Monroe City Zoning Code
ARTICLE IX
- ADMINISTRATION AND ENFORCEMENT
Sec. 37-130. - Procedures.
(a)
Common review procedures.
(1)
General. The following requirements are common to many of the following procedures, and apply to applications submitted under this ordinance. Additional details may be included in the specific procedure.
(2)
Pre-application conference.
a.
Optional. Before submitting an application for review, an applicant may schedule a pre-application conference with the planning and zoning director or his/her designee to discuss the procedures, standards and regulations required for approval. A pre-application conference is optional, except for the procedures listed below.
b.
Mandatory. Before submitting an application or site plan for the following types of review, an applicant must schedule a pre-application conference with the planning and zoning director or his/her designee to discuss the procedures, standards and regulations required for approval in accordance with this article and other applicable city codes.
1.
Annexations.
2.
Site plan review.
3.
Conditional use permit.
4.
Map amendment.
5.
Planned unit development.
6.
Text amendment.
7.
Certificates of appropriateness in historic district.
(3)
Application.
a.
Initiation.
Parties allowed to file an application are summarized below. More detailed information may be included with each specific procedure.
Appeals. Appeals may be filed by any person aggrieved, or by any official or department of the city affected by any decision of the planning and zoning director, the planning commission or the board of adjustment.
Zoning compliance. Interested parties.
Administrative adjustment. Owner or agent.
Variance. Owner or agent.
Site plan review. Initiated when development or use changes meet the thresholds of [section 37-130(e)(1)] article IX.E.1.
Major and minor conditional uses. Owner or agent, city planning commission, city council.
Zoning map amendment. Owner or agent, planning and zoning staff, city planning commission, city council.
PUD. Owner or agent, city planning commission, city council.
Text amendment. Owner or agent, planning and zoning, city planning commission, city council.
Certificate of appropriateness for historic districts. Owner or agent.
Sign permit. Owner or agent.
Fence permit. Owner or agent.
b.
Application forms. Applications containing all requested information, and any additional information must be submitted on forms and in such numbers as required by this ordinance. All applications must be complete and sufficient for processing before they will be reviewed.
c.
Fees. As per section 37-5 of this ordinance, no applications shall be reviewed, and no permit, certificate, or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full. When an application is submitted on behalf of the City of Monroe, no fees shall be required.
d.
Complete applications. An application is complete when it contains all the information necessary to decide whether or not the development as proposed will comply with all of the requirements of this ordinance. Details for each application are included in the specific procedure section of this ordinance. The presumption is that all of the information required in the application forms is necessary to satisfy the requirements of this ordinance. However, it is recognized that each application is unique, and more or less information may be required according to the needs of the particular case. The applicant may rely on the determination of the planning and zoning director or his/her designee as to whether more or less information may be submitted.
e.
Concurrent applications. Applications may be filed and reviewed concurrently, at the option of the applicant. However, any application that also requires a variance shall not be eligible for final approval until the variance has been granted. Further, applications submitted concurrently are subject to approval of all other related applications; denial or disapproval of any concurrently submitted application shall stop consideration of any related applications until the denied or disapproved application is resolved.
f.
Modification of application.
1.
Property owners may initiate a zoning application at any time by filing with the planning and zoning director or his/her designee. Applications for zoning map and text amendments may also be filed by the City of Monroe planning commission, another agent of the City of Monroe, or any interested party.
2.
An application may be modified at the applicant's request following the approval of the planning and zoning director or his/her designee before the request is advertised. Any modification after the request has been advertised shall require a new hearing.
(4)
Appeals
a.
When allowed. Appeals may be filed by any person aggrieved by any official or department of the City of Monroe to the board of adjustment. Appeals shall be made within thirty (30) days of the decision.
b.
Application.
1.
No pre-application conference is necessary.
2.
All appeals shall be filed in writing with the planning and zoning director, and shall include a written statement citing the decision that is being appealed, and any reasons why the appeal should be granted.
c.
Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed, unless the planning and zoning director certifies to the city council after the notice of appeal has been filed, that a stay would cause imminent peril of life or property. In such case proceedings shall not be stayed except by restraining order that may be granted by the 4th Judicial District Court.
■ = Required
(5)
Public notice and hearings.
a.
Public notice required. Public notice requirements are summarized in table 9.1.
b.
Notice of public hearing. All notices for public hearing (except posted notices) shall contain:
1.
The date, time and place of the hearing;
2.
The section of this ordinance under which the subject matter of the hearing will be considered;
3.
The name of the applicant;
4.
A brief description of the location of any land proposed for development and the subject matter to be considered at the hearing;
5.
A statement that the application and supporting materials are available for public inspection and copying (a Freedom of Information Act Request will need to be submitted for copies) at the office of the City of Monroe planning and zoning director;
6.
A brief description of the appeal process, which is available by right after public hearing before the planning commission or any further automatic review by the city council.
c.
Written notice of public hearing. At least ten (10) days prior to a public hearing, a good faith attempt to notify the owner of record shall be made by sending an official notice by certified U.S. mail of the time, place and subject matter of the hearing. A good faith effort shall also be made to notify the adjacent property owner(s) of the subject property by regular U.S. mail at least ten (10) days prior to the public hearing (See table 9.1).
d.
