A.

The purpose of a site plan review is to ensure that the design and layout of certain developments permitted will constitute suitable development and will not result in a detriment to the neighborhood or the environment. All proposals for condominium units are subject to the provisions of this section, and no condominiums shall be erected or externally enlarged except in conformity with a site plan bearing an endorsement of approval from the board of aldermen.

B.

All applications for site plan review shall be made and processed in the same manner as provided for zoning amendments in Section 17.64.040. An applicant for site plan review shall file a copy of an application form and a site plan with the board of aldermen. Unless this requirement is waived by the board of aldermen, the site plan shall be prepared by a registered professional engineer or architect. The site plan shall include and be accompanied by the following items and information:

1.

The site plan shall show all existing and proposed buildings, existing and proposed contour elevations, structures, parking spaces, driveway openings, driveways, service areas, facilities for sewage, refuse and other waste disposal and for surface water drainage, and landscape features, such as fences, walls, planting areas, walks and lighting, both existing and proposed. The site plan shall also show the relation of the above features to adjacent ways and properties. The site plan shall also show all contiguous land owned by the applicant or by the owner of the property which is the subject of the application.

2.

The applicant shall submit such material as may be required regarding design features to integrate the proposed development into the existing landscape, to enhance aesthetic assets and to screen objectionable features from neighbors.

3.

The applicant shall submit such material as may be required regarding the projected traffic flow patterns into and upon the site for both vehicles and pedestrians, and an estimate of the projected number of motor vehicle trips to and from the site for an average day.

(Ord. 3637 § 3, 1998; prior code § 29-22)

A.

It is the duty of the person designated by the mayor as building official to administer and enforce the regulations contained in this title.

B.

It is unlawful to commence or proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, raising or moving of any building or structure, or of any portion thereof, without first having applied in writing to the building official for a building permit to do so, and until a building permit has been granted therefor.

(Prior code § 29-23)

A.

A board of adjustment is created. The word "board" when used in this section, shall be construed to mean the board of adjustment. The board shall consist of five members, who shall be residents of the city, appointed by the mayor and approved by the board of aldermen, each to be appointed for a term of five years; excepting that, when the board shall first be created, one member shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years and one for a term of one year. Three alternate members may be appointed to serve in the absence or disqualification of the regular members. All members and alternates shall be removable for cause by the mayor and board of aldermen upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term only of any member whose term becomes vacant. The board shall elect its own chairman and vice chairman who shall serve for one year.

B.

The board of adjustment shall adopt rules for the conduct of its business, establish a quorum and procedure and keep a public record of all findings, decisions and minutes of its meetings. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine, and all meetings shall be open to the public. Any meeting at which an appeal is to be heard shall be a public meeting with public notice of such meeting and business to be carried or published in a newspaper of general circulation in the city at least one time, seven days prior to the meeting, as well as due notice to the parties in interest. Upon the hearing, any party may appear in person or by agent or attorney. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

C.

An appeal may be taken to the board of adjustment by any person, group or organization, public or private, affected by a decision of the zoning administrator. Such appeal shall be taken within such time as prescribed by the board by general rule by filing with the zoning administrator a notice of appeal specifying the grounds thereof. A fee of forty dollars ($40.00) shall accompany all notices of appeals. The zoning administrator shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

D.

An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board of adjustment, after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application or notice to the zoning administrator and on due cause shown.

E.

The board of adjustment shall have the following powers:

1.

To hear and decide appeals, where it is alleged that there is an error in any order, requirement, decisions or determination made by the zoning administrator in the enforcement of this chapter, and may affirm or reverse, in whole or part, the decision of the zoning administrator;

2.

To hear and decide all matters referred to it or upon which it is required to pass under the provisions of this title;

3.

To hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the zoning ordinance would cause undue hardship, due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the zoning ordinance. The board of adjustment shall not permit, as a variance, any use in a district that is not permitted under this title. The board of adjustment may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property;

4.

To hold public hearings on and decide the following exceptions to or variations of this chapter:

a.

To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the time of the adoption of this title,

b.

Interpret the provisions of this title in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning district map, where the street layout on the ground varies from the street layout as shown on this map,

c.

Permit reconstruction of a nonconforming building otherwise prohibited by Section 17.56.020,

d.

Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, not generally prevalent in the neighborhood, which condition, when related to the yard regulations of this chapter, would prevent a reasonable or sensible arrangement of buildings on the lot,

e.

Vary the parking regulations by not more than fifty (50) percent, where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this title, or where it can be conclusively shown that adequate off-street parking to serve a particular use has been provided by or is controlled by the municipality.

F.

In exercising the above-mentioned powers, the board of adjustment may reverse or affirm wholly or partly, or may modify, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and to that end shall have all the powers of the zoning administrator. In considering all appeals to the provisions of this title, the board shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change in the zoning district map and will not impair an adequate supply of light and air to adjacent property; or increase congestion in public streets; or increase the danger of fire; or materially diminish or impair established property values within the surrounding area; or in any other respect impair the public health, safety, comfort, morals, and welfare of the city. Every change granted or denied by the board shall be accompanied by a written finding of fact, specifying the reason for granting or denying the variation. The decision of the board shall be acted upon and completed by the applicant within two years of the board's decision and any decision not acted upon and completed within two years of the board's decision shall be null and void. The decision of the board shall be made a part of any building permit in which the variation is allowed. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in this title.

