(C)   The Building and Zoning Administrator shall maintain for distribution to the public a supply of copies of the zoning map, the compiled text of the zoning ordinance, and the rules of the Planning and Zoning Board. A fee may be charged to defray the costs of producing or reproducing these copies.

   (D)   The Building and Zoning Administrator shall prepare and have available in book, pamphlet, or map form, on or before March 31 of each year:

      (1)   The compiled text of the zoning ordinance, including all amendments thereto through the preceding December 31; and

      (2)   The official zoning map as regulated by § 153.016.

(Am. Ord. 2014-36, passed 9-8-2014)

   (A)   Creation of the Planning and Zoning Board.

      (1)   There is hereby created the Planning and Zoning Board consisting of 7 members appointed by the Mayor, by and with the consent of the City Council. Upon the adoption of this chapter, the 7 members shall be appointed to serve respectively for the following terms: 1 for 1 year, 1 for 2 years, 1 for 3 years, 1 for 4 years, 1 for 5 years, 1 for 6 years, and 1 for 7 years, the successor to each member so appointed to serve for a term of 5 years.

      (2)   The amount of compensation to be paid to members, if any, shall be fixed by the City Council. Subject to the approval of the City Council, the Mayor may remove any member for cause and after public hearing. Vacancies shall be filled for the unexpired term of the member whose place has become vacant.

      (3)   All meetings of the Planning and Zoning Board shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his or her absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. No hearing shall be conducted without a quorum of the Board being present, which shall consist of a majority of all the members. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the Board shall immediately be filed in the office of the Board and shall be a public record.

   (B)   Duties of the Planning and Zoning Board.

      (1)   The Planning and Zoning Board shall hear appeals from and review any order, requirement, decision, or determination made by the Building and Zoning Administrator. In hearing the appeals, the Board is authorized to recommend to the City Council interpretations of the meaning of these regulations in case of ambiguities and to recommend rulings with respect to the application of these regulations.

      (2)   The Planning and Zoning Board is authorized to hear petitions for variances from the strict terms of the zoning regulations where a genuine and unique hardship would result if the zoning regulations were to be strictly applied. The Planning and Zoning Board may recommend that the variance be granted only in those instances in which the variance would be in harmony with the general purpose and intent of these zoning regulations and in accord with general or specific rules written into these regulations.

      (3)   The Planning and Zoning Board shall conduct hearings and make recommendations to the City Council on applications for conditional use permits specifically listed in the district regulations of these regulations.

      (4)   The Planning and Zoning Board shall conduct hearings on proposed amendments to the zoning regulations and zoning maps.

(Am. Ord. 2014-36, passed 9-8-2014)

   (A)    The City Council may grant only those conditional use permits which are listed in the “Table of Principal Uses Permitted in Zones” or otherwise stipulated herein and the permits shall be issued only in the districts so designated.

   (C)   No conditional use permit shall be granted by the City Council unless the Planning and Zoning Board shall first have conducted a public hearing on the permit application and shall have transmitted a report of its findings and recommendations to the Council for its consideration.

   (D)   All variances shall be granted by ordinance. No variance shall be granted unless the Planning and Zoning Board has conducted a public hearing on the application for variance in accordance with state statute.

   (E)   In the event that the Planning and Zoning Board fails to recommend that a proposed variance be granted, then the variance may be granted by the City Council only upon the favorable vote of 2/3 of all members of the City Council.

   (F)   The City Council may from time to time amend by ordinance, the text of these zoning regulations and the official zoning map, but no amendment shall be made without a hearing before the Planning and Zoning Board.

   (G)   The City Council may establish a schedule of fees, charges, and expenses in accordance with §§ 153.105 and 153.106.

(Am. Ord. 2008-56, passed 10-14-2008; Am. Ord. 2014-36, passed 9-8-2014)

   (A)   An appeal may be taken to the Planning and Zoning Board by any person, firm or corporation, or by any officer, department, board, or bureau affected by a decision of the Building and Zoning Administrator aggrieved or by any officer or department of the city. The appeal shall be taken within 45 days of the action complained of by filing with the Building and Zoning Administrator from whom the appeal is taken, specifying the grounds therefore. The Building and Zoning Administrator shall forthwith transmit to the Planning and Zoning Board all the papers constituting the record upon which the action appealed from is taken.

   (B)   The appeal stays all proceedings in furtherance of the action appealed from, unless the Building and Zoning Administrator certifies to the Planning and Zoning Board, after notice of appeal has been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property.