Posted notice of public hearing. Posted notice in bold type shall be posted for all zoning matters application requests other than text amendments for at least seven (7) consecutive days prior to a public hearing on signs not less than 18"×24", prepared, furnished and placed by the planning and zoning director or his/her designee on street frontage of the effected property proposed for a change in zoning classification (See table 9.1).
e.
Published notice of public hearing. Notice of the time and place of a public hearing shall be published in the official journal, if designated, or a newspaper of general circulation in the area as provided in table 9.1.
(6)
Reconsideration. No land for which an application for zoning text or map change has been acted upon in a public hearing by the planning commission shall be considered again by the planning commission for the same classification for at least six (6) months from the date such application was acted upon.
(b)
Zoning compliance verification.
(1)
When required.
a.
A zoning compliance verification is required for the following:
1.
Starting a new business, changing location of an existing business, changing ownership of a business or changing the name of a business.
2.
Electricity in a commercial structure.
3.
New construction for residential, commercial, industrial or public/quasi-public structures.
4.
Additions onto residential, commercial, industrial or public/quasi-public structures.
5.
Placing accessory structures for residential use.
6.
Enclosures on residential, commercial, industrial or public/quasi-public structures.
7.
Erecting a monument or pole sign and billboards.
8.
Swimming pools.
b.
It shall be unlawful to begin moving, constructing, altering or repairing (except ordinary maintenance or repairs) any building or other structure on a site, including an accessory structure, until a zoning compliance verification has been issued.
c.
No certificate of occupancy may be issued without properly issued zoning compliance verification, when applicable. The zoning compliance verification form is in lieu of the application for a certificate of occupancy that was previously required to submit. This is the first step in obtaining a certificate of occupancy.
(2)
Application.
a.
A pre-application conference is optional.
b.
All zoning compliance verifications shall be filed in writing with the planning and zoning director or his/her designee (See subsection 37-130(a) common review procedures).
c.
Verifications shall be made prior to, or concurrent with the application for a building permit.
(3)
Decision by planning and zoning director.
a.
The planning and zoning director may refer the verification to other affected or interested agencies for review and comment.
b.
In deciding the zoning compliance verification request, the planning and zoning director or his/her designee shall consider relevant comments of all interested parties and the review criteria in subsection 37-130(b)(4).
c.
The planning and zoning director or his/her designee may attach any condition to the request necessary to protect the health, safety and welfare of the City of Monroe and minimize adverse impacts on adjacent properties.
(4)
Review criteria. The planning and zoning director or his/her designee shall consider the following criteria in the zoning compliance verification:
a.
The proposed development is consistent with the pertinent elements of the City of Monroe Comprehensive Plan and any other adopted plans including, but not limited to, neighborhood plans, corridor plans or storm water management plans.
b.
The proposed development meets the requirements of this ordinance.
c.
The proposed development will reinforce the existing or planned character of the neighborhood and the City of Monroe.
(5)
Appeal. A final decision by the planning and zoning director or his/her designee on a zoning compliance verification may be appealed to the board of adjustment within thirty (30) days of the planning and zoning director or his/her designee's decision (see subsection 37-130(a)(4), appeals) as per LA.R.S. 33:4727 et seq.
(6)
Expiration. A zoning compliance verification expires after six (6) months if a building permit application has not been filed.
(c)
Administrative adjustment.
(1)
When allowed. The administrative adjustment procedure allows the planning and zoning director or his/her designee to approve modest variations from the standards of this ordinance. Administrative adjustment is allowed for the following:
a.
A reduction of any required setback or yard by up to fifteen per cent (15%).
b.
An increase in the maximum building height of any building by five feet (5') or five per cent (5%), whichever is less.
c.
An increase in lot coverage by no more than five per cent (5%).
d.
Any other administrative adjustment authorized by a specific section of this ordinance.
(2)
Reserved.
(3)
Reserved.
(4)
Review criteria.
a.
The planning and zoning director or his/her designee shall consider the following criteria in approving or denying a administrative adjustment:
1.
The proposed development is consistent with the pertinent elements of the City of Monroe Comprehensive Plan and any other adopted plans.
2.
The proposed development meets the requirements of this ordinance.
3.
The proposed development will reinforce the existing or planned character of the neighborhood and the city.
(5)
Appeal. A final decision by the planning and zoning director or his/her designee on an administrative adjustment may be appealed to the board of adjustment within thirty (30) days of the planning and zoning director or his/her designee's decision (see subsection 37-130(a)(4) appeals) as per LA.R.S. 33:4727 et seq.
(6)
Expiration. An administrative adjustment shall not expire.
(d)
Variance.
(1)
When allowed. The board of adjustment shall have the authority to grant variances from the terms of this ordinance, subject to terms and conditions fixed by the board, where literal enforcement of the provisions of this ordinance will result in practical difficulties or unnecessary hardship, if in granting such variance the general intent and purpose of this zoning ordinance will be preserved.
(2)
Application.
a.
No pre-application conference is necessary.
b.
All applications for variance shall be filed in writing with the planning and zoning director or his/her designee (see subsection 37-130(a) common review procedures).
