Violation of any provisions of this chapter shall be deemed a misdemeanor, and upon conviction a person will be subject to penalties provided by section 1-8. Each day a violation exists shall be deemed a separate offense.

(a)

The provisions of this chapter shall be administered by a zoning enforcement officer.

(b)

The city or any property owner may request an injunction against any property owner in violation of this chapter, or may mandamus any official to enforce the provisions of this chapter.

Cross reference— Officers and employees, § 2-181 et seq.

(a)

Required. No new structure or addition to an existing structure shall be occupied and no permitted or conditional use of a building shall be changed unless a certificate of occupancy is issued by the zoning enforcement officer. Conditional uses that are changed to another conditional use must go through the conditional use review process before a certificate of occupancy can be issued.

(b)

Procedure.

(1)

Application. A certificate of occupancy shall be applied for coincident with the application for a building permit.

(2)

Action on application. The zoning enforcement officer shall inspect the property which is the subject of an application upon completion of the building or structure, after a completed application has been filed, and shall issue a certificate of occupancy if the premises of the property comply in all respects with the applicable development regulations in effect for the city. If the premises do not so comply, the zoning enforcement officer shall deny the application in a written notice mailed to the applicant within five days after the inspection of the property, specifying the provisions of which ordinance or code the structure or development does not comply.

(3)

Contents of certificates of occupancy. Information required for submission to obtain a certificate of occupancy shall include:

a.

Name of the applicant.

b.

Nature and extent of the applicant's ownership interest in the subject property.

c.

Address of the property for which a certificate is requested.

d.

A legal description of the property, the zoning classification for the property, and a statement that the use of the property is allowed or permitted in the zoning classification for the property.

e.

If a site plan or other conditional approval for the structure or the development of which such structure is a part was required, a copy of any document granting such approval and any plans approved in connection with the site plan.

f.

Such other information as requested by the enforcement officer to ensure conformance with applicable development regulations.

(4)

Temporary certificates of occupancy. A temporary certificate of occupancy may be issued for a portion of a building which may safely be occupied prior to final completion of the building. A temporary certificate of occupancy shall be valid for a period not exceeding six months. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy of any other matter required by this section.

The board of zoning adjustment is created in accordance with A.C.A. § 14-56-416. The board of zoning adjustment shall consist of city-appointed members. The planning commission as a whole shall sit as the board of zoning adjustment.

The board of zoning adjustment shall meet to designate one of its members as chairman, select a vice-chairman, and select a secretary. The secretary does not need to be a member of the board of zoning adjustment. The terms of office of the chairman and other members shall be as provided by the bylaws of the board of zoning adjustment.

The board of zoning adjustment shall establish regular meeting dates providing for at least one regular meeting to be held in each calendar year.

The board of zoning adjustment shall adopt bylaws for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions.

Each session of the board of zoning adjustment shall be a public meeting, with public notice of the meeting and business to be carried on the agenda to be published in a newspaper of general circulation in the city, at least one time, seven days prior to the meeting.

The board of zoning adjustment shall have the following functions:

(1)

Hear appeals from the decision of the zoning enforcement officer in respect to the enforcement and application of the zoning regulation and may affirm or reverse, in whole or in part, the decision of the zoning enforcement officer.

(2)

Hear requests for variances from the literal provisions of this chapter in instances where strict enforcement of this chapter would cause undue hardship due to circumstances unique to the individual property under consideration, or where unique mitigating circumstances exist in the immediate area such as public or private open space or similar buffers. Such variances shall only be granted when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this chapter. The board of zoning adjustment shall not permit, as a variance, any use in a zone that is not permitted under this chapter. The board of zoning adjustment may impose conditions in granting of a variance to ensure compliance and to protect adjacent property. Decisions of the board of zoning adjustment in respect to this subsection shall be subject to appeal only to a court of record having jurisdiction.

(Ord. No. 239, § 1, 9-6-1994)

(a)

Application and public hearing.

(1)

Appeals may be taken to the board of zoning adjustment by any person affected by a decision of the enforcement officers of this chapter. Requests for variances from the literal provisions of the zoning regulations shall also be taken to the board of zoning adjustment. All appeals or requests for a variance shall be made in writing and filed with the secretary of the board of zoning adjustment, specifying the grounds for such appeal or variance. The board of zoning adjustment shall fix a reasonable time for a public hearing on the appeal or variance. A public notice shall be published at the applicant's expense at least once not less than seven days preceding the date of such hearing, in a newspaper of general circulation in the city. The public notice shall give the particular location of the property on which the appeal or variance is requested, as well as a brief statement of the reason for the appeal or variance.

