North Richland Hills
City Zoning Code
City Zoning Code
ARTICLE II
ADMINISTRATION
§ 118-81 Creation.
There is hereby created a board of adjustment consisting of five members and two alternates, each to be appointed by a majority of the city council for a term of two years and removable for cause by the appointing authority on a written charge after a public hearing. It is the declared policy of the city council that it will consider and appoint only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, and availability to prepare for and attend meetings.
(Ordinance 1874, art. 2, § 210(A), adopted 3/22/1993)
§ 118-82 Terms of office.
The members shall serve for a period of two years and until their successors are duly appointed. Qualified board members may be appointed to succeed themselves.
(Ordinance 1874, art. 2, § 210(B), adopted 3/22/1993)
§ 118-83 Vacancy.
Vacancies shall be filled for unexpired terms; no member shall be appointed for a term in excess of two years. A vacancy in a term of office shall occur whenever the city council finds that member has resigned, has not maintained the qualifications required for appointment or has been removed by city council for cause.
(Ordinance 1874, art. 2, § 210(C), adopted 3/22/1993)
§ 118-84 Organization.
The board shall elect a chairman from among its members to preside at meetings. Such chairman, or in his absence an acting chairman elected from among the members, may administer oaths and compel the attendance of witnesses. The board shall designate the time and place of its meetings. The board shall adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with this chapter or inconsistent with the statutes of the state. All meetings of the board shall be open to the public.
(Ordinance 1874, art. 2, § 210(D), adopted 3/22/1993)
§ 118-85 Meetings and quorum.
Four members of the board shall constitute a quorum for the conduct of business. The members of the board shall regularly attend meetings and public hearings of the board and shall serve without compensation. Minutes shall be kept showing the vote of each member on each question or the absence or failure of each member to vote. Such proceedings shall be a public record and shall be retained for at least five years.
(Ordinance 1874, art. 2, § 210(E), adopted 3/22/1993)
§ 118-86 Jurisdiction.
The board of adjustment shall have the powers and exercise the duties of a board in accordance with V.T.C.A., Local Government Code § 211.009. Board members are representatives of the city and shall have the right to inspect premises where required in the discharge of their responsibilities under the laws of the state and the ordinances of the city. The board's jurisdiction shall extend to and include the hearing and deciding of the following topics of appeals and applications and to that end shall have the necessary authority to ensure continuing compliance with its decision. The board of adjustment, in specific cases, may authorize or order the following:
(1)
Interpretation.
To hear and decide appeals where it is alleged there is error on any order, requirement, decision or interpretation of the zoning regulations by the building official in the enforcement of this chapter or a zoning district boundary. In reaching its decision, the board shall establish firm guidelines for future administrative actions on like matters.
(2)
Permits for nonconformities.
To authorize a building permit for the reconstruction, extension, or enlargement of a building occupied by nonconforming uses, on the lot or tract occupied by such building, provided that such reconstruction does not prevent the potential return of such property to a conforming use.
(3)
Discontinuance of nonconformities.
To require discontinuance of nonconforming uses of land or structures under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of this chapter. All actions to discontinue a nonconforming use of land or structure shall be taken with due regard to the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of the property. The board shall, from time to time on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the city.
(4)
Variances.
To authorize upon appeal, in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest and where, because of special conditions, the enforcement of the chapter would result in an unnecessary hardship. However, the board shall not have the power to grant variances from the terms of this chapter to grant a variance for a change in use not allowed in a district. In exercising it powers to grant a variance, the board of adjustment shall make findings and show in its minutes that:
a.
Literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property.
b.
The situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district.
c.
The relief sought will not injure the permitted use of adjacent conforming property.
d.
The granting of the variance will be in harmony with the spirit and purposes of these regulations.
(Ordinance 1874, art. 2, § 210(F), adopted 3/22/1993)
§ 118-87 Interpretation request; variance appeal.
A request for interpretation of regulations or an appeal for variance from certain development controls (section 118-713) may be taken by any person aggrieved or by any officer, department, or board of the city affected by a decision of the city enforcement officer. Such appeal shall be taken within 15 days' time after the decision has been rendered, by filing with the enforcement officer a notice of appeal specifying the grounds thereof.
The enforcement officer shall transmit to the board all papers constituting the record upon which the action being appealed was taken.