   (C)   In this event, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Planning and Zoning Board or by a court of record on application and on notice to the Building and Zoning Administrator, and on due cause shown.

   (D)   The Planning and Zoning Board shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The Planning and Zoning Board may recommend to the City Council to reverse or affirm, wholly or partly, or to modify the order, requirement, decision, or determination of the Building and Zoning Administrator. A vote of 4 of the Planning and Zoning Board's members is required to recommend reversal of the official's action.

   (E)   Upon receipt of the recommendations of the Planning and Zoning Board, the City Council shall decide the appeal. The City Council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made, to the end that the City Council has all the powers of the Building and Zoning Administrator.

(Am. Ord. 2014-36, passed 9-8-2014)

   (B)   Authorization. After a public hearing before the Planning and Zoning Board, the City Council may authorize variances from the terms of these regulations as will not be contrary to the public interest. Variances may be authorized only in those specific instances enumerated in division (E).

   (C)   Application for variance. An application for a variance shall be filed with the city who shall transmit the application immediately to the Chairman of the Planning and Zoning Board. The application shall contain the following information:

   (D)   Hearing and notice. The Planning and Zoning Board shall select a reasonable time and place for a hearing and give public notice of the hearing in accordance with § 153.080.

   (E)   Standards for variances. The Planning and Zoning Board may recommend to the City Council, the granting of a variance, and the City Council shall grant a variance only when the granting of the variance will be in harmony with the general purposes and intent of these regulations, and will not be injurious to the neighborhood, detrimental to the public welfare or in conflict with the city master plan. In determining whether to recommend or grant the variance, the Planning and Zoning Board and City Council shall take into consideration the standards listed below. The Planning and Zoning Board may recommend to the City Council, and the City Council may impose such conditions and restrictions upon the location, construction, design, and use of the property benefitted by a variance as may be necessary or appropriate to comply with the standards listed below and to protect adjacent property and property values:

      (1)   Whether special circumstances or conditions, such as exceptional narrowness, topography, or location, fully described in the report of the Planning and Zoning Board, apply to the land for which a variance is sought, and which conditions do not apply generally in the district;

      (2)   Whether special circumstances or conditions have resulted from any act of the applicant subsequent to the adoption of these regulations, whether or not in violation of the provisions thereof;

      (3)   Whether the aforesaid circumstances or conditions are such that the strict application of the provisions of these regulations would deprive the applicant of a reasonable use of applicant's land.

   (F)   Decision on variances. A concurring vote of 4 members of the Planning and Zoning Board shall be necessary to recommend that a variance be granted. The recommendations of the Planning and Zoning Board shall be in writing and shall contain its finding of fact. Variances shall be granted by the City Council only by ordinance. In the event that the Planning and Zoning Board fails to recommend that a proposed variance be granted, then a variance may be granted by the City Council only upon the favorable vote of 2/3 of all the Aldermen on the City Council. The City Council may permit a variance of the parking regulations herein where an applicant demonstrates conclusively that the specific use of a building would make unnecessary the parking spaces required by these regulations; provided, however, that a reduction may not be more than 50% of the usual requirement.

(Am. Ord. 2014-36, passed 9-8-2014)

   (A)   Authorization. For the purposes of these regulations, the “special use” authorized by statute shall be called the “conditional use”. The location, construction, extension or structural alteration of any use for which a conditional use permit is required pursuant to provisions of these regulations may be authorized by a permit issued by the City Council and following a public hearing by the Planning and Zoning Board and subject to standards as may be set forth in these regulations and subsequent amendments.

   (C)   Hearing and notice. The Planning and Zoning Board shall select a reasonable time and place for the hearing and shall give public notice of the hearing in accordance with § 153.080.

   (D)   Conditions. The Planning and Zoning Board may recommend and the City Council may impose conditions or restrictions upon the location, construction, design and operation of a conditional use, including but not limited to provisions for off-street parking spaces, and the duration of the permit, as they shall respectfully find necessary or appropriate to insure that:

   (E)   Action by City Council. After receiving the report of the Planning and Zoning Board, the City Council shall review the report and may accept the findings and recommendations of the Planning and Zoning Board in whole or in part, or may reject them in whole or in part, or may refer the matter back to the Planning and Zoning Board for further study. However, in event the Planning and Zoning Board recommends against the issuance of a conditional use permit, then it may be issued only upon the favorable vote of 2/3 of all Aldermen then holding office.