(3)
Review by planning and zoning director. The planning and zoning director or his/her designee may refer the application to other affected or interested agencies for review and comment.
(4)
Public hearing and decision by board of adjustment.
a.
Following notice and a public hearing as required by subsection 37-130(a) of this ordinance, the board of adjustment shall allow, allow with conditions, or deny the proposed variance request, the board of adjustment shall consider relevant comments of all interested parties and the review criteria in subsection 37-130(d)(5).
b.
The board may attach any condition to the permit necessary to protect the health, safety and welfare of the community and minimize adverse impacts on adjacent properties.
(5)
Review criteria. The board may grant a variance only if it makes findings that the following conditions, insofar as applicable, have been satisfied:
a.
Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district.
b.
Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.
c.
The special conditions and circumstances do not result from the actions of the applicant or any other person who may have or had interest in the property.
d.
Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district or similarly situated.
e.
The variance, if granted, will not alter the essential character of the locality.
f.
Strict adherence to the regulation for the property would result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience.
g.
The purpose of the variance is not based exclusively upon a desire to serve the convenience or profit of the property owner or other interested party(s).
h.
The proposed variance will not impair an adequate supply of light and air to adjacent property, or increase substantially the congestion in the public street, or increase the danger of fire, or endanger the public safety.
(6)
Appeal. A final decision by the board of adjustment on a variance may be appealed to the 4th Judicial District Court within thirty (30) days of the decision (See section 37-130(a)(4) appeals).
(7)
Expiration. A variance approved by the board of adjustment shall expire six (6) months from the date of approval if the applicant fails to obtain a zoning compliance verification form and any appropriate building permits. Applicants may file for one six-month extension of the variance approval, in writing, with the planning and zoning director or his/her designee subject to administrative approval.
(e)
Site plan review.
(1)
When required. Site plan review by the planning and zoning director or his/her designee and the city engineer or his/her designee is required for:
a.
Construction of three (3) or more residential units on a platted lot of record.
b.
Construction or expansion of five thousand (5,000) or more square feet of multi-family or mixed-use building type.
c.
Commercial, industrial or institutional development.
d.
Creation of more than one thousand (1,000) square feet of impervious surface (paving).
e.
Construction of accessory structures in non-residential districts.
f.
New parking lots providing twenty-five (25) or more spaces.
g.
The construction, alteration or addition of any vehicle parking lot or structure. This includes all paving of previously unpaved surfaces, replacement of pavement, construction of curbing and installation of new landscaping and bicycle parking facilities (does not include maintenance). See section 37-80(a)(2), site plan review—requirements.
(2)
No site plan review required. No site plan review is required for the following:
a.
Construction or expansion of less than five thousand (5,000) square feet of multi-family or mixed-use building type.
b.
Creation of less than one thousand (1,000) square feet of impervious surface (paving).
c.
Construction of accessory structures in residential districts.
(3)
Application.
a.
A pre-application conference is mandatory for site plan review.
b.
All applications for site plan review shall be filed in writing with the planning and zoning director or his/her designee (See subsection 37-130(a), common review procedures).
(4)
Review by planning and zoning director. The planning and zoning director or his/her designee may refer the site plan to other affected or interested agencies for review and comment.
(5)
Site plan decision by planning and zoning director.
a.
In deciding to approve, approve with conditions, or deny the proposed site plan, the planning and zoning director or his/her designee shall consider relevant comments of all interested parties and the review criteria outlined in subsection 37-130(e)(6) and render a decision within sixty (60) days of the filing of a complete application for review, except where such time period is extended by the applicant.
b.
The planning and zoning director or his/her designee may attach conditions required to make the development site comply with this and other city ordinances, or as necessary to protect the health, safety and welfare of the City of Monroe and to minimize adverse impacts to adjacent properties.
(6)
Review criteria. The planning and zoning director or his/her designee shall consider the following criteria in approving or denying a site plan:
a.
The proposed development is consistent with the pertinent elements of the City of Monroe Comprehensive Plan and any other adopted plans;
b.
The proposed development meets the requirements of this ordinance;
c.
The proposed development will reinforce the existing or planned character of the neighborhood and the city.
d.
The site plan demonstrates:
1.
Compliance with any prior approvals;
2.
Site design and development intensity appropriate for and tailored to the unique natural characteristics of the site;
3.
Adequate, safe and convenient arrangement of access, pedestrian circulation, bicycle facilities, roadways, driveways, transit access (as appropriate), and off-street parking, stacking and loading spaces;
4.
Connectivity to surrounding neighborhoods and the city as a whole, while minimizing cut-through traffic and speeds are reduced through the use of traffic calming methods in appropriate locations;
5.
Adequate design of grades, paving, gutters, drainage and treatment of turf to handle storm water relative to the 100-year floodplain; and
6.
Adequate access for disabled residents through the provision of special parking spaces, accessible routes between parking areas and buildings, passenger loading zones and access to other facilities.
e.
Any adverse impacts on adjacent properties have been minimized or mitigated.
(7)
Building permit. No building permit shall be issued for development requiring site plan until the site plan has been approved.
(8)
Dedication and improvements.
a.