(Ordinance 1874, art. 2, § 210(G), adopted 3/22/1993)
§ 118-88 Application.
Before any request for a variance from this chapter will be heard by the zoning board of adjustment, application for such variance shall be made and duly filed by the property owner or authorized agent upon the forms prescribed by the city. Such application shall include, but is not limited to, the following:
(1)
The name, address, and phone numbers of the property;
(2)
The name, address, and phone numbers of the owner's agent, if applicable;
(3)
The legal description of the property;
(4)
A brief description of the variance sought;
(5)
The required number of copies of a current boundary survey, plat, or plot plan of the property.
The applicant must provide proof of ownership of the property, or a letter from the owner of the property granting the applicant permission to request the variance.
(Ordinance 1874, art. 2, § 210(H), adopted 3/22/1993)
§ 118-89 Fees.
Every application for a variance shall be accompanied by a filing fee in an amount sufficient to defray the actual cost of processing the application. Such application fee shall be based upon average current cost to the city and shall be established and amended by ordinance of the city council.
(Ordinance 1874, art. 2, § 210(I), adopted 3/22/1993)
§ 118-90 Stay of proceedings.
An appeal shall stay all proceedings of the action appealed from unless the city enforcement officer, after the notice of appeal has been filed, certifies in writing to the board that a stay would, in the opinion of the city enforcement officer, cause imminent peril to life or property. In such case, proceedings shall only be stayed by a restraining order granted by the board or by a court of record.
(Ordinance 1874, art. 2, § 210(J), adopted 3/22/1993)
§ 118-91 Form of appeal or application.
An appeal or application shall be in such form and contain such information as the board may require under its rules of procedure. It shall be accompanied by the required fee. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the board and shall not be reviewed or scheduled for hearings until brought to completion.
(Ordinance 1874, art. 2, § 210(K), adopted 3/22/1993)
§ 118-92 Notice of hearing.
Official written notice of public hearing on every application for a variance or for an interpretation of regulations applying solely to an individual property shall be sent to all owners of real property lying within 200 feet of any property on which the variance is requested. The notice of hearing shall be given to each taxpayer as the ownership appears on the last approved city tax roll by depositing such notice, properly addressed and postage paid, in the United States Post Office, not less than ten days before the date set for a hearing before the zoning board of adjustment. Notice of hearing shall also be given by publication in the official newspaper of the city at least ten days before the date before the date set for a hearing before the zoning board of adjustment. Such notice shall state the time and place of such hearing, and the nature of the subject to be considered.
(Ordinance 1874, art. 2, § 210(L), adopted 3/22/1993)
§ 118-93 Hearing.
(a)
Upon the hearing, the applicant shall appear in person or by attorney or authorized agent. Evidence supporting the granting or denial of an appeal shall be submitted only through the city enforcement officer or to the board in public meeting.
(b)
Any appeal or application may be withdrawn upon written notice to the city enforcement officer.
(c)
The board shall make its decision on any application within 45 days from the time the initial hearing is held or the application will be deemed to have been denied.
(Ordinance 1874, art. 2, § 210(M), adopted 3/22/1993)
§ 118-94 Decision and voting.
(a)
Every decision of the board shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings. The board may act only in matters as specifically authorized by theses regulations and these regulations shall be construed as limitations on the power of the board to act.
(b)
Nothing herein contained shall be construed to empower the board to change the terms of these regulations, or to effect changes in the zoning districts. The powers of the board shall be so applied that the terms of these regulations will be strictly enforced.
(c)
The affirmative vote of four members shall be necessary to reverse, on appeal, any order, requirement, decision or determination of the city enforcement officer; to approve any variance that the board is empowered to grant; or to authorize the continuance or discontinuance of a nonconforming use, structure, or lot.
(d)
A member shall disqualify himself from voting whenever he has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the board.
(e)
A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the member's vote on the appeal other than in the public hearing.
(Ordinance 1874, art. 2, § 210(N), adopted 3/22/1993)
§ 118-95 Approval of request.
(a)
In approving any request, the board may designate such conditions including time limits, if appropriate, in connection therewith in order to secure substantially the objectives of the regulation or provision to which such variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted.
(b)
When necessary the board may require guarantees, in such form as it deems proper, to insure that conditions designated in connection therewith are being or will be complied with.