G.

Any person or persons jointly or severally aggrieved by any decision of the board of adjustment, or any officer, department, board or bureau of the municipality, may present to the circuit clerk of Perry County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board of adjustment. Upon presentation of such petition, the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order. The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and materials to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence, or appoint a referee to take such evidence as it may direct, and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the board, unless it shall appear to the court that it acted with gross negligence, or in bad faith or with malice in making the decision appealed from.

(Ord. 4592 § 2, 2004; Ord. 3658 § 12, 1998; prior code § 29-24)

(Ord. No. 6447, § 1, 11-2-21)

No person who is a non-elected full-time or part-time employee of the city shall be appointed to or serve on the zoning board of adjustment.

(Ord. No. 6054, § 5, 7-3-18)

A.

The board of aldermen may, by ordinance on its own motion or on application, amend, supplement, change, modify or repeal the boundaries or zoning designation of districts established in this chapter, under the procedures provided in this chapter and following referral thereof to the planning and zoning commission in accordance with this section.

B.

Applications for district changes shall be filed in writing with the city clerk who shall place the application before the board of aldermen after determining that it is in proper form as provided in this chapter. All applications, except those proposed by the board of aldermen or the city planning and zoning commission, shall be accompanied by a publication fee and postage fee of one hundred dollars ($100.00) which is to be returned to the applicant only if such publication is not made. A copy of the application shall remain on file with the city clerk for public inspection until final action thereon.

C.

The board of aldermen or the city planning and zoning commission may provide forms for applications and may require applicants to provide plats and other documents or other information it may determine to be of value in acting upon the application. The board and planning commission may request the opinions and recommendations of other city boards and officers upon applications.

D.

Upon receipt of an application in proper form, the board of aldermen shall refer it to the planning and zoning commission. The board of aldermen may, by resolution, delegate the duty of such receipt and referral to the city administrator or similar official. The planning and zoning commission shall return the application to the board of aldermen with its recommendations relating thereto, and showing the number of votes for and against its action, and may include a summary of the reasons expressed for and in opposition thereto. The board of aldermen may set a date by which the recommendation shall be returned, no less than twenty (20) days from the date of such setting, and the board of aldermen may proceed without receipt of such recommendations in the absence of receipt by such date.

E.

The board of aldermen may reject an application without referring it to the planning and zoning commission and without publishing a notice of hearing if the application is made within two years of the board's rejection of a previous application seeking an amendment for the same or a larger or smaller included tract.

F.

If the planning and zoning commission recommends approval of an application in whole or in part, the board of aldermen shall set a public hearing, as provided in this section. If the planning and zoning commission recommends rejection of an application in full, the board of aldermen may set a public hearing, as provided in this section, upon its own motion; or the board of aldermen may, by motion, file such recommendation of rejection; and the application shall thereupon be deemed rejected, unless, within ten days from such filing, the applicant files a written request with the city clerk for a public hearing under this section or makes an oral request therefor at a regular or special meeting of the board of aldermen, whereupon the board of aldermen shall set such a public hearing. If the board of aldermen fails to approve an application in whole or in part within thirty-five (35) days after the public hearing, such application shall be deemed to have been rejected in full, unless the board of aldermen shall have expressly extended such time period prior to the expiration thereof.

G.

The board of aldermen may, by ordinance on its own motion or application, amend, supplement, change, modify or repeal the regulations or restrictions of districts established in this chapter, following the referral thereof to the planning and zoning commission, as provided in subsection D of this section.

H.

No amendment, supplement or change of the regulations or restrictions or boundaries of districts shall become effective until after the board of aldermen has held a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city. The board of aldermen may provide for the posting of notices of the hearing on the tract and for other means of notifying the public or interested persons of the proceedings.

I.

In case of an adverse report by the city planning and zoning commission, or if a protest against such proposed amendment, supplement, change, modification or repeal shall be presented in writing to the city clerk, duly signed and acknowledged by the owners of thirty (30) percent or more, either of the areas of land (exclusive of streets and alleys) included within such proposed change, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of two-thirds of all the members of the board of aldermen.

J.

In its action upon an application for change in district boundaries, the board of aldermen may grant a special use permit under Section 17.56.030, rather than the requested change in district boundaries, or may grant a change to a district which is intermediate in restrictiveness between the existing district and the requested district. However, no special use permit or change in district of this nature shall be granted, until the parties in interest have been notified by either public notice or certified mail that such permit or change is contemplated.

(Ord. 4592 § 3, 2004; prior code § 29-25)

(Ord. No. 5765, § 1, 6-7-16)

The owner or agent of a building or premises in or upon which a violation of any provision of this title has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist; or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation, or who maintains a building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor, punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues; but if the offense is wilful, on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) nor more than two hundred and fifty dollars ($250.00) for each and every day that such violation shall continue, or by imprisonment for ten days for each and every day such violation shall continue, or by both such fine and imprisonment, in the discretion of the court. Any such person, having been served with an order to remove any such violation, failing to comply with the order within ten days after such notice, or continuing to violate any provision of the regulations made under authority of this title in the respect named in such order, shall be subject to a civil penalty of two hundred fifty dollars ($250.00).

(Prior code § 29-26)