Palmer City Zoning Code
Division 13
Other General Matters
§ 9.03.381 Classification of new and unlisted uses.
It is recognized that new types of land uses will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such uses and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
(1)
The applicant shall refer the question of any new or unlisted use to the mayor and city council requesting an interpretation as to the zoning classification into which such use may be placed. Such request shall 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, the amount of noise, odor, fumes, toxic material and vibration likely to be generated and the general requirements for public utilities and sanitation collection.
(2)
The mayor and city council shall then 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. The same procedures should be followed as is required for any amendment, including the public notice and hearing requirements, when considering any zoning classification request for a new or unlisted land use.
(Ordinance 999, sec. 12-13-1, adopted 1/18/11)
§ 9.03.382 Nonconforming uses.
(a)
Nonconforming use or structure defined.
When a use or structure does not conform to the regulations prescribed in the district in which such use or structure is located and was in existence and lawfully operating prior to the adoption of any previous zoning ordinance and has been operating since without continuance or when on the effective date of this article, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provisions of any previous zoning ordinance or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which the use or structure is located, such use or structure shall be considered as a nonconforming use or structure.
(b)
Nonconforming lots of record.
In any district in which residential, commercial or industrial buildings are permitted, buildings may be erected on any single lot of record or multiple lots, provided there is access to such buildings or hoses [houses] and it is in the same ownership which uses recorded prior to the effective date of this article in the same ownership [sic]. This provision shall apply even though such lot or lots fail to meet the minimum requirements for area, width, or both, for such districts in which located; however, all other requirements shall still apply. Any required variances shall be obtained through the city council.
(c)
Expansions or enlargements prohibited.
(1)
No nonconforming use or structure may be expanded or increased beyond the lot or tract of land upon which such nonconforming use or structure is located after the passage of this article except to provide off-street loading or off-street parking space upon approval by the city council.
(2)
To avoid undue hardship, nothing in this article shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this article and upon which a building permit has been properly secured from the city. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
(d)
When discontinued conformance recorded.
The lawful use of a building or land existing at the date of enactment of this article, although such use does not conform to the provisions hereof, may be continued. However, if the nonconforming use is discontinued for a period of six (6) consecutive calendar months, it shall not thereafter be resumed and any future use of such building or land shall be in conformity with the provisions hereof.
(e)
Classification changes.
(1)
Whenever the nonconforming use of a structure is changed to a use of a more restrictive classification, such use shall not thereafter be changed to a use of a less restricted classification.
(2)
For the purpose of this regulation, uses permitted in “R-1” Districts shall be deemed to be those in the most restrictive zoning classification while industrial districts shall be the least restrictive.
(f)
When restoration allowed.
A nonconforming structure destroyed or damaged by fire, flood, wind, earthquake, explosion or other casualty, or by the public enemy, to the extent where the cost of restoration would amount to less than fifty percent (50%) of its assessed value may be restored. If the damage is in excess of fifty percent (50%) of its value or restoration is not started within a period of one (1) year and carried diligently to completion, application for restoration shall be made to the zoning board of adjustment to permit such restoration. Homeowners, as shown by the city tax records on the effective date of this article, shall be able to restore their property regardless of the extent of destruction, without making application to the city council. However, said restoration shall comply with all construction codes then in effect within the city.
(g)
Approved uses considered conforming.
Any conditional or special use which is permitted in a district only upon action of the city council shall, upon its establishment, be considered a conforming use in that district, provided that this regulation shall not be so interpreted as to waive any conditions of a specific use permit for such use.
(Ordinance 999, sec. 12-13-2, adopted 1/18/11)
§ 9.03.383 City council to act as zoning board of adjustment.
The governing body of the city may, by separate ordinance, dissolve the board of adjustment and act as the board of adjustment with all powers and duties provided by law.
(Ordinance 999, sec. 12-13-3, adopted 1/18/11)
§ 9.03.384 Amendments.
(a)
General.
The zoning regulations, restrictions and boundaries may be amended, supplemented, changed, modified or repealed. Such amendments, supplements, changes, modifications or repeal shall be deemed to amend, supplement, change, modify or repeal the comprehensive plan of the city and shall become a part of such comprehensive plan.
(b)
Filing requests for amendments.
(1)
All requests for amendments to zoning district boundaries and/or changes in land use shall be submitted, together with required fees to the city secretary, who shall cause notices to be sent and published and the petition to be placed on the council agenda. Requests for changes in zoning district uses or boundaries shall be made on forms provided by the city and shall include a clean clearly typed metes and bounds legal description of the total site area and other information sufficient to consider such request.
(2)
Any proposal or application for an amendment may be withdrawn by the applicant prior to consideration of such request by the city council. Any proposal or application withdrawn shall not be subject to the provision hereof that requires that a period of time must pass before it can be considered. Any proposal or application withdrawn may be resubmitted and shall be subject to all fees and notice requirements as an original proposal or application.
(c)
Notice and public hearing.
(1)
The city council may from time to time amend, supplement or change by ordinance the zoning regulations, restrictions or boundaries of the districts herein established after providing proper notice and holding public hearings before the planning and zoning commission and the city council.