(c)
Upon approval of an application for a variance appeal, the applicant shall apply for occupancy or construction permits within 60 days after the board's decision unless a greater time is requested in the application and is authorized by the board. Any approval may be granted one emergency extension of 60 days on written request filed with the board before expiration of the original approval. Failure of the applicant to apply for occupancy of construction permits within the authorized time period shall void the right to secure such permits except upon the filing of a new application or appeal.
(Ordinance 1874, art. 2, § 210(O), adopted 3/22/1993)
§ 118-96 Denial of request.
No appeal or application that has been denied shall be further considered by the board, unless the board affirmatively finds:
(1)
That new plans materially change the nature of the request; or
(2)
The permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the board so as to support an allegation of changed conditions.
(Ordinance 1874, art. 2, § 210(P), adopted 3/22/1993)
§ 118-97 Appeal of board action.
Any persons, jointly or separately, or any taxpayer, or any officer, department, or board of the city, aggrieved by any decision of the zoning board of adjustment may present to a Tarrant County Court at Law or District Court, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of such illegality. Such petition shall be presented to the court within ten days after the filing of the decision complained of in the offices of the Board and not thereafter.
(Ordinance 1874, art. 2, § 210(Q), adopted 3/22/1993; Ordinance 3216, § 1, adopted 10/8/2012)
§ 118-121 Building permits.
No person shall erect or construct or proceed with the erection or construction of any building or structure, nor add to, enlarge, move, improve, alter, repair, convert, extend or demolish any building or structure nor begin excavation for any construction nor cause any of the foregoing in any zoning district without first applying for and obtaining a building permit from the building official as provided in the following regulations:
(1)
No building permit shall be issued until the building official has reviewed the construction plans and has determined that the proposed construction and use of the premises conform with all applicable provisions of this chapter.
(2)
Applications for building permits shall be made in writing on forms furnished by the building official in accordance with the provisions of the building code regulations and be accompanied by plans, drawn to scale which includes sufficient information to determine compliance with this chapter and submitted in such number as shall be determined by the building official. Such plans shall generally indicate at a minimum:
a.
A plot plan showing the actual shape and dimensions of the lot or tract of land on which the proposed building or structure is to be erected, constructed, enlarged, extended or structurally altered with sufficient information to locate the plat on the ground.
b.
The plot plan shall include the exact size, shape and location of all existing and proposed buildings or structures and of any enlargement, extension or structural alteration to be made thereto, and of any accessory building or structure to be used in connection therewith.
c.
Technical construction drawings adequate to determine the construction details of the proposed building or structure.
d.
The use currently being made of the lot, building or structure and the use proposed to be made thereto.
e.
Curb cuts, sidewalks, free standing signs, paved parking areas, landscaping, fire lanes, marked parking stalls, and vehicle circulation provisions.
f.
The number of families a residential building is designed to accommodate and the amount of floor area contained therein.
g.
Such other information as may be required by the building official in order for him to administer and enforce the provisions of this chapter.
h.
It shall be unlawful for any person to erect, construct, enlarge, extend, structurally alter or use any building or structure except in conformance with plans approved by the building official as required by this chapter.
(3)
If the proposed construction, moving, alteration, or use of the land as set forth in the application is in conformity with the provisions of this chapter, the building official shall issue a building permit.
(4)
Issuance of a building permit does not waive any provision of this chapter or any other city ordinance, and a permit issued in error shall be void ab initio.
(5)
The building official is not empowered to grant any exception to the actual meaning of any clause, order or regulation contained in this chapter.
(6)
The building official is not empowered to make changes in this chapter or vary the terms of this chapter in carrying out his duties as the enforcement officer.
(7)
If any application for such a building permit is not approved, the building official shall state in writing one or more causes for such disapproval.
(Ordinance 1874, art. 1, § 170(A), adopted 3/22/1993)
§ 118-122 Certificate of occupancy.
(a)
No vacant land, or any building, shall be occupied by any person and no building or structure hereafter erected or structurally altered, and no change in occupancy of a building, part of a building or land shall be made, other than a single-family detached dwelling, until after the building official has issued a certificate of occupancy therefor. The certificate of occupancy shall not only state the information as required under the building code, but shall also state that the occupancy authorized is in compliance with this zoning chapter. Occupancy other than that authorized in the certificate of occupancy shall be unlawful.