For development of property requiring a site plan under this ordinance, the applicant must dedicate any additional right-of-way necessary to the width required by the City of Monroe for streets adjoining the property, install curbs and gutters and pave all streets adjoining the property, and install sidewalks and street trees based on the standards set forth by the Monroe city council in this and all other city codes and ordinances.
b.
The applicant shall bear the costs of installation of any on-site or off-site improvements required by this ordinance, including provisions for storm water management, paving and utilities.
(9)
Modification of approved site plan. The planning and zoning director or his/her designee is authorized to approve minor modifications to an approved site plan. The following modifications shall be considered minor:
a.
Up to ten per cent (10%) increase or any decrease in gross floor area of a single building;
b.
Up to a ten per cent (10%) reduction or any increase in the approved setbacks from exterior property lines;
c.
Relocation of parking areas, internal streets or structures where such relocation occurs more than one hundred feet (100') from exterior property lines.
(10)
Appeals and public hearings and decisions by planning and zoning director. A final decision by the planning and zoning director or his/her designee on a site plan review may be appealed to the board of adjustment within thirty (30) days of the planning and zoning director or his/her designee's decision (See section 37-130(a)(4), appeals) as per R.S. 33:4727 et seq.
(11)
Expiration. A site plan expires after six (6) months where a building permit application has not been filed for all or part of said development. Applicants may file for one six (6) month extension of the site plan approval in writing with the planning and zoning director or his/her designee subject to administrative approval.
(f)
Major and minor conditional use permits.
(1)
When required. A major or minor conditional use permit is required for any use or building type that requires particular considerations as to its proper location to adjacent, established or intended uses in a district, or to the planned growth of the community. More detailed information may be included with each specific section of this ordinance that establishes the uses requiring either a major or minor conditional use permit and conditions controlling the location and operation of such special uses. Any change to a major or minor conditional use involving major structural alterations, enlargements, intensifications of use, or similar change must be approved in the same manner as the original conditional use.
(2)
Application.
a.
A pre-application conference with the planning and zoning director or his/her designee is necessary.
b.
All applications for a major or minor conditional use permit shall be filed in writing with the planning and zoning director or his/her designee (see subsection 37-130(a), common review procedures). The application shall include material necessary to demonstrate that the grant of a conditional use will be in harmony with the general intent and purpose of this ordinance, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material required may include but is not limited to the following, when applicable:
1.
Site and development plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off-street parking and off-street loading access, refuse and service areas, and required yards and open spaces.
2.
Plans showing proposed locations for utilities and easements.
3.
Plans for screening, buffering and landscaping.
4.
Proposed signs and lighting, including type, dimensions and character.
(3)
Review by planning and zoning director. The planning and zoning director or his/her designee may refer the application to other affected or interested agencies for review and comment.
(4)
Minor conditional use decision by planning commission.
a.
Following notice and a public hearing as required by subsection 37-130(a) of this ordinance, the planning commission shall approve, approve with conditions, or deny the proposed conditional use permit within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.
b.
In making this decision, the planning commission shall consider the recommendation of the planning and zoning director or his/her designee, relevant comments of all interested parties and the review criteria in subsection 37-130(f)(6).
c.
The commission may attach any condition to the permit necessary to protect the health, safety and welfare of the community and minimize adverse impacts on adjacent properties. These conditions may include, but are not limited to the following:
1.
Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion or traffic;
2.
Increase the required lot size or yard dimension;
3.
Limit the height, size or location of buildings, structures and facilities;
4.
Control the location and number of vehicle access points;
5.
Increase the number of required off-street parking spaces;
6.
Limit the number, size, location or lighting of signs;
7.
Require additional fencing, screening, landscaping or other facilities to protect adjacent or nearby property;
8.
Designate sites for open space;
9.
Provide ease of access to major roadways; or
10.
Assure that the degree of compatibility to the surrounding land use shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which the use is proposed to be located.
d.
Appeal. A final decision by the planning commission on a minor conditional use permit may be appealed to the city council within thirty (30) days of the planning commission's decision (See subsection 37-130(a)(4) appeals).
(5)
Major conditional use decision by the planning commission and city council.
a.
For major conditional use permit applications, following notice and a public hearing as required by subsection 37-130(a) of this ordinance, the planning commission shall follow the procedure and review criteria outlined in subsection 37-130(f)(4) of this ordinance to make a recommendation of approval, approval with conditions, or denial of the proposed major conditional use permit to the city council within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.
b.
Following notice by the council clerk and a public hearing, the council shall accept, accept with conditions, or deny the planning commission's recommendation on the major conditional use permit within thirty (30) days of the planning commission's final action.
c.
In making this recommendation, the council shall consider the recommendations of the planning and zoning director or his/her designee and the planning commission, relevant comments of all interested parties and the review criteria in subsection 37-130(f)(6).
d.
The city council may attach any condition to the permit necessary to protect the health, safety and welfare of the community and minimize adverse impacts on adjacent properties. Such conditions may include, but are not limited to, additional screening or buffering, limitations in scale or limitations to hours of operation.
e.
Failure to act shall result in acceptance of the recommendation of the planning commission.
(6)
Review criteria. The planning commission and the city council shall consider the following criteria in approving or denying a major or minor conditional use permit:
a.