(2)

The applicant for a variance or any appeal to the board of zoning adjustment resulting in a public hearing shall request and assure that signs are installed by city staff announcing the variance or appeal from the city offices, and shall display such signs in the manner prescribed. Signs posted shall be 24 inches by 30 inches in size and shall be posted in a conspicuous manner. Signs shall be posted at least seven days preceding the date of the public hearing for the variances or appeal.

(b)

Fee. The fee for any appeal or request for variance to the board of zoning adjustment shall be as set by the mayor, no part of which shall be refundable. The secretary of the board of zoning adjustment shall deposit with the city clerk all fees collected.

(Ord. No. 785, § 2, 8-1-2011; Ord. No. 789, § 1, 10-3-2011)

Certain specified uses of land and buildings are declared to be conditional uses in the various zoning districts. These conditional uses, prior to establishment, require a public hearing and site plan review. In addition, there are uses of land and buildings which are permitted by right in the various zoning districts and are therefore not conditional but which do, also, require a site plan review.

The purpose of this division is to set forth procedures for processing conditional uses and to establish standards by which conditional uses can be evaluated. Section 94-101 reviews the requirements of the site plan review process. The planning commission shall hear and recommend, in accordance with provisions of this chapter, each individual request for conditional use permits. Only those uses which are specifically listed as conditional uses in the respective zoning classifications may be requested for conditional use authorization. After detailed review of its compatibility with the area and the specific treatment of screening, landscaping and other amenities provided to protect the integrity of the neighborhood, the planning commission shall forward its recommendation to the city council for final action.

(a)

Applications for conditional use approval shall be made by the owner/operator of the proposed business. The application must demonstrate that the applicant is the property owner or that the property owner has been notified of the proposed use of the property and the application for a conditional use permit. Such notice and acknowledgment of the same may be shown by the signature of the property owner or authorized agent for the owner on the application.

(b)

The application may accompany a rezoning request or may be applied for by itself as long as the use is recognized as a conditional use in the existing zoning classification. If the application is accompanied by a rezoning request, the property owner must be an applicant and appear in support of the application and rezoning request.

(c)

The application shall be submitted to the department of planning and zoning, which will collect the filing fee and process all applicable surveys, site plans and other supporting information pertinent to this review process. The application shall precede the next scheduled planning commission meeting by the close of the agenda, and in compliance with notice provisions set forth in this chapter and specifically in section 94-10.

(Ord. No. 717, § 1, 10-5-2009)

The submission requirements for a conditional use shall be the same as for the rezoning of any lot, parcel or tract of land, in that a public hearing, advertisement, and nearby property owner notification are required. Each application shall include a site plan that includes those items listed in section 94-101.

(Ord. No. 1061, § 3, 5-2-2022)

Certain uses, due to their public/quasi-public nature and their potentially deleterious impact on adjacent properties, are not applicable by right in any zoning classification except the industrial district. Such uses may only be placed within the city as conditional uses. They are:

(1)

Utility storage yard.

(2)

Utility substation.

(3)

Water/sewage treatment plant or related ancillary facilities.

(4)

All uses of land and structures proposed for establishment in the OS district.

The planning commission shall review each individual conditional use for approval, approval with modifications, deferral or denial and then shall submit recommendation to the city council.

(a)

The planning commission shall review conditional use applications at a scheduled public hearing, at which time interested persons may appear and offer information in support of or against the proposed conditional use. The planning commission shall then make one of the following recommendations to the city council:

(1)

Approve the conditional use as submitted;

(2)

Approve the conditional use with modifications; or

(3)

Defer the conditional use or deny the conditional use.

(b)

The planning commission and the city council may impose conditions and restrictions upon the premises benefited by a conditional use permit as may be necessary to reduce or minimize the injurious effects of the conditional use. The conditional use must ensure compatibility with the surrounding property to better carry out the general intent of this regulation.

(c)

In no case shall the planning commission or the city council authorize reduction from minimum requirements relating to area, parking, landscaping or screening.

In carrying out the purpose of this article, the following development standards and design specifications shall be applicable to the conditional use review and approval. The appropriateness of these standards shall be determined at the discretion of the planning commission and the city council for each specific conditional use location:

(1)

The proposed use is so designated, located and proposed to be operated that the public health, safety and welfare will be protected.

(2)

The proposed land use is compatible with and will not adversely affect other property in the area where it is proposed to be located.