(b)
Whenever any building, structure or premises is hereafter erected, constructed, enlarged, extended, reconstructed, structurally altered, moved or converted to another use, the owner of such building, structure or premises shall make application for a certificate of occupancy.
(c)
No certificate of occupancy shall be issued by the building official unless the building official is satisfied after inspection of the building, structure or premises involved, that all applicable provisions of this chapter have been met.
(d)
No permanent water, sewer, electrical, gas, telephone or other public utility connection shall be made to any land, building, structure, or portion thereof until and after a certificate of occupancy has been issued by the building official.
(e)
Under such rules and regulations as may be established by the building official, a temporary certificate of occupancy for any part of a building, structure or premises may be issued.
(Ordinance 1874, art. 1, § 170(B), adopted 3/22/1993)
§ 118-123 Completion of buildings.
Nothing herein contained shall be deemed to require any change in the plans, construction, or use of a building for which a currently valid building permit has been obtained at the time of passage of this chapter.
(Ordinance 1874, art. 1, § 170(C), adopted 3/22/1993)
§ 118-124 Occupancy of dwelling units.
No dwelling unit shall be occupied except by a family, as that term is defined herein.
(Ordinance 1874, art. 1, § 170(D), adopted 3/22/1993)
§ 118-125 Prohibited uses.
No use is permitted in any district unless it is specifically allowed by the regulations governing such district. Any use not named in any district is prohibited from the entire city. A use named in any district and not named in any other district is allowed only in the district where it is named. Where district regulations specifically allow permitted uses from another district, such shall allow only those uses appearing under the "permitted uses" section of such other district.
(Ordinance 1874, art. 1, § 170(E), adopted 3/22/1993)
§ 118-126 Classification of new and unlisted uses.
It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted land use shall be made as follows:
(1)
The building official shall refer the question of any new or unlisted use to the planning and zoning commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, and amount of noise, odor, fumes, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.
(2)
The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and after public hearing determine the zoning district or districts within which such use should be permitted.
(3)
The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council may approve the recommendation of the planning and zoning commission or make such determination concerning the classification of such uses as to determined appropriate after giving consideration to the facts and recommendations.
(Ordinance 1874, art. 1, § 170(F), adopted 3/22/1993)
§ 118-151 Intent of division.
Within the districts established by this chapter, there exist lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in this same district.
(Ordinance 1874, art. 1, § 175(A), adopted 3/22/1993)
§ 118-152 Nonconforming building or structure.
When on the effective date of the ordinance from which this chapter is derived, a building or structure, exists that could not be built under the terms of this chapter by reason or restrictions on area, lot coverage, height, yards, or other characteristics of the building or structure, or its location on the lot, such building or structure may be continued subject to the following provisions:
(1)
No nonconforming building or structure may be enlarged or altered in any way which increases the degree or extent of the nonconforming feature without approval of a building permit which has been authorized by the zoning board of adjustment, and provided further that no building or structure having a nonconforming feature shall be moved, reconstructed or substituted with another building or structure unless such nonconforming feature is thereby eliminated and the building or structure is made to conform to the provisions of this chapter. However, nothing in this provision shall be construed to prohibit normal repair, maintenance and nonstructural alterations to such building or structure, nor the alteration, strengthening or restoration to safe condition as may be required by law with the issuance of a building permit approved by the building official.
(2)
When a nonconforming building or structure is damaged by fire or other causes, it shall not be reconstructed except in conformance with the provisions of this subsection. In the case of partial destruction by fire or other causes, not exceeding 50 percent of its value according to the most current value shown on the appraisal roll of the county appraisal district, the building official is authorized to approve a building permit for reconstruction. If greater than 50 percent of such value, the zoning board of adjustment may grant a permit for repair, but not for the enlargement of the building or structure, but only after consideration has been given for removal of the nonconforming feature.
(3)
The right to use and maintain any nonconforming building or structure shall terminate and shall cease to exist whenever the nonconforming building or structure becomes substandard under any applicable chapter of the city and the cost of replacing such building or structure in lawful compliance with the applicable chapter exceeds 50 percent of the replacement costs of such building or structure.
(4)
In determining the replacement cost of any nonconforming building or structure, there shall not be included therein the cost of land or any factors other than the most current value shown on the appraisal roll of the county appraisal district of the nonconforming building or structure itself, including foundation.