The proposed major or minor conditional use permit is consistent with the pertinent elements of the City of Monroe Comprehensive Plan and any other adopted plans.
b.
The proposed development meets the requirements of this ordinance.
c.
The proposed development will reinforce the existing or planned character of the neighborhood and the city.
d.
The major or minor conditional use permit complies with any specific use standards or limitations in article VI (supplementary use standards) of this ordinance.
e.
Any adverse impacts on adjacent properties attributable to the major or minor conditional use have been minimized or mitigated.
(7)
Effect of denial. The final denial of a major or minor conditional use permit application shall ban the subsequent application for the same or similar use at the same location for a period of twelve (12) months.
(8)
Appeal. A final decision by the city council on a major conditional use permit may be appealed to the 4th Judicial District Court within thirty (30) days of the city council's decision (see subsection 37-130(a)(4) appeals).
(9)
Expiration.
a.
Existing construction. In an existing structure, the conditional use permit shall expire after six (6) months if the use is abandoned or discontinued.
b.
New construction.
1.
A conditional use permit shall expire after six (6) months if a building permit application has not been filed.
2.
Where a conditional use has been granted but no commencement of construction other than clearing and grubbing has been executed within six (6) months from date of such conditional use permit, the property shall revert to its original state prior to such conditional use.
3.
Applicants may file for one six-month extension of the conditional use approval, in writing, with the planning and zoning director or his/her designee subject to administrative approval.
c.
Buildings that are actively available for lease and occupancy, or are being remodeled pursuant to permit shall not have its use considered abandoned or discontinued for twelve (12) months.
(10)
Revocation of conditional use permit. If any conditions of a conditional use permit or other requirements of this ordinance are violated, the City of Monroe may revoke the conditional use permit.
(g)
Zoning map amendment.
(1)
When allowed. The boundaries of zoning districts as shown on any zoning map may, from time to time, be amended or modified by the city council.
(2)
Application.
a.
A pre-application conference with the planning and zoning director or his/her designee is required.
b.
All applications for a map amendment shall be filed in writing with the planning and zoning director or his/her designee (see subsection 37-130(a) common review procedures).
(3)
Review by planning and zoning director. The planning and zoning director or his/her designee may refer the application to other affected or interested agencies for review and comment.
(4)
Public hearing and decision by planning commission.
a.
Following notice and a public hearing as required by subsection 37-130(a) of this ordinance, the planning commission shall recommend to the city council to approve, approve with conditions, or deny the proposed map amendment within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.
b.
In making this recommendation to the city council, the planning commission shall consider the recommendations of the planning and zoning director or his/her designee, relevant comments of all interested parties and the review criteria in subsection 37-130(g)(6).
(5)
Public hearing and decision by the city council.
a.
Following notice by the council clerk and a public hearing, the city council shall accept, accept with conditions, or deny the planning commission's recommendation on the map amendment within thirty (30) days of the planning commission's final action.
b.
In making this recommendation, the city council shall consider the recommendations of the planning and zoning director or his/her designee and the planning commission, relevant comments of all interested parties and the review criteria in subsection 37-130(g)(6).
c.
Failure to act shall result in acceptance of the recommendation of the planning commission.
(6)
Review criteria. The planning commission and the city council shall consider the following criteria in approving or denying a map amendment:
a.
The proposed map amendment is consistent with the pertinent elements of the City of Monroe Comprehensive Plan and any other adopted plans.
b.
The proposed map amendment is consistent with the adjacent zoning classifications and uses.
c.
The proposed map amendment will reinforce the existing or planned character of the neighborhood and the city.
d.
The site is appropriate for the development allowed in the proposed district.
e.
There are substantial reasons why the property cannot be used according to existing zoning.
f.
Public facilities and services including schools, roads, recreation facilities, wastewater treatment, water supply, storm water management, police and fire are adequate for the development allowed in the proposed district.
g.
The map amendment will not substantially or permanently injure the appropriate use of adjacent conforming properties.
(7)
Effect of denial. The denial of a map amendment application shall ban the subsequent application for the same or similar use at the same location for a period of twelve (12) months.
(8)
Appeal. A final decision by the city council on a map amendment may be appealed to the 4th Judicial District Court within thirty (30) days of the city council's decision (see subsection 37-130(a)(4) appeals).
(9)
Expiration. A map amendment shall not expire.
(h)
Planned unit development (PUD).
(1)
Components of a planned unit development.
a.
Approval of a development plan by the planning commission and the city council; and
b.
Approval of subsequent subdivision plats and site plans consistent with the development plan.
(2)
Intent of planned unit development. A planned unit development (PUD) is intended to encourage innovations in development techniques so that the growing demands of the community may be met with greater flexibility and variety in type, use, design and layout of sites and buildings, and by the conservation and more efficient use of open spaces and other amenities generally enhancing quality of life. PUDs are not intended to circumvent traditional zoning requirements, but rather enhance existing zoning to promote a harmonious variety of uses, and/or provide an economy of shared services and facilities to foster the creation of attractive, healthful, efficient and stable environments for living, shopping or working. The regulations contained within PUDs are intended to have enough flexibility to produce each of the following:
a.
Maximum housing choice in the types of living environments.
b.
