A.   Applicability: The common provisions of this section apply to all of the procedures in this chapter unless otherwise expressly stated.

   B.   Review And Decision-Making Authority (Summary Table): Table 15-1 of this section provides a summary of the review and approval procedures of this chapter. In the event of conflict between this summary table and the detailed procedures contained elsewhere in this chapter, the detailed procedures govern.

 

 

 

Notes:

   1.    Unless alternative site plan review procedure/decision-maker is established by City Council at time of development plan approval (see subsection 10-15-8C of this chapter).

   2.    Special notice requirements apply to minor special exceptions (see subsection 10-15-12E of this chapter).

   3.    Appeals of administrative decisions on site plans to the Planning Commission.

   C.   Applications And Fees:

      1.   Owner-Initiated Applications: Whenever the provisions of this UDO allow the filing of an application by the owner of the subject property, that application must be filed by all record title owners of the real properties that are the subject of the application or the property owners' authorized agent.

      2.   Pre-Application Meetings:

         a.   Purpose: Pre-application meetings provide an early opportunity for staff and applicants to discuss the procedures, standards and regulations required for development approval under this UDO.

         b.   Applicability: Pre-application meetings are required whenever the provisions of this UDO expressly state that they are required. They are encouraged in all cases.

         c.   Scheduling: Pre-application meetings must be scheduled with the Community Development Director.

         d.   Guidelines: The Community Development Director is authorized to establish guidelines for pre-application meetings, including information that should be provided and any available alternatives to face-to-face meetings, such as telephone conversations and email correspondence.

      3.   Form Of Application:

         a.   Applications required under this UDO must be submitted in a form and in such numbers as required by the official responsible for accepting the application. Applications must include materials and information to assist authorized review and decision-making bodies in their consideration of the application, including at least the following:

            (1)   A list of the names and addresses of all owners of record of the property that is the subject of the application; and

            (2)   Maps, plats, surveys, dimensioned site plans, engineering documents, environmental reports, traffic studies, and other materials and information, as required by this UDO or application checklists established by the official responsible for accepting the application. Application forms and submittal requirements must be made available to the general public.

      4.   Application Filing Fees And Notification Costs: All applications must be accompanied by the application fee that has been established by the City Council and by an amount to cover the costs of required public hearing notices and publication.

      5.   Application Completeness, Accuracy And Sufficiency:

         a.   An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information and is accompanied by the required application filing and notification fees.

         b.   The official responsible for accepting the application must make a determination of application completeness within ten (10) business days of application filing.

         c.   If an application is determined to be incomplete, the official responsible for accepting the application must provide notice to the applicant along with an explanation of the application's deficiencies. Notice of an incomplete application may be provided by personal service, electronic mail or first-class mail.

         d.   No further processing of incomplete applications will occur and incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the first available processing cycle. If the deficiencies are not corrected by the applicant within sixty (60) days, the application will be deemed to have been withdrawn.

         e.   Applications deemed complete will be considered to be in the processing cycle and will be reviewed by staff and other review and decision-making bodies in accordance with applicable review and approval procedures of this UDO.

         f.   The official responsible for accepting the application may require that applications or plans be revised before being placed on an agenda for possible action if the Community Development Director determines that:

            (1)   The application or plan contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with UDO requirements or other regulations;

            (2)   The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with UDO requirements or other regulations; or

            (3)   The decision-making body does not have legal authority to approve the application.

   D.   Application Processing Cycles: The Community Development Director and other officials responsible for accepting applications, after consulting with review and decision-making bodies, is authorized to promulgate reasonable cycles and timelines for processing applications, including deadlines for receipt of complete applications.

   E.   Public Hearing Notice:

      1.   Newspaper Notice: Whenever the procedures of this chapter require that newspaper notice be provided, the notice must be published in a newspaper of general circulation within the City of Pryor Creek.

      2.   Mailed Notice:

         a.   Whenever the procedures of this chapter require that notices be mailed, the notices must be sent by United States Postal Service first class mail.

         b.   Addresses must be based on property ownership information from the County Assessor's Office. When required notices have been properly addressed and deposited in the U.S. mail, alleged failure of a party to receive the mailed notice does not constitute grounds to invalidate any action taken.

      3.   Posted Notice:

         a.   Except as expressly stated in subsection E3b of this section, when the procedures of this chapter require that posted notice be provided, at least one notice sign must be posted on each public street frontage abutting the subject property in locations plainly visible to passers-by. If the subject application includes an area with more than one thousand feet (1,000') of street frontage on a single street, at least one sign must be posted for each one thousand feet (1,000') of street frontage or fraction thereof on that street.

         b.   When the City initiates a zoning map amendment in order to ensure consistency with its comprehensive plan or to implement land use and zoning policies in areas that require special attention due to topography, geography, or other distinguishing features, such as floodplain, drainage, historic preservation, or blight, the Community Development Director is authorized to designate the number and location of posted notice signs. The locations must be within the area proposed for rezoning, be plainly visible to passers-by and provide reasonable posted notice.

      4.   Content Of Notice: All required public hearing notices must:

         a.   Indicate the date, time and place of the public hearing that is the subject of the notice;

         b.   Describe any property involved in the application by map, street address or by legal description, provided that a map must be included in the newspaper notice for any zoning map amendment;

         c.   Describe the action sought in the application or proposal;

         d.   Identify who will conduct the hearing; and

         e.   Indicate where additional information on the matter can be obtained.

      5.   Constructive Notice:

         a.   Minor defects in required notices will not be deemed to impair the notice or invalidate proceedings pursuant to the notice. Minor defects in notice are limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. If questions arise at the hearing regarding the adequacy of notice, the hearing body must make a formal finding about whether there was substantial compliance with the notice requirements of this UDO.

         b.   When the records of the City document the publication, mailing, and posting of notices as required by this chapter, required notice of the public hearing will be presumed to have been given.