(3)

The proposed use is within the provision of conditional uses as set out in this regulation.

(4)

The proposed use conforms to all applicable provisions of this chapter for the district in which it is to be located, and the use facilitates public convenience at that location.

(5)

The size and shape of the site, including the size, shape and arrangement of proposed structures is in keeping with the intent of this chapter.

(6)

The internal street system, ingress and egress, proposed off-street parking, loading and pedestrian ways are adequate and in compliance with city policy and this chapter.

(7)

Safeguards proposed to limit noxious or offensive emissions, including lighting, noise, glare, dust and odor are addressed.

(8)

Proposed landscaping and screening meeting the requirements of chapter 70. Landscaping may be increased in accordance with the judgment of the planning commission and the city council to accomplish the desired protective and aesthetic effect.

(9)

Open space screening and fencing will be maintained by owner/developer or a property owners association. Proposed signage will be in accordance with chapter 58.

Once any portion of the conditional use authorization is utilized, all such conditions pertaining to such authorization shall become immediately operative. The violation of any condition so imposed shall constitute grounds for revocation of the conditional use authorization. Such conditions may include time limits for exercise of the conditional use authorization; otherwise, any exercise of such authorization must commence within 60 days. No conditional use authorized by the planning commission or the city council shall be subsequently submitted to the board of zoning adjustment for variances. Amendments or changes to a conditional use authorization must follow the same process as the original conditional use, no building permit shall be issued except in conformance with the provisions of this article.

Any petitioner who is aggrieved by the decision of the city council shall have the right to appeal to a court of record.

(a)

General purpose and review guidelines.

(1)

The purpose of this section is to set forth procedure for processing site plans and to establish standards for development within those districts which require regulation by this article.

(2)

Site plan review is a development review process that provides for case-by-case consideration of project particulars, including the provision of parking and landscaping, drainage, location of buildings and the compatibility of the proposed development with adjacent uses.

(3)

All development shall be designed in such a way as to minimize any potential deleterious impact on the surrounding area. Special attention shall be given to buffering multifamily, commercial and industrial developments from adjacent single-family areas. Design of the internal street system, ingress and egress, off-street parking, loading and pedestrian ways shall be sensitive to such conditions as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, and the proper relationship of different land uses. Landscaped areas shall be provided to reduce erosion, heat and glare; and such areas shall be maintained in an attractive condition. Existing trees on a development site shall be retained where possible. Screening, open space or other buffer may be required to give adequate separation between uses which are not compatible and shall also be provided for the beautification and enhancement of the property.

(4)

Conditional use permit applicants may submit an existing site plan and landscape plan if the same were submitted, reviewed, and approved for prior development or use of the property. Applicants wishing to undertake new construction or additions, or to locate in a freestanding building must submit a site plan and landscape plan for a formal staff review in accordance with the review guidelines set forth herein and in chapter 70 of the Maumelle City Code.

a.

Applicants that desire to locate in commercial developments made up of lease spaces or existing buildings that were never formally reviewed by the city are not required to provide a site plan and landscape plan for a formal staff review if they will not be undertaking new construction or additions on the exterior walls of the building or outside of the buildings footprint.

(b)

Applicable districts. The site plan review process shall apply to all applications for building permits for the specified uses in the following zoning districts:

(1)

OS district, all uses of land and structures.

(2)

R-1 and R-2, cluster housing and zero lot line development.

(3)

R-3, all multifamily dwellings.

(4)

I-1, industrial park arrangement.

(5)

C-1, C-2, C-3, and C-4, all structures.

(6)

All conditional uses in the various zoning districts.

(c)

Procedure and authority. Site plan review shall be conducted by administrative review or planning commission review as follows:

(1)

Administrative review. Residential, commercial, and industrial site plans, three acres or less in size, may be reviewed by the department of planning and zoning at the time of building plans review. All administrative reviews will be reported to the planning commission at its next regularly scheduled meeting. Site plan review shall be prior to the issuance of a building permit. The plan will be assessed for compatibility with standards and criteria provided herein. The department of planning and zoning shall review the site plan and take one of the following steps: Approved the site plan as submitted, or; deny the site plan. Any site plan approved by the department of planning and zoning shall be effective and binding upon the department as soon as a building permit has been issued and construction drawings in compliance with the site plan have been approved by the building official. Otherwise, the site plan approval will expire one year after the date of final approval. A maximum of two one-year extensions may be granted by staff. Additional extensions shall require review by the planning commission and approval by the city council. Extensions must be requested in writing prior to the expiration of the site plan.