(Am. Ord. 2014-36, passed 9-8-2014)

   (A)   The regulations imposed and the districts created under the authority of these regulations may be amended from time to time by ordinance after the ordinance establishing them has gone into effect, but no amendments shall be made without a hearing before the Planning and Zoning Board.

   (B)   Amendments are made by ordinance by the City Council. The City Council shall review the report submitted by the Planning and Zoning Board. In case of a written protest is filed with the clerk of the municipality against any proposed amendment of the regulations or districts, and signed and acknowledged as follows: by owners of 20% of the frontage proposed to be altered; by owners of 20% of the frontage immediately adjoining or across an alley therefrom; or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, the amendment shall not be passed except by a favorable vote of 2/3 of all aldermen then holding office.

   (C)   The Planning and Zoning Board and the City Council shall consider the proposed amendment on its merits, using the following criteria as a guide:

      (1)   Criteria for text or map amendment:

         (a)   The proposed amendment shall correct an error in the original zoning.

         (b)   The area under application has changed so that the zoning is no longer contributing to the community welfare.

         (c)   The proposed amendment shall be consistent with the intent of this chapter and with its various provisions.

         (d)   The proposed amendment shall not be detrimental to the development of the city.

         (e)   Every use permitted under the new classification be a suitable use for the further development of the area in the vicinity of the rezoning, and be compatible with the uses already developed in the vicinity.

         (f)   Adequate public facilities, water and sewer lines, other needed services or facilities exist or be capable of being provided prior to the development of the uses which would be permitted on the property if it were classified.

      (2)   Applications which would result in spot zoning will be denied. Spot zoning is defined as rezoning of a relatively small area into a district which is unrelated to the immediate area or the general plan for the community. The rezoning may be a special privilege or an inconsistent restriction of 1 property which is not made applicable to others. A zoning pattern once established and relied upon must be sufficiently stable to accomplish the purposes of the plan and to protect those who comply with the law. Spot zoning constitutes an entering wedge, contributing to the breakdown of this stability.

(Am. Ord. 2014-36, passed 9-8-2014)

   (A)   In cases of requests for variances, conditional use permits or amendments to these regulations, the Planning and Zoning Board shall conduct 1 or more public hearings. The applicant or their authorized representative shall be present at the hearing(s).

   (B)   Public notice of such hearing or hearings shall be published at least once not less than 15 days nor more than 30 days before the hearing in a newspaper published within the city. The notice shall contain the date, time and place of the hearing, the street address or common description of the property involved, the legal description of the property involved, and a brief description of the purpose of the hearing.

   (C)   Not less than 15 days before such a hearing, a copy of the public notice described above shall be sent by certified mail, return receipt requested, to every owner of property adjacent to the property under consideration for a variance, conditional use permit, or ordinance amendment.

   (D)   The Planning and Zoning Board shall submit in writing to the City Council a summary of the testimony and its findings of fact received at the public hearing, a record of the Board's vote, and a statement of the Board's recommendations concerning the desired variance.

   (E)   The Planning and Zoning Board shall submit in writing to the City Council, a report of its findings as to the compliance of the proposed conditional use with standards specified in these regulations and giving its recommendations for action to be taken by the City Council.

   (F)   The Planning and Zoning Board shall submit in writing to the City Council, a summary of the testimony and findings of fact received at the public hearing, a record of the Board’s vote, and a statement of the Board’s recommendations concerning the proposed amendment.

(Am. Ord. 2014-36, passed 9-8-2014)

      (1)   Stimulate creative approaches to residential, commercial and industrial development by encouraging proposals with varied designs and uses that otherwise may not be accommodated under the city's zoning regulations;

      (2)   Provide more efficient use of land, including the preservation of common open space, the promotion of aesthetic amenities, and the consolidation of public services;

      (3)   Preserve natural vegetation, topographic and geographic features and environmentally sound practices, including preventing soil erosion and surface flooding;

      (4)   Unify buildings and structures through consistent architectural styles, building forms, and building relationships; and

      (5)   Promote the public health, safety, comfort, morals and welfare by emphasizing innovative approaches to delivering services to the public.

         (a)   Superior architectural design, including buildings that compliment neighboring structures, that are constructed of durable, aesthetically pleasing materials, and build upon the city's historic design:

         (b)   Superior site design, including plazas, gardens and other pedestrian amenities;

         (c)   Community amenities (i.e., public amenities); and

         (d)   Other objectives as determined by the Planning and Zoning Board or City Council.