      6.   Courtesy Notice:

         a.   In addition to otherwise required notices of public hearings, the Community Development Director must endeavor to provide one or more of the following forms of additional courtesy notice of public hearings required under this UDO:

            (1)   Mailing notices to registered neighborhood and resident organizations whose boundaries include or are abutting the subject property;

            (2)   Posting notices in City Hall or in other government buildings; or

            (3)   Publishing notice on the City or Planning Commission website.

         b.   Failure to provide any form of courtesy notice that is not required under this UDO or any defect in courtesy notice that is provided does not invalidate, impair, or otherwise affect any application, public hearing or decision rendered in respect to the matter under consideration.

   F.   Hearing Procedures:

      1.   At required public hearings, interested persons must be permitted to submit information and comments, verbally or in writing. The hearing body is authorized to establish reasonable rules and regulations governing the conduct of hearings and the presentation of information and comments.

      2.   Once commenced, a public hearing may be continued by the hearing body. No re-notification is required if the continuance is set for specified date and time and that date and time is announced at the time of the continuance.

      3.   If a public hearing is continued or postponed for an indefinite period of time from the date of the originally scheduled public hearing, new public hearing notice must be given before the rescheduled public hearing. If the applicant requests and is granted a continuance or postponement requiring renotification, the applicant must pay any costs of renotification.

   G.   Action By Review Bodies And Decision-Making Bodies:

      1.   In taking action under the procedures of this chapter, review and decision-making bodies must act by simple majority vote of a quorum, unless otherwise expressly stated.

      2.   Review and decision-making bodies may take any action that is consistent with:

         a.   The regulations of this UDO;

         b.   Any rules or by-laws that apply to the review or decision- making body; and

         c.   The notice that was given.

      3.   In acting on zoning map amendments, review and decision-making bodies are expressly authorized to recommend and approve a less intensive zoning district classification than the zoning district that was described in required public notices (see definition of "less intensive zoning district" in section 10-20-15 of this title).

      4.   Review and decision-making bodies are authorized to continue a public hearing or defer action in order to receive additional information or further deliberate.

   H.   Conditions Of Approval: When the procedures of this chapter authorize approval with conditions, review bodies, including staff, are authorized to recommend conditions and decision-making bodies are authorized to approve the subject application with conditions. Any conditions recommended or approved must relate to a situation likely to be created or aggravated by the proposed use or development and must be roughly proportional to the impacts of the use or development.

   I.   Decision-Making Criteria; Burden Of Proof Or Persuasion: Applications must address relevant review and decision-making criteria. In all cases, the burden is on the applicant to show that an application or proposal complies with all applicable review or approval criteria.

   J.   Required Time-Frames For Action: Any time limit specified in this UDO for any decision or action on behalf of a review or decision-making body may be extended if the applicant agrees to an extension. Unless otherwise expressly stated, if a review or decision-making body does not render a decision or take action within any time period required under this UDO and the applicant has not agreed to an extension of that time limit, the application is deemed denied. (Ord. 2018-16, 12-4-2018)

   A.   Authority To File: Amendments to the text of this UDO may be initiated only by the City Council, Planning Commission or Community Development Director.

   B.   Review And Recommendation - Community Development Director: The Community Development Director must prepare a report and recommendation on the proposed UDO text amendment. The report must be transmitted to the Planning Commission before its public hearing on the proposed amendment.

   C.   Notice Of Hearing: Notice of the Planning Commission's required public hearing on a UDO text amendment must be published in the newspaper at least fifteen (15) days before the scheduled public hearing (see subsection 10-15-1E of this chapter for additional information on newspaper notices).

   D.   Hearing And Recommendation - Planning Commission: The Planning Commission must hold a public hearing on the proposed UDO text amendment. Following the close of the public hearing, the Planning Commission must act to recommend that the proposed text amendment be approved, approved with modifications, or denied and transmit its report and recommendations to the City Council. Motions to approve, approve with modifications or deny zoning text amendments may be approved by a simple majority vote. If the Planning Commission arrives at a tie vote, the application may be forwarded to the City Council with the notation of the tie vote.

   E.   Final Action - City Council: Following receipt of the Planning Commission's report and recommendation, the City Council must hold a public hearing and act to approve the proposed UDO text amendment, approve the proposed text amendment with modifications or deny the proposed text amendment. The City Council is also authorized to remand the proposed text amendment back to the Planning Commission for further consideration. Development ordinance text amendments may be approved by a simple majority vote.

   F.   Review And Approval Criteria: The decision to amend the UDO text is a matter of legislative discretion that is not controlled by any one standard. In making recommendations and decisions about zoning text amendments, review and decision-making bodies must consider all relevant factors, including at least the following:

      1.   Whether the proposed text amendment is in conformity with the policy and intent of the comprehensive plan; and

      2.   Whether the proposed UDO text amendment corrects an error or inconsistency or is necessary or desirable to meet the challenge of a changed or changing condition. (Ord. 2018-16, 12-4-2018)

   A.   Authority To File: Amendments to the zoning map may be initiated only by the City Council, the Planning Commission, the owner of the real property that is the subject of the proposed zoning map amendment or by the property owner's authorized agent.

   B.   Application Filing: Property owner-initiated applications for zoning map amendments must be filed with the City Clerk. Property owners have the option of filing applications for zoning map amendments with or without a development plan. If the applicant elects to submit a development plan concurrently with a zoning map amendment application, the development plan procedures of section 10-15-7 of this chapter govern review and approval of the development plan.

   C.   Review And Recommendation - Community Development Director: Following receipt of a complete zoning map amendment application or initiation of zoning map amendment by the Planning Commission or the City Council, the Community Development Director must prepare a report and recommendation on the proposed zoning map amendment. The report must be transmitted to the Planning Commission before its public hearing on the proposed amendment.

   D.   Notice Of Hearing: Notice of the Planning Commission's required public hearing on a zoning map amendment must be provided as follows (see subsection 10-15-1E of this chapter for additional information on required newspaper, mail and posted notices):

      1.   Newspaper Notice: Notice must be published in the newspaper at least fifteen (15) days before the scheduled public hearing.