(2)

Planning commission review. Residential, commercial and industrial site plans greater than three acres in size, all site plans proposed in an open space zone, and all site plans for conditional uses shall be reviewed by the planning commission. The planning commission shall review site plans prior to the issuance of a building permit. The plan will be assessed for compatibility with standards and criteria provided herein. Public hearing of a site plan proposal shall take place at scheduled meetings at which time interested persons may appear and offer information in support of or against the proposed site plan. A public notice shall be published at the applicant's expense at least once not less than seven days preceding the date of such hearing, in a newspaper of general circulation in Maumelle. The planning commission, following said public hearing, will then take one of the following steps: Approve the site plan as submitted; approve the site plan with modifications; defer the site plan for future review; or deny the site plan. Any site plan approved by the planning commission shall be effective and binding upon the commission as soon as a building permit has been issued and construction drawings in compliance with the site plan have been approved by the building official. Otherwise, the site plan approval will expire one year after the date of final approval. A maximum of two one-year extensions may be granted by the planning commission. Additional extensions shall require approval of the city council. Extensions must be requested in writing prior to the expiration of the site plan.

(d)

Initiation. Any application for a zoning classification or building permit which involves site plan review may be initiated by the owner or other person having a contractual interest in the property, or by the authorized agent of such owner or person.

(e)

Submission requirements.

(1)

Zoning submission. The submission requirements for the rezoning of any lot, parcel or tract of land which includes site plan review shall be the same as for any other zoning application that requires a site plan review.

(2)

Site plan submission. The submission requirements for the review of a site plan preceding the receipt of the building permit shall include the following:

a.

A site plan to be submitted on white paper no larger than 24 inches by 36 inches, and no smaller than 12 inches by 24 inches, and including:

1.

Graphic scale.

2.

Proposed lot lines if applicable.

3.

Existing and proposed vehicular and pedestrian circulation systems including streets, alleys, walkways, service areas and loading, street parking areas and all points of vehicular ingress and egress.

4.

Proposed perimeter treatment of the property, indicating screening materials to be used, including fences, walls and plant materials.

5.

Schematic landscape plan showing proposed treatment of the areas designated as private common open space.

6.

Location and dimension of all existing and proposed utility, drainage and street easements, and all existing public improvements within the site.

7.

Proposed location of structures and structural dimensions, dimension of distances between buildings, and distances from structures to property lines.

8.

Engineering drawings with pertinent location, dimensions and capacity of surface drainage in conformance with at least the minimum requirements of chapter 70.

9.

Statement of proposed use of land and structures.

b.

A topographical cross-section map of the site and the location of the 100-year flood elevation if involved on the parcel of land.

c.

Quantitative data including the following information:

1.

Parcel size.

2.

Proposed building coverage of principal and accessory buildings.

3.

Proposed floor area of principal and accessory buildings.

4.

Proposed number of parking spaces.

d.

A registered land survey showing the exact property or boundary lines, including a legal description of the total sites proposed for development, including a statement of present ownership.

(f)

Site plan disapproval. A finding by the department of planning and zoning or the planning commission of lack of compliance with the following standards may result in disapproval:

(1)

The proposed site plan is incomplete or contains or reveals violations of this chapter or applicable zoning regulations which the applicant has, after written request, failed or refused to supply or correct.

(2)

The proposed site plan does not comply with the minimum height and bulk and area or density regulations applicable to the zoning classification for which the site plan has been requested.

(3)

The proposed site plan does not comply with the minimum screening and landscaping requirements of the city as determined by the department of planning and zoning or the planning commission or the city council.

(4)

The proposed site plan interferes unnecessarily with easements, roadways, utilities and other public or private rights-of-way.

(5)

The proposed pedestrian and vehicular circulation systems incorporated in the site plan subsequently create hazards to safety on or off the site.

(6)

The proposed site plan does not conform to the minimum drainage requirements found in chapter 70.

(7)

The proposed site plan violates the basic intent of chapter 94 or does not comply with those conditions which were stipulated at the time of zoning designation.

(g)

Effect of approval.

(1)

An approved site plan shall be binding on the applicants and their successors and assignees. No building permit shall be issued for any building or structure not in conformance with the site plan. The construction, location, use, or operation of all land and structures within the site shall be in accordance with all conditions and limitations set forth in the site plan. No structure, use or other element of a department of planning and zoning, or planning commission approved site plan shall be eliminated, altered, or provided in another manner unless an amendment is approved in accordance with this section; provided, however, that the mayor may approve such minor changes in the site plan as will not cause any of the following circumstances to occur:

a.

