The provisions of this Ordinance are administered and enforced by the Director. This official has the right to enter upon any premises at any reasonable time prior to the issuance of Certificate of Occupancy for the purpose of making inspections of buildings or premises necessary in carrying out their duties in the enforcement of this Ordinance.

(Ord. No. 2249, (Att.), 12-16-24)

13.02.01.

Purpose. This section establishes the method for clarifying ambiguities in the text of this Ordinance and the zoning map.

13.02.02.

Authority. The Director may, subject to the procedures, standards, and limitations set forth in this Section, render interpretations of any provision of this Ordinance and the various uses in any district not expressly mentioned in this Ordinance.

13.02.03.

Procedure.

A.

Written Request for Interpretation. Except as provided below, a request for interpretation of any provision of this Ordinance or the zoning map must be submitted in writing to the Director. Each such request must set forth the specific provision to be interpreted, the facts of the specific situation giving rise to the request for an interpretation, and the precise interpretation claimed by the applicant to be correct.

B.

Application for Use Interpretation. Applications for a use interpretation must be submitted to the Director and must contain the information listed in the Appendix A-7.

C.

Within 30 days following the receipt of a complete application, a written interpretation is provided to the applicant within 30 days of. The specific precedent, reasons, and analysis on which such interpretation is based will be stated. The Director may refer interpretation requests to the Board for review and interpretation.

D.

The Director keeps a copy of each such interpretation on file and available for public inspection.

E.

Appeals on interpretations rendered by the Director may be taken to the Board as provided in Section 14.02, Administrative Appeals.

13.02.04.

Conditions on Use Interpretations. The following conditions govern use interpretations by the Director and by the Board, if the Director's decision is appealed:

A.

No use interpretation may permit any use in a particular district unless such use is substantially similar to other uses permitted in such district. If the proposed use is interpreted to be more similar to a conditional use than a permitted use in the applicable district, then it may only be approved as a conditional use in accordance with Section 12.05, Conditional Uses.

B.

No use interpretation may allow the establishment of any use that was previously considered and rejected by the Board.

C.

No use interpretation may permit a use that is interpreted to be more similar to a use prohibited in the district than to a permitted or conditional use.

D.

No use interpretation may permit any use in any district unless evidence is presented demonstrating that it will comply with the use limitations applicable to the use to which it is interpreted to be most similar.

13.02.05.

Any use permitted pursuant to this Section must fully comply with all requirements and standards imposed by this Ordinance.

13.02.06.

Effect of Favorable Use Interpretation. No use interpretation finding a particular use to be permitted or conditionally permitted in a specific district authorizes the establishment of such use or the development, construction, reconstruction, alteration, or moving of any structure, but merely authorizes application for any permits and approvals required by the City or other governmental agencies having jurisdiction.

13.02.07.

Limitations on Favorable Use Interpretations. No use interpretation finding a particular use to be permitted or conditionally permitted in a specified district supersedes any subsequent amendment to this Ordinance that differs from such interpretation.

(Ord. No. 2249, (Att.), 12-16-24)

13.03.01.

This Ordinance may be amended from time to time as follows:

A.

Initiation Procedures. A proposed change to zoning district boundaries or of regulations may be initiated by the Council, the Commission, the Director or by petition of an owner or their authorized agent, of property within the area proposed to be changed.

1.

Requests to rezone any property, or to change or modify the requirements imposed on a particular piece of property by the text and maps of this Ordinance, including requests for variances and conditional use permits, may be initiated by the City or by the owner of the subject property sought or their assigns.

2.

In the case where the applicant is not the owner of the subject property, the applicant must secure a notarized authorization from the property owner to act as applicant and a copy of the deed for the property.

3.

For property owners or their authorized agents, application for an amendment to this Ordinance or the Zoning Map must be made on forms furnished by the Department and must include a proper legal description of the subject lot or tract, if applicable. All required fees and any other information requested by the Director must be submitted with the application.

B.