      2.   Mailed Notice: Notice must be mailed to all owners of property included within the area that is the subject of the proposed zoning map amendment and all owners of property within three hundred feet (300') of the subject property at least fifteen (15) days before the scheduled public hearing. Mailed notice is not required for City-initiated rezonings proposed as a means of revising the comprehensive plan or official map or designating areas that require specific land use development due to topography, geography or other distinguishing features, including but not limited to floodplain, drainage and blighted areas.

      3.   Posted Notice: Notice (signs) must be posted at least fifteen (15) days before the scheduled public hearing.

   E.   Hearing And Recommendation - Planning Commission:

      1.   Following receipt of a complete application for a zoning map amendment or initiation of a zoning map amendment by the Planning Commission or City Council, the Planning Commission must hold a public hearing on the proposed amendment. Following the close of the public hearing, the Planning Commission must act to recommend that the proposed amendment be approved, approved with modifications, or denied.

      2.   A property owner-initiated application recommended for denial by the Planning Commission may not be considered further unless the applicant, within fifteen (15) days of the date of the Planning Commission's action, files a written request with the City Clerk and the Recording Secretary of the Planning Commission for a public hearing by the City Council. The request for hearing must be accompanied by the payment of the required filing fee. Upon notice of a request for a public hearing before the City Council, the Planning Commission must transmit the application and its report and recommendations to the City Council.

      3.   Motions to approve, approve with modifications or deny zoning map amendments may be approved by a simple majority vote. If the Planning Commission arrives at a tie vote, the application must be forwarded to the City Council with the notation of the tie vote.

   F.   Final Action - City Council:

      1.   Following receipt of the Planning Commission's recommendation, the City Council must hold a public hearing on the application and act to approve the proposed zoning map amendment, approve the proposed amendment with modifications, including approval of a less intensive zoning district, or deny the proposed amendment. The City Council is also authorized to remand the proposed zoning map amendment back to the Planning Commission for further consideration.

      2.   Zoning map amendments may be approved by a simple majority vote, except as stated in subsection G of this section.

   G.   Protest Petitions:

      1.   If a valid protest petition is filed against any proposed zoning map amendment, passage of the zoning map amendment requires a favorable vote of three-fourths (3/4) of the members of the entire City Council.

      2.   A protest petition will be deemed valid if it is signed and acknowledged by the owners of twenty percent (20%) or more of the area of the lots included in the proposed zoning map amendment or by the owners of fifty percent (50%) or more of the area of the lots within three hundred feet (300') of the area included in the proposed zoning map amendment and if it meets the other regulations of this subsection G.

      3.   A written protest petition opposing a zoning map amendment must be submitted to the Community Development Director at least three (3) business days before the City Council's vote.

      4.   The protest petition must state that it is a formal protest of the proposed zoning map amendment and include the street address of subject property.

      5.   Persons signing the protest petition must be at least eighteen (18) years of age and must hold record title to their properties, as shown in the land records of the Mayes County Clerk. If a lot is owned jointly by more than one owner, all owners must sign the protest petition. If a lot is owned by a trust, the trustee must sign, noting that he or she signs "as trustee". If there is more than one trustee, and no single trustee is authorized to sign, then all the trustees must sign. If a lot is owned by a corporation, the president or a vice-president or the chair or vice chair of the board of directors, must sign. If a lot is owned by a limited liability company, a manager must sign. If a lot is owned by any other legal entity, the person signing the protest petition must be someone authorized by that entity to convey title to land.

      6.   Persons signing the protest petition must indicate the street address of the lot owned. If no street address is assigned, a legal description (lot and block of a subdivision, metes and bounds description of unplatted tracts) or a map must be provided.

      7.   If a protest petition contains multiple signature pages, each page must contain the same protest language. Signatures must be accompanied by the legibly printed or typed name of the person signing. The name of the person signing must be the same as the name of that person as shown in the land records of the Mayes County Clerk.

      8.   A protest petition may not be amended, supplemented or corrected after the deadline for filing the petition.

   H.   Review And Approval Criteria: The decision to amend the zoning map is a matter of legislative discretion that is not controlled by any single standard or criterion. In making recommendations and decisions on zoning map amendments, review and decision- making bodies must consider all relevant factors, including at least the following:

      1.   Whether the proposed zoning map amendment is consistent with the policy and intent of the comprehensive plan; and

      2.   Whether the proposed zoning map amendment corrects an error or inconsistency or is necessary or desirable to meet the challenge of a changed or changing condition. (Ord. 2018-16, 12-4-2018)

   A.   Applicability: The subdivision review and approval procedures of this section must be followed for all land divisions that will result in the creation of four (4) or more lots.

   B.   General Process:

      1.   The subdivision review and approval process is a multi-step process requiring:

         a.   Pre-application meeting;

         b.   Preliminary plat;

         c.   Infrastructure plans; and

         d.   Final plat.

   C.   Pre-Application Meeting: A pre-application meeting is required to be held before or concurrently with the submittal of an application for preliminary plat approval. (See subsection 10-15-1C2 of this chapter for additional information on pre- application meetings.)

   D.   Preliminary Plat:

      1.   Application Submittal: Applications for preliminary plat approval, including the preliminary plat, must be submitted to the Community Development Director.

      2.   Review And Distribution To Review Agencies - Community Development Director:

         a.   Upon receipt of a complete application for preliminary plat approval, the Community Development Director must review the preliminary plat for compliance with these and other applicable regulations.

         b.   The Community Development Director is authorized to distribute relevant application documents to review agencies and specify a date by which review agency comments must be received if they are to be incorporated into the comments provided to the applicant and the Planning Commission.

         c.   The Community Development Director must notify the applicant of all review agencies on the preliminary plat distribution list.