(Ordinance 1874, art. 1, § 175(B), adopted 3/22/1993)
§ 118-153 Nonconforming uses.
(a)
Defined.
The term "nonconforming" shall be deemed to mean that a use or structure was lawful at the time it was begun, but could not presently be so begun, used or constructed under current ordinances and zoning.
(b)
Continuation.
The lawful use of any building, structure, sign or land existing at the time such property was more restrictively zoned may be continued except as this chapter may require abatement within a given period of time; provided, however, the right to continue such nonconforming uses shall be subject to regulations prohibiting nuisances and shall be terminated when such use constitutes a nuisance. Such nonconforming uses shall be subject to such reasonable regulations as the zoning board of adjustment may require to protect adjacent property and shall be subject to the specific nonconforming use regulations contained in this section.
(c)
Accidental damage to building.
If a building or structure occupied by a nonconforming use is destroyed by fire or any other cause, it shall not be reconstructed or rebuilt except to conform with provisions of this chapter. In the case of partial destruction by fire or other causes where the cost of repair does not exceed 50 percent of its current value, according to the most recent appraisal roll of the tax appraisal district, the building official is authorized to issue a permit for reconstruction. If greater than 50 percent and less than total, the zoning board of adjustment may grant a permit for repair but not for enlargement of the building or structure.
(d)
Determination of replacement cost.
In determining the replacement cost of any nonconforming structure, there shall not be included therein the cost of land or any factors other than the nonconforming structure itself, including foundation.
(e)
Repairs and alterations.
Repairs and alterations may be made to an undamaged nonconforming building or structure; provided, however, no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. No enlargement or extension of a nonconforming use shall take place except as the zoning board of adjustment may grant, as a special exception, an application to extend or enlarge a building occupied by a nonconforming use or that portion of the lot occupied by such use, provided such grant does not serve to prevent the return of such property to a conforming use.
(f)
Continuance of nonconforming use.
Except as this section may otherwise require, any nonconforming use may be continued in operation on the same land area and on the same floor area in a structure or structures which were occupied by the nonconforming use on the effective date of these regulations or on the effective date of any amendment by which the use became nonconforming, but such land area or floor area shall not be increased.
(g)
Registration of nonconforming use.
It shall be the right of the joint tenants and owners of a nonconforming use to register the same by securing a certificate of occupancy as herein provided. The certificate shall not be issued unless the applicant can prove that the use in question was lawful at the time that it commenced and was not discontinued for more than six months after it became nonconforming. Absence of a certificate during proceedings before the zoning board of adjustment shall constitute prima facie proof that such use was not nonconforming.
(h)
Changing a nonconforming use.
Any nonconforming use may be changed to a use conforming with the regulations established in this chapter for the district in which the nonconforming use is located; provided, however, that a nonconforming use so changed shall not thereafter be changed back to a nonconforming use. A nonconforming use shall not be changed to another nonconforming use.
(i)
Discontinuation.
A nonconforming use of any building or structure which has been discontinued shall not thereafter be returned to any nonconforming use. A nonconforming use shall be considered discontinued when:
(1)
It has been replaced with a conforming use;
(2)
Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six months, or the special equipment and furnishings peculiar to the nonconforming use have been removed from the premises and have not been replaced within such six-month period; or
(3)
Water service has been discontinued for six months.
(j)
Notice, appeal.
The building official shall notify in writing the owner and user of any nonconforming use of a loss of nonconforming status, together with an order that such use is no longer lawful and notice of a right of appeal of such determination and order to the zoning board of adjustment. Any such appeal must be filed with the building official within the time provided for appeals under section 118-87 using the procedure for variance appeals set out in division 2 of article II of this chapter.
(k)
Appeal, burden of proof, power of board.
The property owner shall have the burden of proof to establish either that the use was not discontinued for the time which would result in loss of nonconforming status or that the loss of nonconforming status would amount to an unconstitutional taking, considering the original cost of the improvements to the property, their adaptability to conforming use, and the length of time the owners have had to recoup the capital cost of such improvements since originally constructed. In establishing a taking, the owner or user shall have the burden of proof of establishing such costs, nonadaptability and length of time required to capitalize the investment. The board shall have the power to reverse the determination and order of the building official if the use was not discontinued for the requisite time, to sustain the determination and order of the building official, or to modify the order by establishing a time for the nonconforming use to be allowed to be continued in order to amortize the capitalized investment in the improvements. The intent of the property owner or use shall not be considered in the appeal. If the property owner fails to meet his burden of proof, the action of the building official shall be sustained.