Text Amendments. Any request to amend the text of this Ordinance must state the article, section, subsection, and paragraph sought to be amended and must contain the language of the proposed amendment and the reasons for such proposed change.

C.

Map Amendments.

1.

When a development proposal involves approval of a development plan or subdivision plat in addition to a zoning map amendment, no development plan or subdivision plat approval may be granted prior to approval of the map amendment. If a development plan or subdivision plat and a corresponding request for map amendment are to be addressed at the same public hearing, the Commission must render its recommendation on the map amendment before considering such development plan or subdivision plat. Such decision must be based on the policies and guidance of the Comprehensive Plan, the requirements of this Ordinance and the full range of uses permitted in the requested district, and not solely on the specific development concept proposed by the applicant.

2.

Any property annexed into the City will be assigned a zoning classification by the City Council, after a recommendation from the Commission, compatible with the intent of the Comprehensive Plan taking into consideration the existing use and zoning of adjoining land.

D.

Public Hearing. Upon application, the Commission will conduct a public hearing on the proposed amendment after giving notice as required by law. The Commission considers and makes recommendations on all proposed amendments, taking into account:

1.

The testimony at the hearing;

2.

A site inspection of the property in question;

3.

The Comprehensive Plan;

4.

The standards of Section 13.03.02 below.

13.03.02.

Standards for Map Amendments.

A.

No request, other than those made by the City, for a change in zoning classification or creation of a separate district will be considered which involves an area of less than two acres, except in the following cases:

1.

The extension of existing district boundaries

2.

The addition of O-I or C-2 zoning contiguous to existing commercial, mixed-use or manufacturing zones

3.

The zoning of an existing lot proposed to be annexed and surrounded by unzoned property.

B.

No rezoning of land to a Manufacturing District may be approved except on a specific and documented finding that:

1.

There is an inadequate supply of land zoned for these uses or the proposed use cannot be accommodated by those sites due to lack of transportation, water, or sewer, or that the market area to be served by the proposed use cannot be efficiently served by the location of existing Manufacturing Districts.

2.

Roads, floodplains, or other existing or planned features will ensure sufficient buffering to protect surrounding land and uses from the negative impacts of the proposed industrial use.

13.03.03.

Report of the Commission.

A.

The Commission will make a report to the Council regarding the proposed amendment, including findings on each of the following matters based on the evidence presented to it:

1.

The proposed amendment's ability to uphold the policies of the Comprehensive Plan.

2.

The suitability of the property in question for the uses permitted under the proposed zoning.

3.

The adequacy of public facilities and utilities.

B.

The Commission may not recommend the adoption of a proposed amendment unless it finds that the amendment is in the public interest and not solely for the interest of the applicant.

C.

Within 60 days of the hearing on the application, unless an extension of time is agreed to by the applicant, the Commission must submit its recommendation to the Council. Failure of the Commission to act within this time period is considered a recommendation for approval.

13.03.04.

Council Action.

A.

Proposed amendments are considered by the Council only after receipt of the Commission's recommendation and only after holding a public hearing on the matter.

B.

No amendment may be passed except by a majority vote of the members of the Council present.

13.03.05.

Limit On Initiation of Amendment Applications. No action may be initiated for an amendment to this Ordinance affecting the same parcel of land until six months has elapsed from the date of the previous Council decision, unless specifically authorized by the Council on the grounds that the circumstances relevant to the amendment request have changed significantly since the prior hearing.

(Ord. No. 2249, (Att.), 12-16-24)

13.04.01.

Any violation of any provision of this Ordinance constitutes a Class C misdemeanor. Each day such violation continues, after due notice to discontinue such violation, is considered a separate offense. Any and all parties who commit, participate in, assist in, or maintain such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained prevents the City from taking such other lawful action as is necessary to prevent or remedy any violation.

13.04.02.

Any person found to be in violation of this Ordinance shall, upon conviction, be subject to the penalty provisions prescribed in the General Penalty section (section 1-6) of the City Code, subject to the requirements for issuance of citations in section 2-267 of the City Code.

(Ord. No. 2249, (Att.), 12-16-24)