      3.   Agency Review Meeting:

         a.   The Community Development Director must work with review agencies to integrate all review comments into a single comprehensive written summary, including the name of agency contact from whom the comment was received. The written summary must be submitted to the applicant at least twenty four (24) hours before the agency review meeting at which the matter will be discussed.

         b.   An agency review meeting must be held to allow applicants the opportunity to discuss review comments and recommendations with representatives from reviewing agencies.

         c.   Following the agency review meeting, the Community Development Director must prepare a recommendation and provide the recommendation and agency review comments to the Planning Commission.

      4.   Hearing And Decision - Planning Commission:

         a.   Following receipt of a recommendation and agency review comments from the Community Development Director, the Planning Commission must hold a public hearing on the preliminary plat application.

         b.   Notice of the Planning Commission's required public hearing on a preliminary plat must be mailed at least ten (10) days before the date of the hearing to all owners of property abutting the property that is the subject of the preliminary plat application (see subsection 10-15-1E of this chapter for additional information on required notices).

         c.   Approval of a preliminary plat requires a simple majority vote.

         d.   The Planning Commission must act on preliminary plats within sixty (60) days of the date of the public hearing at which the preliminary plat application was first considered unless the applicant agrees to an extension of time for Planning Commission action. If approval is denied, the Planning Commission must state the reasons for denial, which must be included in the official minutes of the meeting.

         e.   If the Planning Commission fails to act on the preliminary plat application within the time required, including any extension agreed to by the applicant, the preliminary plat is deemed approved.

         f.   The Planning Commission's action must be based on whether the proposed preliminary plat complies with all applicable regulations, other than those regulations for which a modification is expressly approved by the Planning Commission in accordance with section 10-15-6 of this chapter.

         g.   If the preliminary plat is approved with conditions, the final plat and any other required submittals related to the subdivision review process must demonstrate compliance with the imposed conditions. The Planning Commission is also authorized to require the applicant to submit a revised preliminary plat that complies with the imposed conditions.

      5.   Effect Of Approval: Upon approval of the preliminary plat, the applicant may proceed with submittal of the required infrastructure plans and final plat.

      6.   Lapse Of Approval:

         a.   Except as otherwise expressly stated in these regulations, an approved preliminary plat remains valid and effective for two (2) years from the date of approval by the Planning Commission. If final plat approval has not occurred within this 2-year period, preliminary plat approval lapses and is of no further effect, unless the subdivision is to be built in phases, and a phasing plan was approved by the Planning Commission as part of the preliminary plat approval. If a phasing plan is approved, the expiration date of the preliminary plat will be governed by the time periods approved by the Planning Commission as part of the phasing plan.

         b.   The Planning Commission is also authorized to rescind approval of a preliminary plat prior to approval of a final plat if the commission determines that information provided by the applicant and upon which the approval or conditional approval was based, was false or misleading.

      7.   Extension Of Preliminary Plat Approval:

         a.   The Planning Commission is authorized to approve one or more extensions of preliminary plat approval for a maximum of one year per extension. Extension requests must be considered in a public hearing.

         b.   Applicants must file extension requests with the Community Development Director before the preliminary plat approval lapses.

         c.   Notice of the Planning Commission's public hearing must be provided in accordance with the notice requirements that apply to preliminary plats (see subsection D4b of this section).

         d.   The Planning Commission's decision on a preliminary plat extension request must be based on the following criteria:

            (1)   Whether circumstances affecting the timing of final plat approval have changed and are beyond the control of the applicant;

            (2)   Whether the applicant can meet the new deadline despite the changed circumstances;

            (3)   Whether all aspects of the Planning Commission's original decision to approve the preliminary plat will continue to be valid if the extension is granted;

            (4)   Whether any significant changes in or near the area included in the preliminary plat have occurred or are expected to occur within the extension period that would change the evaluation of the preliminary plat; and

            (5)   Whether planning and provision of public facilities and services in the area will be disrupted if the extension is granted.

         e.   In approving an extension request, the Planning Commission is authorized to impose conditions and to impose updated engineering and construction requirements as deemed necessary to protect the public interest.

   E.   Infrastructure Plans:

      1.   Application Submittal: Before any construction occurs and before the final plat is approved, proposed infrastructure plans and engineering data addressing hydrology, hydraulics, grading, water distribution, sewage collection, stormwater management and paving must be submitted to the City for review and approval.

      2.   Review And Approval:

         a.   Review agencies must review proposed infrastructure plans for compliance with the preliminary plat and all applicable regulations and standards. Applicants must revise and resubmit plans for review, as necessary to address review agency comments.

         b.   Once all applicable requirements have been met, the proposed infrastructure plans must be approved.

   F.   Final Plat:

      1.   Application Submittal: Applications for final plat approval, including the final plat must be submitted to the Community Development Director following Planning Commission approval of the preliminary plat and before such approval lapses (see subsection D6 of this section).

      2.   Intake And Distribution To Review Agencies: Upon receipt of a complete final plat application, the Community Development Director must certify the submittal date, identify the review agencies to whom the final plat application must be distributed and distribute application documents to those review agencies. The Community Development Director must notify the applicant of all agencies and individuals on the review agency distribution list.

      3.   Review And Action - Community Development Director:

         a.   The Community Development Director must review the final plat to determine if:

            (1)   It is in conformance with the approved preliminary plat and any conditions of preliminary plat approval;

            (2)   It complies with these and other applicable regulations; and

            (3)   All applicable release letters, certificates and other documents evidencing review agencies' determination of final plat compliance or approval have been received.

         b.   If the Community Development Director determines that the final subdivision plat shows no revisions or only minor deviations from the approved preliminary plat and complies with all applicable regulations, the Community Development Director is authorized to approve the final plat on behalf of the Planning Commission. The Community Development Director is also authorized to forward the final plat to the Planning Commission for review and final decision. Applicants may elect to request that the final plat be forwarded to the Planning Commission for a final decision, including reversal of the decision of the Community Development Director.

         c.   Minor deviations from approved preliminary plats are deemed to be those that involve insignificant shifts in street and open space locations, minor changes to lot size, minor shifts in lot lines; and other changes that do not alter the general layout and intensity of the subdivision or have a significant impact on proposed or existing infrastructure. All other deviations from the approved preliminary plat, including revisions that are determined by the Community Development Director to constitute a public interest, are deemed to be major revisions.

         d.   If the final plat includes major deviations from the approved preliminary plat, a revised preliminary plat must be submitted in accordance with the procedures of subsection D of this section.