Open space and recreational areas directly related to the intended users, and if permitted as part of the project, more convenience in the location of accessory commercial uses and services;
c.
A development pattern which preserves and utilizes natural topography, scenic vistas, trees and other vegetation, and prevents erosion and the disruption of natural drainage patterns;
d.
A stable development in character with the land use density, transportation facilities, and community facilities objectives of the City of Monroe Comprehensive Plan;
e.
A higher quality site design than would be possible through the strict application of other available zoning districts.
(3)
Eligibility. The PUD district is designed to allow an applicant to submit a proposal for consideration, for any uses or mixture of uses that are consistent with the City of Monroe Comprehensive Plan, and to allow the city to approve any proposal that it determines to be in the best interest of the public health, safety and welfare, along with any conditions or requirements or limitations thereon that the city deems advisable. The approval of a PUD request rests with the planning commission and the city council. However, no PUD request shall be eligible for approval unless the following minimum conditions are met:
a.
The minimum area required for an application to develop a PUD is three (3) acres for purely residential developments and five (5) acres for mixed-use, commercial and industrial developments.
b.
The tract of land for which the PUD is made shall be contiguous with sufficient width and depth to accommodate the proposed use.
c.
All land included for the purpose of development within a PUD shall be owned by or be under the complete control of the applicant for such zoning designation. The applicant shall provide the city all of the necessary documents and information that may be required, as determined by the planning and zoning director or his/her designee, to assure that the development project may be lawfully completed according to the plans sought to be approved. No application shall be considered until the applicant fully complies with the requirements of this section.
(4)
Application.
a.
A pre-application conference with the planning and zoning director or his/her designee is required.
b.
All applications for a PUD shall be filed in writing with the planning and zoning director or his/her designee (see subsection 37-130(a) common review procedures).
c.
The application shall include the following additional materials:
1.
A narrative explaining and tabulating the land uses by net acre, number of dwelling units by housing type, residential density, open space acreage, square footage of non-residential uses per net acre, and the relationship of the proposed development to existing development in the area and other related development features.
2.
A development plan schematically showing major streets, major utilities, land uses, access to existing streets, major open space and a conceptual drainage plan in relationship to the 100-year floodplain and known drainage basins and facilities, as appropriate.
(5)
Review by planning and zoning director. The planning and zoning director or his/her designee may refer the application to other affected or interested agencies for review and comment.
(6)
Public hearing and decision by planning commission.
a.
Following notice and a public hearing as required by subsection 37-130(a) of this ordinance, the planning commission shall recommend to approve, approve with conditions, or deny the PUD and development plan within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.
b.
In making this recommendation, the planning commission shall consider the recommendations of the planning and zoning director or his/her designee, relevant comments of all interested parties and the review criteria in subsection 37-130(h)(8).
(7)
Public hearing and decision by the city council.
a.
Following notice by the council clerk and a public hearing the city council shall accept, accept with conditions, or deny the planning commission's recommendation on the PUD and development plan within sixty (60) days of the planning commission's final action.
b.
In making this recommendation, the city council shall consider the recommendations of the planning and zoning director or his/her designee and the planning commission, relevant comments of all interested parties and the review criteria in subsection 37-130(h)(8).
c.
Failure to act shall result in acceptance of the recommendation of the planning commission.
(8)
Review criteria. The planning commission and the city council shall consider the following criteria in approving or denying the PUD:
a.
The proposed development is consistent with the pertinent elements of the City of Monroe Comprehensive Plan and any other adopted plans.
b.
The proposed development is consistent with the standards and uses of the underlying and adjacent zoning districts.
c.
The proposed PUD will reinforce or enhance the existing or planned character of the neighborhood and the city.
d.
The site is appropriate for the development proposed in the development plan.
e.
The proposed development demonstrates a higher quality of site design than is possible under other available zoning districts, and is not used solely to avoid the requirements of the base zoning district.
f.
Public facilities and services including schools, roads, recreation facilities, wastewater treatment, water supply, storm water management, police and fire are adequate for the development allowed in the proposed concept plan.
g.
The proposed development will not substantially or permanently injure the appropriate use of adjacent conforming properties.
(9)
Revisions to PUD development plan. The applicant shall have ninety (90) days from the date of the city council decision when final action is taken to submit a revised PUD development plan to include any conditions of approval for the PUD development plan. Any such changes shall be reviewed for acceptance by the planning and zoning director or his/her designee within ten (10) days of the receipt and shall bear the signature of the planning and zoning director or his/her designee before the PUD development plan can be accepted as the approved plan. Upon written request from the applicant, one ninety (90) day extension may be granted to the applicant by the planning and zoning director or his/her designee for submittal of the revised PUD development plan. Failure by the applicant to submit a revised development plan within the time frame specified in this section shall deem the plan null and void.
(10)
Modification of a concept plan. The planning and zoning director or his/her designee is authorized to approve minor modifications to an approved concept plan. The city council shall consider all modifications not listed as minor below, consistent with the original approval of the planned unit development. The following modifications shall be considered minor:
a.
Up to ten per cent (10%) increase or any decrease in gross floor area of a single building;
b.
Up to a ten per cent (10%) reduction or any increase in the approved setbacks from exterior property lines;
c.