Any change in the allowable use of the development.

b.

An increase of greater than five percent in the number of dwelling units, but not to exceed the total allowable dwelling units in the respective zoning classification.

c.

Any modification compounding the problems of vehicular circulation, safety and provision of public utilities.

d.

Any modification having an adverse impact on adjacent property.

e.

Any appreciable reduction of the approved building setback lines.

f.

Any reduction of the off-street parking and loading requirements below those specified in this chapter.

g.

Any change in the allowable size, lighting or orientation of signs.

(2)

Whenever the individual responsible for reviewing building permits finds that any proposed construction or occupancy will not comply with the planning commission approved site plan, the question shall be referred to the planning commission for review.

(h)

Amendments and modifications. The holder of an approved site plan may request modification of the site plan or the conditions of approval by submitting an amended site plan which shall be filed and processed in the same manner as the original application.

(i)

Appeals.

(1)

Any applicant aggrieved by a decision of the department of planning and zoning as it relates to the site plan review process, under the provisions of subsection (c) shall have the right to appeal to the Maumelle Board of Zoning Adjustment.

(2)

Any applicant aggrieved by a decision of the planning commission as it relates to the site plan review process, under the provisions of subsection (c), shall have the right to appeal to the Maumelle City Council.

(Ord. No. 301, § 1(D), 10-20-1997; Ord. No. 376, § 1, 9-18-2000; Ord. No. 463, § 1, 5-5-2003; Ord. No. 763, § 1, 12-20-2010; Ord. No. 886, § 1, 8-8-2015; Ord. No. 1075, § 1, 10-3-2022; Ord. No. 1115, § 1, 4-1-2024)

(a)

Purposes.

(1)

Protect and enhance the city's appearance and identity.

(2)

Provide good civic design and arrangement.

(3)

Preserve property values of surrounding property.

(b)

Zoning districts. The standards set forth in this section shall apply in the following zoning districts:

(1)

R-3 multifamily.

(2)

C-1 commercial.

(3)

C-2 commercial.

(4)

C-3 commercial.

(5)

C-4 commercial.

(6)

PCD planned commercial development.

(7)

Areas devoted to commercial and multifamily type uses in a planned residential development (PRD) district.

(c)

Commercial building design standards.

(1)

Any development that contains more than one building shall incorporate a recurring, unifying and identifiable theme for the entire development.

(2)

The predominant (65 percent of the wall area or greater) exterior building facade must be of high-quality materials such as brick, wood, native stone, tinted glass, stucco, exterior insulated finished systems (EIFS), and tinted/textured concrete masonry units. Smooth-faced concrete block, architectural metal and tilt-up panels are prohibited as the predominant facade. Prefabricated steel panels or metal siding, when used as the primary sheathing of the façade, is prohibited when visible from the public realm or residential areas unless covered with an allowable high quality material as defined in this section. Other forms of architectural metal, when used as an architectural treatment or aesthetic accent, may cover no more than 20 percent of any façade, or up to 30 percent if approved by planning commission.

(3)

All facades of a building that are visible from adjoining properties or public streets shall have design characteristics similar to the building's front facade. This shall be implemented by requiring the same treatment as discussed in subsection (c)(2) of this section.

(4)

Roofs must have: Parapets concealing flat roofs and mechanical equipment from adjoining properties and street rights-of-way, or must have two or more of the following: Overhanging eaves, sloped roofs, or three or more roof planes. If parapet roof design is utilized, all roof sides must be completely enclosed by parapets. Standing seam metal roofing with concealed fasteners is allowed.

(5)

All parking lot lighting sources shall be of the same type of illumination. Freestanding lampposts shall be no taller than 18 feet.

(6)

Mechanical equipment, including, but not limited to, heating/cooling systems, trash receptacles, and utility boxes shall be completely screened from adjoining properties and street rights-of-way. For ground-mounted equipment, the screening shall be a wall or fence, or the equipment shall be enclosed within a building. For roof-mounted equipment, the screening shall be architecturally incorporated into the roof and shall consist of materials compatible with the supporting building.

(d)

Design review. The following drawings, information and plans shall be submitted to the department of planning and zoning or the planning commission in accordance with the review guidelines set forth herein and in section 94-101 for design review and approval with site plan or development plan applications:

(1)

Rendered elevation drawings of front, rear and one side of the proposed structure at one-eighth inch to one foot (minimum) scale showing the design of the structure, and the context of the external building materials being proposed.