      4.   Planning Commission Action:

         a.   The Planning Commission is not required to review and act on final plats unless:

            (1)   The applicant requests review and action by the Planning Commission or reversal of the Community Development Director's decision on the final plat; or

            (2)   The Community Development Director elects to forward the final plat to the Planning Commission, without acting on the plat.

         b.   Following receipt of a final plat application from the Community Development Director, the Planning Commission must review the final plat and the report and recommendation of the Community Development Director and act to grant final approval, conditional approval (upon receipt of applicable release letters and other documents evidencing review agencies' determination of compliance) or deny approval of the final plat.

         c.   The Planning Commission must act on final plats within forty five (45) days of the date of the public meeting at which the final plat application was first considered unless the applicant agrees to an extension of time for Planning Commission action. If approval is denied, the Planning Commission must state the reasons for denial, which must be included in the official minutes of the meeting.

         d.   If the Planning Commission fails to act on the final plat application within the time required, including any extension agreed to by the applicant, the final plat is deemed approved.

         e.   Action on final plats requires a simple majority vote of the Planning Commission.

         f.   The Planning Commission's action must be based on whether the final plat is in conformance with the approved preliminary plat, including any conditions of approval and whether it complies with all applicable regulations, other than those regulations for which a modification is expressly approved by the Planning Commission in accordance with section 10-15-6 of this chapter.

      5.   Endorsements:

         a.   A final plat is not deemed to have been finally approved and may not be recorded until all requirements of final plat approval have been met and the following endorsements are recorded on the face of the plat:

            (1)   The Community Development Director on behalf of the Planning Commission;

            (2)   The City Engineer;

            (3)   The Mayor; and

            (4)   The City Attorney.

      6.   Required Improvements: If the applicant elects to install required improvements before recording the plat, approval of the improvements may not be endorsed on the plat until all conditions of the approval have been satisfied and all improvements satisfactorily completed. Evidence that required improvements have been satisfactorily completed must be provided in the form of certificates signed by the City Engineer.

      7.   Performance Guarantees And Security: If the applicant elects to provide performance guarantees and security instead of installing required improvements before recording the plat, approval may not be endorsed on the plat until:

         a.   All conditions of the approval pertaining to the final plat have been satisfied;

         b.   An agreement to install required improvements has been executed and delivered to the Planning Commission; and

         c.   All applicable requirements of section 10-13-15 of this title have been met.

      8.   Release Of Final Plat; Recording: After the final plat has received all required endorsements, the Community Development Director must provide a signed copy to the applicant. The applicant is responsible for recording the official, signed final plat with the County Clerk and for providing evidence of recordation to the Community Development Director. No lot proposed to be created through the subdivision process may be sold or offered for sale until a final plat of the subdivision has been released by the Community Development Director and recorded in the Office of the County Clerk. (Ord. 2018-16, 12-4-2018)

   A.   Applicability:

      1.   The procedures of this section may be used instead of the subdivision procedures for all:

         a.   Lot splits, which are non-exempt land divisions of platted or unplatted property resulting in the creation of no more than three (3) lots, including the parent tract and any remainders; and

         b.   Lot line adjustments, which combine multiple, existing abutting lots into a single lot or alter the boundary between or reconfigure the shapes of existing abutting lots without creating more lots than existed before the lot line adjustment occurred.

      2.   The procedures of this section may not be used for and no application may be approved by the Community Development Director or the Planning Commission if approval of the application would result in the creation of four (4) or more lots from the parent tract, as calculated cumulatively for the 5-year period immediately preceding the submittal date of the lot split/adjustment application.

      3.   Lots created by platting are deemed to create new parent tracts.

   B.   Application Submittal: Lot split and adjustment applications must be submitted to the Community Development Director.

   C.   Review Of Application:

      1.   Upon receipt of a complete application for lot split/adjustment approval, the Community Development Director must review the proposal to determine whether it complies with these and other applicable regulations.

      2.   The Community Development Director is authorized to distribute relevant lot split/adjustment application documents to review agencies and specify a date by which review agency comments must be received if they are to be considered in the action on the proposed lot split/adjustment.

      3.   The Community Development Director must notify the applicant of all review agencies on the lot split/adjustment distribution list.

      4.   The Community Development Director is authorized to call an agency review meeting to allow applicants the opportunity to discuss review comments and recommendations with representatives from reviewing agencies. The Community Development Director must work with review agencies to integrate all review comments into a single comprehensive written summary. The written summary must be submitted to the applicant at least twenty four (24) hours before any agency review meeting at which the matter will be discussed.

   D.   Type 1 Lot Splits/Adjustments (Community Development Director Action):

      1.   Type 1 lot splits/adjustments are those that do not include any modifications of these regulations.

         a.   The Community Development Director is authorized to review and take final action on type 1 lot split/adjustment applications, in accordance with the procedures of this subsection D.

         b.   If, after review of a proposed type 1 lot split/adjustment, the Community Development Director determines that the proposed lot split/adjustment complies with all applicable regulations and approval criteria and requires no modifications, the Community Development Director must approve the lot split/adjustment application. Otherwise, the Community Development Director is authorized to approve the type 1 lot split/adjustment with conditions or deny approval of the type 1 lot split/adjustment application.

      2.   In lieu of acting on a type 1 lot split/adjustment application in accordance with subsection D1b of this section, the Community Development Director is authorized to forward the lot split/adjustment application, a recommendation and any agency review comments to the Planning Commission for final review and decision in a public meeting.