Relocation of parking areas, internal streets or structures where such relocation occurs more than one hundred feet (100') from exterior property lines.
(11)
Effect of denial. The denial of a PUD shall ban the subsequent application for the same or similar use at the same location for a period of twelve (12) months.
(12)
Appeal. A final decision by the city council on a PUD may be appealed to the 4th Judicial District Court within thirty (30) days of the city council's decision (see subsection 37-130(a)(4) appeals)
(13)
Expiration.
a.
A PUD expires after eighteen (18) months if no building permit has been filed.
b.
If the property owner chooses not to construct the PUD, but rather to revert back to the requirements of the base zoning district less than eighteen (18) months after the PUD and development plan have been approved, the property owner shall be able to eliminate the PUD with a revocation of the original city council ordinance.
(i)
Zoning text amendment.
(1)
When allowed. The regulations of this ordinance may, from time to time, be amended supplemented, changed, modified or repealed, as determined by the city council.
(2)
Application.
a.
A pre-application conference with the planning and zoning director is optional.
b.
All applications for a text amendment shall be filed in writing with the planning and zoning director (see subsection 37-130(a) common review procedures).
(3)
Review by planning and zoning director. The planning and zoning director or his/her designee may refer the application to other affected or interested agencies for review and comment.
(4)
Public hearing and decision by planning commission.
a.
Following notice and a public hearing as required by subsection 37-130(a) of this ordinance, the planning commission shall recommend to approve or deny the proposed text amendment within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.
b.
In making this recommendation, the planning commission shall consider the recommendations of the planning and zoning director or his/her designee, relevant comments of all interested parties and the review criteria in subsection 37-130(i)(6).
(5)
Public hearing and decision by the city council.
a.
Following notice by the council clerk and a public hearing, the city council shall accept or deny the planning commission's recommendation on the text amendment within thirty (30) days of the planning commission's final action.
b.
In making this recommendation, the city council shall consider the recommendations of the planning and zoning director or his/her designee and the planning commission, relevant comments of all interested parties and the review criteria in subsection 37-130(i)(6).
c.
Failure to act shall result in acceptance of the recommendation of the planning commission.
(6)
Review criteria. The planning commission and the city council shall consider the following criteria in approving or denying a text amendment:
a.
The proposed text amendment is consistent with the pertinent elements of the comprehensive plan and any other adopted plans;
b.
The proposed text amendment is consistent with the remainder of this ordinance;
c.
The extent to which the text amendment represents a new idea not considered in the existing code, or represents revisions necessitated by changing conditions over time, or whether or not the text amendment corrects an error in this ordinance; and
d.
Whether or not the text amendment revises this ordinance to comply with state or federal statutes or case law.
(7)
Appeal. A final decision by the city council on a text amendment may be appealed to the 4th Judicial District Court within thirty (30) days of the city council's decision (see subsection 37-130(a)(4) appeals).
(8)
Expiration. A zoning text amendment shall not expire.
(j)
Certificates of appropriateness for historic district.
(1)
When required. A certificate of appropriateness is required before the commencement of any exterior changes in the historic district that involves the following:
a.
Erection of any new building or other construction in a historic district;
b.
Alteration or addition to any existing structure in a historic district, including, but not limited to fences, boundary walls, light fixtures, steps paving or other appurtenant fixtures;
c.
Exterior repairs of any existing building situated within a historic district;
d.
Relocation of any building into a historic district;
e.
Movement, excavation or destruction of any earthworks of historical or archaeological importance;
f.
Construction or refurbishment of any signage;
g.
"Demolition by neglect" as regulated in subsections 24.5-46—24.5-58 of the City of Monroe Code of Ordinances.
(2)
When not required. A certificate of appropriateness is not required in the following instances:
a.
Ordinary maintenance or repairs to structures which do not involve a change of design, color, material, or the outward appearance of the structure;
b.
Where a permit was issued prior to the establishment of the historic district within which the permitted structure or site is located;
c.
When the city council has issued a ruling of economic hardship or has otherwise overruled the heritage preservation commission on appeal;
d.
If ordered by final decision of a court of competent jurisdiction;
e.
Other actions clearly exempted in rules adopted by the heritage preservation commission.
(3)
Application.
a.
A pre-application hearing with the planning and zoning director or his/her designee is necessary.
b.
All applications for certificates of appropriateness shall be filed in writing with the planning and zoning director or his/her designee (see subsection 37-130(a), common review procedures), in a form prescribed by the heritage preservation commission. Said application may contain the following depending on the applicant's request:
1.
Site and development plans at an appropriate scale showing proposed placement of structures on the property and required yards and open spaces;
2.
The proposed appearance, color, texture, or materials and to the architectural design of the exterior, including the front, sides, rear and roof elevations of such buildings; and
3.
Alterations and/or additions of any building, out-building, accessory structure, party wall, courtyard, sidewalk, driveway, parking area, fence, sign or other dependency thereof.
(4)
Public hearing and decision by heritage preservation commission.
a.
Following notice and a public hearing as required by subsection 37-130(a) of this ordinance, the heritage preservation commission shall recommend to approve, approve with conditions, or deny the proposed certificate of appropriateness within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.
b.