      (1)   The requested deviation does not undermine the intent and purpose of the underlying zoning district;

      (2)   The requested deviation does not impeded or create a detriment to the provision of city services, infrastructure, and services to the public in general;

      (3)   The requested deviation contributes to a planned unit development that offers superior level of design, amenity, efficiency, or environmental enhancement beyond what is required by the City Code; and

      (4)   The requested deviation is consistent with the purpose of this section as provided in § 153.081(B).

         (a)   Applications for approval of a preliminary plat of planned unit development may be obtained from the Building and Zoning Administrator. The applicant shall submit its completed application to the Building and Zoning Administrator, which shall include all information required by § 153.081(F), the required review fee and the cost to publish notice in a newspaper of general circulation, and all other information requested by the Building and Zoning Administrator.

         (b)   Upon review of the applicant's materials and verification that the requirements of this section have been satisfied, the Building and Zoning Administrator shall transmit the application to the Planning and Zoning Board for review and a public hearing.

         (c)   The City Clerk shall cause the notice of public hearing before the Planning and Zoning Board to be published in a newspaper of general circulation in the city at least once before the public hearing.

         (d)   Written notice of the public hearing shall be given to the persons to whom the current real estate tax bills are sent, as determined by the records of the tax collector, of all lots adjacent to the property lines of the parcel of land for which the planned unit development is proposed. The written notices shall be delivered personally or may be sent by certified or registered mail, properly addressed and with sufficient postage with return receipt requested.

         (e)   The notice of public hearing shall contain the place, date, and time of the hearing, the common address or location of the property, the property's legal description, the name and address of the applicant and owner of the property, the purpose of the hearing, and the address of the city office where information may be obtained, and shall be published and mailed not less than 15 days nor more than 30 days before the hearing.

         (f)   The public hearing shall be conducted by the Planning and Zoning Board, and a record of the proceedings shall be preserved in the manner as the Planning and Zoning Board shall prescribe from time to time.

         (g)   The Planning and Zoning Board shall submit its recommendations on the proposed preliminary plat of planned unit development to the City Council within 30 days of the close of the public hearing.

         (h)   After receiving the Planning and Zoning Board’s recommendation, the City Council may, by ordinance, approve, or approve with modifications, the preliminary plat of planned unit development authorizing the planned unit development as a conditional use. If the City Council does not approve a planned unit development, it may deny the planned unit development or refer the planned unit development back to the Planning and Zoning Board for further consideration.

         (i)   The preliminary plat of planned unit development and supporting documents shall be attached to the ordinance approving the conditional use. Approval of a preliminary plat of planned unit development as a conditional use shall not constitute final approval of the final plat of planned unit development; rather, it shall be deemed an expression of approval of the layout submitted on the preliminary plat and should be used to prepare the final plat of planned unit development.

         (a)   An applicant may seek approval of a final planned unit development plat for the entire planned unit development or in phases. The final plat or plats of the planned unit development shall conform substantially to the preliminary plat of planned unit development as approved. While the preliminary plat of planned unit development shall generally specify uses of land and locations of buildings, the final plat of planned unit development shall designate with particularity the uses of land and the location of buildings and all other improvements.

         (b)   Applications for approval of a final plat of planned unit development shall be filed in writing with the Building and Zoning Administrator and shall comply with § 153.081(F). The Building and Zoning Administrator is authorized to recommend approval of a final plat of planned unit development to the City Council without referring the final plat to the Planning and Zoning Board if the Building and Zoning Administrator determines that the final plat is in substantial conformance with the preliminary plat of planned unit development as approved by the City Council. If the Building and Zoning Administrator determines that the final plat is not in substantial conformance to the preliminary plat of planned unit development, the final plat shall be referred to the Planning and Zoning Board for action in accordance with this chapter.

         (c)   Final plats of planned unit development referred to the Planning and Zoning Board shall be reviewed by the Planning and Zoning Board for differences between the preliminary and final plat and all other relevant matters, and a record of the proceedings shall be preserved in a manner as the Planning and Zoning Board shall prescribe from time to time.

         (d)   The Planning and Zoning Board shall submit its recommendation on the proposed final plat of planned unit development to the City Council within 30 days of the close of the public hearing.

         (e)   After receiving the Planning and Zoning Board’s recommendation, the City Council may, by ordinance, approve, or approve with modifications, the proposed final plat of planned unit development authorizing the planned unit development as a conditional use. If the City Council does not approve of a planned unit development, it may deny the planned unit development or refer the planned unit development back to the Planning and Zoning Board for further consideration. The final plat of planned unit development and supporting documents shall be attached to the ordinance approving the conditional use.