      3.   The Planning Commission is not required to review and act on type 1 lot split/adjustment applications unless:

         a.   The applicant requests review and action by the Planning Commission or reversal of the Community Development Director's decision on the lot split/adjustment; or

         b.   The Community Development Director elects to forward the lot split/adjustment to the Planning Commission, without acting on the application.

      4.   Lot split/adjustment applications requiring review and action by the Planning Commission must be processed in accordance with the type 2 lot split/adjustment procedures of subsection E of this section.

   E.   Type 2 Lot Split/Adjustments (Planning Commission Action):

      1.   The type 2 lot split/adjustment procedures of this subsection must be followed for all lot split/adjustment applications that:

         a.   Include one or more requested modifications of these regulations; and

         b.   Lot split/adjustment applications that are forwarded to the Planning Commission in accordance with subsection D3 of this section.

      2.   Type 2 lot split/adjustment applications require review and action by the Planning Commission in a public hearing, in accordance with the procedures of this subsection E.

      3.   Following receipt of a recommendation from the Community Development Director, including any agency review comments, the Planning Commission must hold a public hearing on the lot split/adjustment application.

      4.   Notice of the Planning Commission's required public hearing on a type 2 lot split/adjustment must be mailed at least ten (10) days before the date of the hearing to all owners of property abutting the property that is the subject of the lot split/adjustment application (see subsection 10-15-1E of this chapter for additional information on required notices).

      5.   Following the public hearing, the Planning Commission must act to approve the lot split/adjustment, approve the lot split/adjustment with conditions or deny approval of the lot split/adjustment. If approval is denied, the Planning Commission must state the reasons for denial, which must be included in the official minutes of the meeting.

      6.   Approval of all type 2 lot split/adjustments requires an affirmative vote of at least a simple majority of the members of the Planning Commission who are present and voting.

      7.   The Planning Commission's action must be based on whether the proposed lot split/adjustment complies with all applicable regulations, other than those regulations for which a modification is expressly approved by the Planning Commission in accordance with section 10-15-6 of this chapter.

      8.   If a modification is approved or conditionally approved, the Planning Commission must state the reasons for approval of the modification and include the reasons in the official minutes of the meeting.

      9.   If a type 2 lot split/adjustment is approved with conditions, the Planning Commission is authorized to require the applicant submit revised documents that demonstrate compliance with the imposed conditions.

   F.   Review And Approval Criteria: Review and final action on all proposed type 1 and type 2 lot split/adjustments must be based on whether the proposed lot split/adjustment complies with the following review and approval criteria, as applicable:

      1.   Zoning:

         a.   All lots resulting from the lot split/adjustment will comply with all applicable zoning district regulations or come closer to complying with applicable zoning district regulations and create no new nonconformities; and

         b.   The lot line adjustment will not result in a single lot being included in multiple zoning districts, unless expressly approved as a modification (section 10-15-6 of this chapter).

      2.   Access, Streets And Trails:

         a.   When lots proposed to be split contain areas that do not comply with the street right-of-way requirements, the lot split/adjustment may not be approved, except upon a finding that one or more of the following conditions are met:

            (1)   Adequate assurances are in place to ensure that the needed right-of-way is dedicated;

            (2)   All utilities are already in place or the additional right- of-way is not required for utility placement;

            (3)   The public has, by statutory easement or suitable roadway dedication, right-of-way sufficient to allow the placement of pavement of a width necessary to meet the requirements applicable to the particular street and sidewalk involved; or

            (4)   Existing structures are located within the proposed right-of- way.

         b.   When the comprehensive plan or an adopted trails plan identifies the need for a trail on the subject property, the decision-making body is expressly authorized to condition approval of the lot split/adjustment on the dedication of a trail easement.

      3.   Flood Protection: The regulations of section 10-13-7 of this title apply to all portions of a proposed lot split/adjustment located in a flood hazard area.

   G.   Approval And Recordation:

      1.   Lot Splits:

         a.   If a lot split application is approved, a certification must be affixed to the instrument of transfer. The certification must include notice of the conditions stated in subsection A2 of this section and be signed by the Planning Commission Chair, another Planning Commission officer or the Community Development Director.

         b.   The applicant is responsible for recording the certified instrument of transfer with the County Clerk, as an official document that will be contained in the abstract of the subject property. The applicant must provide the Community Development Director with evidence of recordation. The lot split approval lapses and is of no further effect if the conveyance is not recorded within two (2) years of the date of approval of the lot split. The Planning Commission is authorized to approve an extension of the time frame for recording if an extension request is filed by the applicant before the approval lapses (within the 2-year timeframe).

      2.   Lot Line Adjustments:

         a.   If a lot line adjustment is approved, the Community Development Director must issue a certificate of compliance for lot line adjustment and affix a certification to the lot line adjustment declaration. The property description on the certificate must describe the reconfigured parcel or parcels, which will then be recognized by the City as legal lots. The certification must be signed by the Planning Commission Chair, another Planning Commission officer or the Community Development Director.

         b.   The applicant is responsible for recording the signed certificate of compliance for lot line adjustment and certified lot line adjustment declaration with the County Clerk, as an official document that will be contained in the abstract of the subject property. The applicant must provide the Community Development Director with evidence of recordation. The lot line adjustment approval lapses and is of no further effect if the lot line adjustment declaration is not recorded within two (2) years of the date of approval of the lot line adjustment.

   H.   Effect Of Approval Of Lot Line Adjustments:

      1.   After approval and recordation of an executed lot line adjustment declaration, any combined lots will be considered a single lot for the purposes of complying with applicable zoning and subdivision regulations.

      2.   The owner of any combined lot resulting from a lot line adjustment may not sell, convey or mortgage any of the lots comprising the combined lot separate and apart from any of the other lots unless a land division is approved in accordance with these regulations.