(2)

The site plan shall include the location and proposed screening of all ground mounted mechanical equipment.

(3)

The site plan shall include a description of the type of illumination proposed, and the height of any freestanding lamppost(s).

(e)

Effects of approval. An approved design shall be binding on the applicants and their successors and assignees. No building permit or certificate of occupancy shall be issued for any building or structure not in conformance with the approved design. No element of an approved design shall be eliminated, altered or provided in another manner unless an amendment is approved in accordance with this section, however, the planning commission may approve such minor changes in the design as will not cause any of the following circumstances to occur:

(1)

Any change to the recurring, unifying and identifiable theme from one building to the next in a single development.

(2)

Any change that reduces the percentage of the predominate facade to a percentage less than 65 percent of the wall area.

(3)

Any modification having an adverse impact on adjacent property.

(4)

Any modification that allows less than two of the required roof elements.

(5)

Any modification that lessens the requirements for screening of the mechanical equipment.

(6)

Any modification that lessens the requirements for all facades of a building, visible from adjoining properties or public streets, having similar design characteristics to the building's front facade.

(f)

Variances.

(1)

Request for variances from this section shall be in compliance with section 94-61. Such request shall be in writing and demonstrate that:

a.

Special conditions or circumstances exist that are not applicable to other lands, structures or buildings such that a literal interpretation of this section would result in an undue hardship, and that the special conditions or circumstances do not result from the actions of the applicant; or

b.

The requirements should be varied in whole or in part to encourage rehabilitation, remodeling, or expansion of an existing structure.

(2)

The board of zoning adjustment may grant a variance request, however, the variance granted shall be the minimum required to make possible the reasonable use of the land, building or structure, provided that such variance will be in harmony with the general purpose and intent of this article and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(Ord. No. 353, § 2, 11-1-1999; Ord. No. 376, § 1, 9-18-2000; Ord. No. 463, § 1, 5-5-2003; Ord. No. 632, § 1, 3-5-2007; Ord. No. 1049, § 1, 11-1-2021)

(a)

General purpose. The purpose of this section is to provide a method of control over certain types of land uses which, while not requiring the full review process of the conditional use permits, do require review procedure which allows for determination of their appropriateness within the neighborhood for which they are proposed and for public comment. The general purpose of this section is not intended to disrupt, change or otherwise modify the integrity of residential neighborhoods or residential zoning, but to allow, in certain circumstances and under specified conditions the operation of home businesses when that operator is not opposed by the other residents or persons who have an interest in the residential property.

(b)

Application procedure. The property owner or an authorized agent shall apply for an accessory use permit under the guidelines provided by the department designated by the mayor. The application for an accessory use permit will be reviewed, within 14 days from the submittal of the application, by city administration staff. The administration review staff shall consist of the city building inspector, city planner, city clerk, city attorney and mayor. Appeals from the administrative action of the staff by the applicant, by residents, or by any person shall be filed with the board of adjustment. The content of the filing shall consist of a cover letter addressed to the chairman and members of the board of adjustment setting forth the request and a copy of all pertinent graphic materials or correspondence. This filing shall occur within 30 calendar days of the action by the staff. No activity which requires an accessory use permit shall be conducted prior to issuance of the permit.

(c)

Public notice. The applicant for a home business/occupations permit shall procure signs announcing the application from the city offices and shall display such signs in the following manner:

(1)

Signs shall be posted upon the subject property for a period of seven days. This seven-day period should coincide with the 14-day administrative review period.

(2)

Signs shall be posted in a prominent manner and in full view of passing motorists and pedestrians.

(3)

Signs shall be displayed along the front and side lot frontage abutting any street. Interior lots shall display one sign; corner lots shall display two signs.

(4)

Signs posted shall be maintained by the applicant to remain visible and readable until the conclusion of the administrative review, or to the final conclusion of an appeal from the board of adjustment.

(5)

Failure to post the required signs or to maintain the signs resulting in the property not being properly posted for two days out of the required time may result in a postponement of the administrative review or withdrawal of the application until such time as full compliance with the posting procedure is achieved.

(d)

Uses requiring accessory use permits. Moderate-impact home business/occupations shall require an accessory use permit in all residential zoned districts.

(e)

Transfer of permits. Accessory use permits shall not be transferable in any manner. A permit shall not be passed from owner to owner, location to location, or use to use.

(Ord. No. 229, 4-5-1994)