED
The adoptive ordinance granting any zoning may contain a provision that before the issuance of any building permit for construction of any new structure for the use granted, or before the issuance of a certificate of occupancy for the occupancy of any existing structure or tract for the use granted, a the party seeking the permit or certificate shall make application for a Site Plan Review before the Planning & Zoning Commission and the City Council.
Site Plan Review Required
(1) 
The “Site Plan Review” process shall not impose any new condition, but shall be a review process in an effort to ensure, prior to issuance of building permits or certificates of occupancy, that city requirements have been or will be met upon completion of the construction or the occupancy of the tract, including compliance with zoning regulations, subdivision regulations, building regulations, and the conditions of any Development Plan or Special Use Permit.
(2) 
Where ordered, the Site Plan Review Process shall not result in the approval of any new plan, but a successful review of the applicant’s plan shall be a prerequisite to the issuance of the building permit or as the case may be, the issuance of a certificate of occupancy. A Site Plan may where appropriate or shall when ordered, include a drawing for use in the review process. However, the review may, where appropriate, involve only existing plans and oral representation of the applicant. The review may involve a single tract or structure, or an entire subdivision, or phase thereof.
(3) 
No building permit or as the case may be, certificate of occupancy, shall be issued until the Planning and Zoning Commission and the City Council have each concluded the site plan review process with a motion. A motion, to wit: “that the site plan review is concluded” shall be a prerequisite to the issuance of the building permit or certificate of occupancy, but shall not be considered an approval to take any action not in compliance with law.
For example, if a site plan is presented that shows among other things a barn located on the drawing that according to the zoning ordinance is located too close to the adjacent property line, the successful conclusion of the review process shall not be construed to be an approval of the incorrect location, and it shall remain the responsibility of the applicant to place the barn at the proper location even though the incorrect location was not recognized during the review process.
(4) 
A public hearing shall not be required and the Planning & Zoning Commission and City Council may meet in joint session for such review.
(5) 
Where the review process requires review by the city consulting engineer, as determined by the city council, the [then] an application fee shall be charged to offset the charge to the city for such engineering review, otherwise no additional fee shall be charged for such review. The fee shall be calculated in the same manner as a fee for engineering review of subdivision plats.
(6) 
The City Council may on recommendation of the Planning & Zoning Commission or on its own motion, authorize in writing minor revisions to the plan that do not constitute a zoning change or subdivision amendment.
(7) 
A site plan drawing may and should where appropriate indicate building elevations; location of separate buildings; the minimum distance between buildings; property lines; access routes; adjacent zoning and structures; streets; alleys; parking plan; landscaping; and provision for off-street parking.
(Ordinance 295, sec. B, adopted 8/9/16; Ordinance 332 adopted 12/10/19)