      3.   Any attempted sale, conveyance or mortgage of lots within any combined lots separate and apart from any of the other lots within the combined lot is void.

      4.   The covenants within the lot line adjustment declaration run with the title to the subject lots and are binding on all parties having or acquiring any right, title or interest in any part thereof.

      5.   Lot line adjustments are for and inure to the benefit of the City, which has the right and standing to enforce the terms of the lot line adjustment declaration.

   I.   Amendment Or Termination Of Lot Line Adjustments: Lot line adjustment declarations may be amended or terminated only by a written instrument executed by the subject property owner and approved by the Community Development Director and duly recorded in the Office of the County Clerk. Any subsequent lot line adjustment involving the subject property constitutes an amendment or termination of the previously approved lot line adjustment. (Ord. 2018-16, 12-4-2018)

   A.   Applicability: All property owner requests for relief from strict compliance with the subdivision design and improvement regulations of chapter 13 of this title must be processed as modification requests in accordance with the provisions of this section.

   B.   Intent: Modifications are intended to provide for regulatory relief when requiring strict compliance with applicable regulations would cause an undue hardship or practical difficulty because of unusual topographical or other exceptional conditions that apply to the subject property.

   C.   Process:

      1.   For properties being subdivided or for which an application is made for a lot split/adjustment, modification requests must be processed concurrently with the preliminary plat or lot split/adjustment application. When requesting a modification, the applicant must identify each regulation for which a modification is sought and provide a written response to each of the required approval criteria listed in subsection D of this section for each requested modification.

      2.   For properties not being platted, modification requests require review and action by the Planning Commission in a public hearing, in accordance with the following procedures.

         a.   Modification requests must be submitted to the Community Development Director.

         b.   Following receipt of a recommendation from the Community Development Director, including any agency review comments, the Planning Commission must hold a public hearing on the application.

         c.   Notice of the Planning Commission's required public hearing on modification requests not associated with a plat application must be mailed at least ten (10) days before the date of the hearing to all owners of property abutting the property that is the subject of the modification request (see subsection 10-15-1E of this chapter for additional information on required notices).

         d.   Following the public hearing, the Planning Commission must act to approve the modification, approve the modification with conditions or deny approval of the modification. If the modification is approved or conditionally approved, the Planning Commission must state the reasons for such approval, which must be included in the official minutes of the meeting.

   D.   Approval Criteria:

      1.   The Planning Commission is authorized to approve modifications of these regulations when they determine that the purpose of these regulations will be served to a greater or at least the same extent by an alternative proposal.

      2.   The Planning Commission may not approve modifications that will:

         a.   Be detrimental to the public safety, health, or welfare;

         b.   Be injurious to other property or improvements; or

         c.   Impair the spirit, purposes, or intent of applicable zoning regulations or comprehensive plan policies.

   E.   Decision: Modifications may be approved by the Planning Commission or approved with conditions only upon an affirmative vote of at least seventy five percent (75%) of the members of the Planning Commission who are present and voting. The Planning Commission must state the reasons for approval of the modification, which must be included in the official minutes of the meeting. (Ord. 2018-16, 12-4-2018)

   A.   Purpose: Development plans are required with some property owner-initiated rezonings and are optional with other property owner-initiated rezonings. Their purpose is to depict a property owner's generalized plan for the type, amount and character of development proposed on the subject property. By providing greater certainty about development proposals, development plans provide review and decision-making bodies with additional information on which to base rezoning decisions.

   B.   Applicability:

      1.   Mandatory: Development plans are required (mandatory) for Planned Development (PD) zoning map amendments and for major amendments to existing Planned Unit Developments (PUDs). They are also mandatory when the provisions of this UDO expressly state that they are required. In acting on mandatory development plans, the Planning Commission is authorized to recommend, and the City Council is authorized to approve use and development limitations that comply with, are more restrictive than or are less restrictive than the base zoning district regulations and otherwise applicable regulations of this UDO.

      2.   Optional: Property owners may elect to submit a development plan with any zoning map amendment application. In acting on optional development plans, the Planning Commission is authorized to recommend and the City Council is authorized to approve use and development limitations that are at least as restrictive or are more restrictive than the base zoning district regulations and otherwise applicable regulations of this UDO. Optional development plans may not be used to obtain relief from otherwise applicable zoning regulations.

   C.   Application Filing: Complete applications for development plan approval must be filed with the City Clerk concurrently with a zoning map amendment application.

   D.   Review And Recommendation - Community Development Director: Following receipt of a complete application, including the required development plan, the Community Development Director must prepare a report and recommendation. The report must evaluate the proposed development plan in light of all applicable standards and approval criteria. The report must also include a description of any development plan modifications or conditions of approval that would help ensure the development plan complies with applicable standards and approval criteria. The Community Development Director's report must be transmitted to the Planning Commission before the required public hearing.

   E.   Notice Of Hearing: Notice of the Planning Commission's required public hearing must be provided as follows (see subsection 10-15-1E of this chapter for additional information on required newspaper, mail and posted notices).

      1.   Newspaper Notice: Notice must be published in the newspaper at least fifteen (15) days before the scheduled public hearing.

      2.   Mailed Notice: Notice must be mailed to the owner of the subject property and all owners of property within three hundred feet (300') of the subject property at least fifteen (15) days before the scheduled public hearing. Notice for straight zoning constitutes notice for optional development plans.

      3.   Posted Notice: Notice (signs) must be posted at least fifteen (15) days before the scheduled public hearing.

   F.   Hearing And Recommendation - Planning Commission:

      1.   Within sixty (60) days of the date of filing of a complete application for development plan approval, the Planning Commission must hold a public hearing to consider the proposed development plan. Following the close of the public hearing, the Planning Commission must act to recommend that the proposed development plan be approved, approved with modifications, or denied.

      2.   A development plan application recommended for approval or approval with modifications must be transmitted, with the report and recommendation of the Planning Commission, to the City Council within fifteen (15) days of the date of Planning Commission action.