(Ordinance 1874, art. 1, § 175(C), adopted 3/22/1993; Ordinance 2977, § 1, adopted 1/14/2008)
§ 118-154 Nonconforming lots.
When on the effective date of the ordinance from which this chapter is derived, a lot of record exists which contains less than the minimum lot requirements for area, depth or width, as contained in this chapter, such lot of record may be used for any valid use, building or structure authorized in this chapter, provided that the requirements for building setback, side yard, rear yard, height, parking, landscaping and other applicable provisions of this chapter are satisfied.
(Ordinance 1874, art. 1, § 175(D), adopted 3/22/1993)
§ 118-171 Generally.
These zoning regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed upon approval of an ordinance by the city council. Such ordinance shall include, when applicable, an amendment to the comprehensive land use plan of the city.
(Ordinance 1874, art. 2, § 200(A), adopted 3/22/1993)
§ 118-172 Initiation.
§ 118-173 Procedure.
All requests for amendments to zoning district boundaries shall be submitted, together with required fees, to the city enforcement officer, which officer shall cause notices to be sent and the petition placed on the planning and zoning commission agenda. The city council may not enact any proposed amendment until planning and zoning commission makes its final report to the city council. The city council may refer proposed amendments to the planning and zoning commission for recommendation. Requests for changes in zoning districts shall include the proposed designation or designations for the area concerned. Alternative proposals may be made.
(Ordinance 1874, art. 2, § 200(C), adopted 3/22/1993)
§ 118-174 Application.
Before any request for amendments to zoning district boundaries will be heard by the planning and zoning commission or the city council, application for such amendment shall be made and duly filed by the property owner or authorized agent upon the forms prescribed by the city. Such application shall include, but is not limited to, the following:
(1)
The name, address, and phone numbers of the property owner;
(2)
The name, address, and phone numbers of the owner's agent, if applicable;
(3)
The legal description of the property;
(4)
A brief description of the reason for the zoning change and the proposed use of the property;
(5)
The required number of copies of a current boundary survey, plat, or plan of the property.
The applicant must provide proof of ownership of the property, or a letter from the owner of the property granting the applicant permission to request the zoning change.
(Ordinance 1874, art. 2, § 200(D), adopted 3/22/1993)
§ 118-175 Fees.
Every application for a zoning district change shall be accompanied by a filing fee in an amount sufficient to defray the actual cost of processing the application. Such application fee shall be based upon average current cost to the city and shall be established by ordinance of the city council.
(Ordinance 1874, art. 2, § 200(E), adopted 3/22/1993)
§ 118-176 Sign posting.
The city enforcement officer shall have at least one sign erected on the property to be rezoned which sign shall have a total area of at least four square feet. Such sign or signs shall, if possible, be located adjacent to streets. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the city council or when the applicant withdraws the request, whichever comes first. The erection or continued maintenance of signs shall not be deemed a condition precedent to the granting of any zone change or the holding of any public hearing.
(Ordinance 1874, art. 2, § 200(F), adopted 3/22/1993)
§ 118-177 Public hearing and notice.
Before acting upon any application for amendment to zoning district boundaries, the planning and zoning commission shall hold a public hearing. Notice of such hearing shall be sent to all owners of real property lying within 200 feet of the property on which the change is requested or proposed. The notice of public hearing shall be given to each taxpayer as the ownership appears on the last approved city tax roll by depositing such notice, properly addressed and postage paid, in the United States Post Office, not less than ten days before the date set for a public hearing before the planning and zoning commission. When any such amendment relates to a change of a zoning regulation or to the text of this chapter not affecting specific property, notice of public hearing of the planning and zoning commission shall be given by publication in the official newspaper of the city without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered. Such notice shall be published not less than ten days prior to the public hearing. (See appendix E which is on file in the city secretary's office.)
(Ordinance 1874, art. 2, § 200(G), adopted 3/22/1993)
§ 118-178 Commission report.