(2)
Before the 10th day before the hearing date, written notice of the public hearing before the planning and zoning commission shall be sent to all owners of property located within 200 feet of the property to be rezoned. The notice may be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States mail. Thereafter, the planning and zoning commission shall make its final report to the city council.
(3)
Notice of the city council hearing on the zoning change shall be given by publication one time in the official newspaper of the city before the 15th day before the date of the hearing. The city council may not hold its public hearing on the zoning change until it receives the final report from the planning and zoning commission.
(Ordinance 999, sec. 12-13-4, adopted 1/18/11)
§ 9.03.385 Application not to be considered for sixty days after denial of request for rezoning.
No application for rezoning shall be considered within sixty (60) days of denial of a request by the city council for the same classification on the same property.
(Ordinance 999, sec. 12-13-5, adopted 1/18/11)
§ 9.03.386 Protest against change.
In case of a protest against such change signed by the owners of twenty percent (20%) or more either of the land included in such proposed change, or of the land within two hundred feet (200') thereof, such amendment shall not become effective except by the favorable vote of three-quarters (3/4th) of all the members of the city council present and qualified to vote.
(Ordinance 999, sec. 12-13-6, adopted 1/18/11)
§ 9.03.387 Council action on application.
The council may deny or approve the applicant’s request; or it may make a change to a more restrictive use.
(Ordinance 999, sec. 12-13-7, adopted 1/18/11)
§ 9.03.388 Site plan and supporting documents.
(a)
When, in the opinion of the planning and zoning commission or city council, additional information is required from the applicant the applicant may be requested to submit a site plan and supporting documents prior to rendering a decision thereon.
(b)
The applicant is encouraged to meet with the appropriate staff in informal work sessions, or called commission or council work sessions to ascertain the exact extent of plans and documents required, if any, prior to the city initiating the advertisement for public hearings.
(c)
An applicant may wish to provide, or may be required to furnish one or more of the following: copies of subdivision plats; topographic and drainage maps; site plan drawings showing existing and proposed zoning districts; information showing proposed treatment for screening both the land and the internal separations of land; proposed pedestrian paths, hike trails, bike trails; and equestrian bridle paths; vehicular circulation systems and the proposed handling of points of conflict.
(d)
The general type and extent of other plans and supporting documents that may be required include, but are not necessarily limited to:
(1)
Site plan: Meeting all of the requirements of a “preliminary plat,” as described in the city’s subdivision regulations, except that topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project’s petition. Additional site plan drawings or other information that the reviewing body may require include the following:
(A)
Existing and proposed zoning district;
(B)
General outline of extensive tree coverage;
(C)
Drainage ways and 100-year floodplain limits;
(D)
Proposed treatment for screening the perimeter of the land embraced by the petition, including screening of internal separations of land use, where required;
(E)
Proposed internal non-vehicular circulation linkages, such as: pedestrian paths and hike trails; bike trails; and equestrian bridle paths, where applicable, including their interrelationships with vehicular circulation systems and proposed handling of points of conflict.
(2)
A tabular summary schedule indicating:
(A)
The gross acreage and percent of each type of zoning category proposed;
(B)
The gross acreage and percent of each type of land use proposed, with streets and open space categories listed separately, and residential uses further stratified as to type, i.e., single-family, two-family, multi-family, townhouse, etc., including the total gross project acreage;
(C)
The gross residential density of each type of residential land use proposed, expressed in dwelling units per acre; and based on net residential land use plus one-half (1/2) of any abutting street only;
(D)
The quantitative number of dwelling units proposed for each residential dwelling type, i.e., single-family, two-family, etc.; and
(E)
Proposed maximum lot coverage by building types, i.e., “R-1,” “R-2,” “R-3,” “R-4,” “MF”, commercial, industrial, etc., expressed in terms of percent or floor area ratio of the lot or site.
(3)
Architectural drawings: Elevations, concept sketches, or renderings depicting building types and other significant proposed improvements, including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant’s land use and development proposals.
(4)
Written documents: In narrative form on 8-1/2" x 11" sheets, including the following:
(A)
Legal description of the total site area proposed for rezoning, development, or specific use permit.
(B)
Statements on planning objectives to be achieved, a narrative description of the character of the proposed development, [and] rationale behind the assumptions and choices made by the applicant including use and ownership of open spaces.
(C)
A development schedule indicating the approximate date(s) when construction of the proposed development and subsequent stages or phases thereof, if any, are expected to begin and be completed.
(D)
A statement as to the present and proposed ownership of the site or parcels thereof embraced by the application.
(E)
Economic feasibility and/or market analysis studies, when deemed necessary by the reviewing body to adequately assess the necessity for zoning certain parcels to the sizes indicated by the applicant, or to evaluate the need for granting a conditional use permit.
(F)
Environmental assessment statement, prepared pursuant to the National Environmental Policy Act of 1969, and any subsequent amendments thereto, when deemed necessary by the reviewing body to properly assess the impact of the proposed development/land use on the existing environment.
(G)
Statement(s) as to how and when the applicant proposes to provide water and sewer to the development.
(H)
Signature, title and date of the applicant, at the conclusion of the written documents certifying the information presented in the plans and supporting documents reflecting [reflects] a reasonably accurate portrayal of the general nature and character of the proposals.
(Ordinance 999, sec. 12-13-8, adopted 1/18/11; Ordinance adopting 2023 Code)