In making this recommendation, the heritage preservation commission shall consider the recommendation of the planning and zoning director or his/her designee, the appropriate Monroe Design Review Guidelines, relevant comments of all interested parties and the review criteria specific to each historic district and available from the heritage preservation commission staff.
c.
The commission may attach any condition to the certificate necessary to protect the character of the historic district and minimize adverse impacts on adjacent properties.
(5)
Building permits. No building permit which affects exterior changes to a structure in an historic district shall be issued prior to the issuance of a certificate of appropriateness by the heritage preservation commission. Even if a building permit is not otherwise required by the city ordinances for construction, alteration, demolition, or relocation of any resource, a certificate of appropriateness from the heritage preservation commission is required.
(6)
Appeal. Any person or persons aggrieved by any decision, act or proceedings of the heritage preservation commission shall have the right to apply in writing to the city council within thirty (30) days for reversal or modification thereof; and the mayor, or presiding officer of the city council, shall have the right to stay all further action until the city council shall have an opportunity to rule thereon.
(7)
Expiration. The certificate of appropriateness (COA) approved by the commission shall expire six (6) months from the date of approval if the applicant fails to obtain a zoning compliance verification and the appropriate building permits. This deadline may be extended upon a request to the commission before the six (6) months is up.
(k)
Reserved.
(l)
Fence permit.
(1)
When required. A fence permit is required whenever a fence is erected or extended, in accordance with article VII of this ordinance.
(2)
When not required. A fence permit is not required for ordinary maintenance or repairs to fences that do not involve a change of length, height, material, or appearance of the fence.
(3)
Application.
a.
A pre-application conference is optional.
b.
All applications for fence permits shall be filed in writing with the planning and zoning director or his/her designee (see subsection 37-130(a) common review procedures).
(4)
Decision by zoning administrator.
a.
The zoning administrator or his/her designee may refer the application to other affected or interested agencies for review and comment.
b.
In deciding to approve, approve with conditions, or deny the proposed fence permit, the zoning administrator or his/her designee shall consider relevant comments of all interested parties and the review criteria in subsection 37-130(c)(4).
c.
The zoning administrator or his/her designee may attach any condition to the permit necessary to protect the health, safety and welfare of the City of Monroe and minimize adverse impacts on adjacent properties.
(5)
Review criteria. In addition to considerations outlined in subsection 37-76(f)(5) of this ordinance, the zoning administrator or his/her designee shall consider the following criteria in approving or denying a fence permit:
a.
The proposed fence is consistent with the pertinent elements of the City of Monroe Comprehensive Plan and any other adopted plans.
b.
The proposed fence meets the requirements of this ordinance.
c.
The proposed fence will enhance the existing or planned character of the area and the city.
(6)
Appeal. A final decision by the planning and zoning director or his/her designee or the zoning administrator or his/her designee on a fence permit may be appealed to the board of adjustment within thirty (30) days of the decision (See subsection 37-130(a)(4) appeals).
(7)
Expiration. A fence permit shall not expire.
(Ord. No. 11,443, 11-12-13; Ord. No. 11,588, 7-28-15; Ord. No. 11,727, 9-27-16; Ord. No. 11,798, 9-12-17; Ord. No. 11,884, 10-23-18)
Sec. 37-131. - Violations.
(a)
Administration of enforcement. The provisions of these land use regulations shall be administered by the mayor, or his/her designee, as designated herein, who shall have the power to make inspections of buildings or premises necessary to carry out their administrative duties in the enforcement of these regulations. The mayor, or his/her designee may call upon the police to furnish the necessary personnel to carry out enforcement if necessary.
(b)
Violations and enforcement proceedings. In case any structure is erected or structurally altered or maintained, or any structure or land is used or altered or is not maintained, in violation of these regulations, the planning and urban development director or his/her designee may institute any appropriate action or proceedings to prevent such unlawful construction or alteration or use or other violations, to restrain, to correct or to prevent any illegal act, conduct any business or maintain any use in or about such premises. Furthermore, any resident of the community who believes that a violation of any of the provisions of these regulations is occurring may file a written complaint with the mayor. Such complaint shall fully set forth the acts or omissions constituting the alleged violation and the site or sites at which such violation or violations are alleged to be occurring. The planning and zoning director or his/her designee shall record properly such complaint, promptly investigate the allegations underlying said complaint, and take action on such complaint and take action on such complaints as provided by these regulations.
(c)
Responsibility for violations. Whenever the planning and zoning director or his/her designee, on the basis of a written complaint, has reason to believe that a violation of these regulations may exist, he or she may require any person owning the structure or land or operating a use thereon to provide, within thirty (30) days of notification or the next available City of Monroe Environmental Court date, information as may be necessary, in his judgment, to determine the existence or extent of any violation.
(d)
Penalty. Any person violating any provision of these regulations shall be guilty of a misdemeanor and deemed a public nuisance and upon conviction shall be punished for each separate offense by a fine of ten dollars ($10.00) to twenty-five dollars ($25.00) but not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days. Each day any violation of any provision of these regulations shall continue shall constitute a separate offense.
(Ord. No. 11,443, 11-12-13; Ord. No. 11,883, 10-23-18)