The planning and zoning commission shall determine whether a proposed change in zoning district boundaries or amendment is in compliance with the comprehensive land use plan of the city, and, after the public hearing is closed, shall vote on its recommendation on the proposed change, and report such recommendation to the city council. Such report may recommend approval or denial of the proposed change and may, but need not, include reasons for such decision. The commission may defer its report for not more than 60 days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. If the commission fails to report after 60 days, it shall be deemed to have recommended negatively to the proposal. Unless appealed to the city council by the applicant, denial of the request by the planning and zoning commission shall be final ten days from the date of the action by the commission.
(Ordinance 1874, art. 2, § 200(H), adopted 3/22/1993)
§ 118-179 Forwarding final report.
Every proposal receiving final approval by the commission shall be forwarded to the city council for consideration. No change recommended by the commission shall become effective until approved by an ordinance passed by the city council.
(Ordinance 1874, art. 2, § 200(I), adopted 3/22/1993)
§ 118-180 Withdrawal.
Any proposal or application may be withdrawn by the applicant after the commission makes its final report, and such proposal or application shall not be subject to the provision herein that a time period must pass before a new application is considered. If such proposal is withdrawn, the city council shall not consider it.
(Ordinance 1874, art. 2, § 200(J), adopted 3/22/1993)
§ 118-181 Council hearing and notice.
The city council may from time to time amend, supplement, change, modify or repeal by ordinance the boundaries of the zoning districts or the regulations herein established. Before acting on any application for amendment to zoning district boundaries or proposed amendment to these zoning regulations, the city council shall hold a public hearing, notice of which shall be published at least one time in the official newspaper of the city not less than 15 days prior to the date of such hearing. Such notice shall state the time and place of the public hearing and the nature of the change to be considered.
(Ordinance 1874, art. 2, § 200(K), adopted 3/22/1993)
§ 118-182 Denial of request of rezoning.
No application for rezoning shall be considered within six months of the denial of a request for the same classification on the same property.
(Ordinance 1874, art. 2, § 200(L), adopted 3/22/1993)
§ 118-183 Protest against change.
In case of a protest against such change signed by the owners of 20 percent or more either of the land included in such proposed change, or of the land within 200 feet thereof, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the city council.
(Ordinance 1874, art. 2, § 200(M), adopted 3/22/1993)
§ 118-184 Council action on application.
The applicant for any zoning district change shall affirm to the city council that either the general welfare of the city will be enhanced by the proposed change, or that the property is unusable for the purposes allowed under existing zoning. If such is proved to the city council's satisfaction, it may grant the requested zoning district change, or it may change the zoning designation of a portion of such property, or it may initiate a request to consider changing all or a portion of such property to a zoning district other than that requested.
(Ordinance 1874, art. 2, § 200(N), adopted 3/22/1993)
§ 118-201 Purpose.
A special use permit is intended to provide flexibility by allowing certain types of uses in areas where special conditions may need to be considered to reduce adverse effects on adjacent or surrounding properties. A special use permit may be authorized for a specific site for an additional land use when such use is determined to not have adverse effect on surrounding properties and, when such use is consistent with the purpose of the zoning district.
(Ordinance 1874, art. 5, § 500(A), adopted 3/22/1993)
§ 118-202 Generally.
A special use permit shall constitute an amendment to this zoning chapter and shall be processed according to the procedures established for all amendments to this chapter. Special use permits will be issued to the site being considered and be subject to any time limitations imposed by the city council during the approval process.
(Ordinance 1874, art. 5, § 500(B), adopted 3/22/1993)
§ 118-203 Procedures.
(a)
Application.
The applicant requesting a special use permit shall submit a written application and furnish plans and data concerning the operation, location, function and characteristics of any use of the land or building being proposed. The planning and zoning commission may consider an application for a special use permit for a parcel of land in those districts established in the table of permitted uses, contained in division 3 of article V of this chapter. All applications for a special use permit shall be treated in the same manner as an amendment to this chapter as prescribed in division 5 of this article, amendments.
(b)
Special site plan requirements.
A site plan shall accompany every application for a special use permit. Such site plan shall include all the contents established for site plans contained in article III of this chapter, and such plan, when approved, shall be made a part of the amending ordinance.
(c)
Public hearing.
After a public hearing conducted by the planning and zoning commission and after receiving a recommendation from the planning and zoning commission, the city council shall conduct a public hearing to obtain citizen input.