         (a)   Title of the proposed planned unit development.

         (b)   The planned unit development's legal description and total acreage.

         (c)   Scale, north point, and date of preparation.

         (d)   Name and address of the owner, applicant, engineer, and land surveyor.

         (e)   Location of city, county, and township boundary lines at or near the planned unit development.

         (f)    Location, dimensions, and acreage of proposed land uses in the planned unit development, including, but not limited to, single-family residential, multi-family residential, business areas, industrial areas, open spaces, parks, and school sites.

         (g)   Location and dimensions of proposed and existing streets, alleys, sidewalks, bike paths, easements, stormwater control areas, buildings, structures and utilities in the planned unit development.

         (h)   Dimensions of the lots into which the property is proposed to be subdivided. Applicants proposing to subdivide a planned unit development must also prepare and submit a separate subdivision plat in accordance with Chapter 152 of this Code.

         (i)   Density of the planned unit development for both the entire development and individual land use areas.

         (j)   Map indicating the location of buildings on adjacent properties, the location and dimensions of streets adjacent to the planned unit development, and the location of alleys, easements and stormwater control areas adjacent to the planned unit development.

         (k)   Design schedule (i.e., a design table) detailing the following:

            1.   The proposed use of each building, structure or parcel;

            2.   The total number of parking spaces on the site;

            3.   The total footprint and square footage for each nonresidential structure; and

            4.   If the planned unit development is to be constructed in phases, a designation of what work is included in each phase.

         (l)   All requirements and certifications identified in § 151.26 of the City Code.

         (a)   Requests for deviations to the underlying zoning requirements, requests for approval of a conditional use or alteration of conditions applicable to the planned unit development.

         (b)   A change in the designation of land use identified in the approved plat of planned unit development.

         (c)   An increase or decrease in the number of buildings.

         (d)   An increase or decrease of greater than 10% to either the gross floor area, building height, or total number of parking spaces, based on the most recent approved planned unit development plat or any amendments thereto.

         (e)   An increase or decrease of greater than 10% to the total number of dwelling units in the planned unit development, based on the first preliminary plat of planned unit development approved by the city.

         (f)   A change in building design that is inconsistent with the approved building elevations or the building design guidelines approved for the planned unit development.

         (g)   A change that is inconsistent with the city's Comprehensive Plan.

         (h)   For major changes that alter an approved planned unit development plat, a revised plat of planned unit development and all materials identified in § 153.081(F) shall be submitted with the applicant's application for a major change.

      (2)   Minor change to a planned unit development. Minor changes to planned unit developments are neither major changes nor administrative changes. Minor changes may be approved by the City Council without Planning and Zoning Board review and recommendation unless the City Council requests that the Planning and Zoning Board review the change and offer a recommendation. The city shall consider the following factors to determine if a proposal constitutes a minor change.

         (a)   An increase or decrease of not less than 5%, but not greater than 9% (i.e., between 5% and 9%) to the gross floor area, building height, or total number of parking spaces, based on the most recent approved planned unit development plat and any amendments thereto.

         (b)   An addition of an accessory structure that exceeds 500 square feet in gross floor area or alters the approved circulation, landscaping or building design criteria for the planned unit development.

   (I)   Criteria for approval of a planned unit development or changes to a planned unit development. The Planning and Zoning Board shall not recommend approval nor shall the City Council approve a conditional use for a planned unit development or a major or minor change to a planned unit development unless the planned unit development or change complies with all of the following criteria.

      (1)   The planned unit development's design presents an innovative and creative approach to the development of land and living environments.

      (2)   The planned unit development meets the planned unit development standards set forth in § 153.081(C).

      (3)   The planned unit development's design efficiently utilizes the land and adequately provides for transportation and public facilities while preserving the natural features of the site.

      (4)   Open space, outdoor amenities and recreational facilities are provided.

      (5)   Deviations from the City Code do not undermine the city's ability to deliver services nor compromise the public's health, safety, morals or welfare.

      (6)   The planned unit development is compatible with the adjacent properties and nearby land uses.

      (7)   The planned unit development fulfills the objectives of the Comprehensive Plan and the city's planning policies.

         (a)   Approval of the final plat of planned unit development does not occur within 2 years from the date of approval of the preliminary plat of planned unit development; or

         (b)   Construction does not commence within 2 years from the date of approval of the final plat of planned unit development.

(Ord. 2013-43, passed 7-22-2013; Am. Ord. 2014-36, passed 9-8-2014)