(d)
Conditions related to approval.
Each special use permit application shall be evaluated by the planning and zoning commission and city council as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate. In considering an application for a special use permit, the planning and zoning commission shall review the following conditions associated with the proposed operation:
(1)
Setbacks for buildings or structures;
(2)
Public street access;
(3)
Drainage;
(4)
Vehicular traffic, circulation, parking lots or spaces;
(5)
Screening or buffer zones;
(6)
Hours of operation;
(7)
Activities and uses permitted on the property;
(8)
Building or structure heights;
(9)
Landscaping;
(10)
Maximum allowable lot coverage;
(11)
Pedestrian circulation;
(12)
Signs;
(13)
Mitigation of noise, fumes, odors, vibration, or airborne particles;
(14)
Exterior lighting;
(15)
Exterior construction materials;
(16)
Special fire protection measures;
(17)
Outside storage and display of merchandise;
(18)
Refuse and waste storage;
(19)
Lot sizes and dimensions;
(20)
Accessory buildings;
(21)
Other conditions or restrictions as shown on the site plan.
The planning and zoning commission may recommend safeguards or conditions of approval to reduce the effect on adjacent or surrounding properties. The city council may, in the public welfare and to ensure compliance with the intent of this chapter, require such development standards and safeguards as recommended by the planning and zoning commission. Applicants shall comply with the terms and conditions of the special use permit for the duration of the certificate of occupancy; noncompliance shall be considered a violation of this chapter.
(e)
Building permit compliance.
No building permit for any structure shall be issued, nor shall a certificate of occupancy be issued on any existing structure, until such development plans are consistent with the approved site plan and the conditions established for the special use permit. Building permits must be consistent with the site plan and must comply with design standards, policies, and any design criteria deemed necessary to the safety, health, and welfare of the city.
(f)
Grievances and appeals.
An aggrieved party may appeal the decision of the building official to the zoning board of adjustment in accordance with the provisions of this chapter.
(g)
Recording site plans.
The building official shall maintain a record of all site plans approved for a special use permit. A list of all approved special use permits shall be listed in the appendix which is on file in the city secretary's office.
(h)
Special use permit amendments.
Changes to any special use permit or to its approved site plan shall be processed in the same manner as the original approved request. Changes of detail within a site plan which do not alter the basic physical relationship of the property to adjacent property; do not alter the uses permitted; do not increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the building official.
(Ordinance 1874, art. 5, § 500(C), adopted 3/22/1993)
§ 118-204 Generally.
This section applies to any application required by article II, Administration. The intent of this section is to extinguish applications that become expired due to inaction by the applicant.
(Ordinance 3575, § 2, adopted 3/25/2019)
§ 118-205 Expiration of inactive applications.
(a)
Time limit.
All applications required by chapter 118 article II, Administration shall be reviewed by the enforcement officer as defined in section 118-1 of the Zoning Ordinance and by the development review committee (DRC). When action by an applicant is required for processing an application, e.g., revisions are requested after administrative review, the enforcement officer shall notify the applicant in writing and provide in such notice that the application shall expire 180 days after the date of the notice if:
(Ordinance 3575, § 2, adopted 3/25/2019)
§ 118-206 Effect of expiration.
An expired application shall become null and void, and shall not require any further notice or activity by the city. The enforcement officer will treat as a new submittal, any application for a property associated with an expired application, subject to the requirements in effect at the time of the most recent application filing.
(Ordinance 3575, § 2, adopted 3/25/2019)
§ 118-207 Extension of time.
The enforcement officer may grant an extension of time, for good cause shown, and based on good faith reasons as provided by the applicant. The application automatically expires after the extension period if no actions are taken on the application.
(Ordinance 3575, § 2, adopted 3/25/2019)
§ 118-208 Withdrawal.
Any proposal or application may be withdrawn by the applicant at any time.
(Ordinance 3575, § 2, adopted 3/25/2019)
§ 118-209 through § 118-240. (Reserved) [1]
[1]
Editor's note — Former § 118-204, which pertained to conditions requiring a CS special use permit and derived from Ordinance 1874, adopted 3/22/1993; Ordinance 2019, adopted 11/14/1994, was repealed by Ordinance 2910, 11/13/2006.