      3.   A development plan application recommended for denial by the Planning Commission, will be deemed denied and will not be considered further unless the applicant, within fifteen (15) days of the date of the Planning Commission's action, files a written request with the City Clerk and with the Recording Secretary of the Planning Commission for a public hearing by the City Council. The request for hearing must be accompanied by the payment of the required filing fee. Upon notice of a request for a public hearing before the City Council, the Planning Commission must transmit the development plan application and its report and recommendations to the City Council.

      4.   If the Planning Commission arrives at a tie vote, the application must be forwarded to the City Council with a notation of the tie vote.

   G.   Final Action - City Council:

      1.   Following receipt of the Planning Commission's recommendation, the City Council must hold a public hearing on the development plan and act to approve the proposed development plan, approve the proposed development plan with modifications or deny the proposed development plan. The City Council is also authorized to remand the proposed development plan back to the Planning Commission for further consideration.

      2.   Development plans may be approved by a simple majority vote, except that any accompanying zoning map amendment may require a super-majority vote, as stated in subsection 10-15-3G of this chapter.

   H.   Requirement For Filing Of Site Plan:

      1.   Unless a longer time period or a phasing plan is approved at the time of approval of a mandatory development plan, a complete application for site plan approval must be filed within five (5) years of the date of mandatory development plan approval. If an application for site plan approval is not filed within the time required, no further site plans may be approved for the project until the subject property owner has filed the original or amended development plan for re-review and reconsideration by the Planning Commission and City Council. Such re-review and reconsideration must follow the mandatory development plan review procedures of this UDO. Following re-review and reconsideration, the Planning Commission is authorized to recommend and the City Council is authorized to approve any of the following actions based on surrounding land use patterns and other relevant information presented at the time of reconsideration by the Planning Commission and City Council:

         a.   An extension of time for filing a site plan;

         b.   An amendment to the approved mandatory development plan; or

         c.   Rezoning to another zoning district in accordance with the zoning map amendment procedures of section 10-15-3 of this chapter.

      2.   The site plan filing deadline established in subsection H1 of this section does not apply to optional development plans.

   I.   Amendments To Approved Development Plans:

      1.   Minor Amendments:

         a.   The Planning Commission is authorized to approve amendments to approved development plans as minor amendments if the Planning Commission determines that substantial compliance is maintained with the approved development plan. The following is a non- exhaustive list of changes that may be considered as minor amendments:

            (1)   Any deviation expressly authorized at the time of development plan approval;

            (2)   The relocation or addition of customary accessory uses and structures;

            (3)   Adjustment of internal development area boundaries, provided the allocation of land to particular uses and the relationship of uses within the project are not substantially altered;

            (4)   Limitation or elimination of previously approved uses, provided the character of the development is not substantially altered;

            (5)   Modification of the internal circulation system that would not increase points of access from adjacent streets, change access to another street or increase projected traffic volumes;

            (6)   Lot splits that modify a recorded plat and that have been reviewed and approved, as required by the subdivision regulations;

            (7)   Modifications to approved signage, provided the size, location, number and type of signs is not substantially altered;

            (8)   Modification to approved screening and landscaping plans, provided the modification is not a substantial deviation from the original approved plan;

            (9)   Changes reducing the number of permitted dwelling units, the amount of nonresidential floor area or the area covered by buildings or paved areas; and

            (10)   Reductions in off-street parking or loading by more than ten percent (10%) or one space, whichever results in a greater reduction.

         b.   In those cases when the City Council has expressly imposed a condition more restrictive than recommended by the Planning Commission, any amendment of that City Council-imposed condition must be reviewed and approved by the City Council.

         c.   Notice of the Planning Commission's public hearing on a development plan minor amendment request must be provided at least ten (10) days in advance of the hearing by mailing written notice to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property. Notice (signs) must also be posted on the subject property at least ten (10) days before the scheduled public hearing.

         d.   If the Planning Commission determines that the proposed development plan amendment, if approved, will result in a significant departure from the approved development plan or otherwise significantly change the character of the subject area or that the cumulative effect of a number of minor amendments substantially alters the approved development plan, then the amendment must be deemed a major amendment to the development plan and processed as a new development plan following the development plan approval procedure of this section, including all requirements for fees, notices and hearings.

      2.   Appeal Of Development Plan Minor Amendment Decisions: An appeal from any development plan minor amendment decision by the Planning Commission may be taken by any person aggrieved, or any taxpayer or any officer, department, board or bureau of the City. Appeals are made to the City Council by filing notice of appeal with the City Clerk and with the Recording Secretary of the Planning Commission within ten (10) days of the date of the decision being appealed. The appeal must specify the grounds of the appeal. No bond or deposit for costs are required for an appeal. Upon filing of the notice of appeal, the Planning Commission must transmit to the City Council, the original or certified copies of all the papers constituting the record in the case, together with the decision of the Planning Commission. The City Council must notify the applicant and all interested parties, as recorded in the minutes of the Planning Commission, of the appeal hearing location, date and time.

      3.   Major Amendments: Any amendment to an approved development plan that is not authorized as a minor amendment must be processed as a new development plan following the development plan approval procedure of this section, including all requirements for fees, notices and hearings. (Ord. 2018-16, 12-4-2018)

   A.   Applicability: Site plan approval is required before the issuance of any permits for development or construction on any property included within the boundaries of any approved development plan and whenever a provision of this UDO expressly states that site plan approval is required.

   B.   Application Filing: Complete applications for site plan approval must be filed with the City Clerk. At a minimum, the application must include a site plan, landscape plan and sign plan.

   C.   Review And Action By Community Development Director; Appeals:

      1.   Unless otherwise required by the City Council as a condition of approval of a development plan, the Community Development Director is authorized to review and take action on site plans. The Community Development Director must approve the site plan if it complies (as applicable) with an approved development plan, all conditions of development plan approval and all applicable regulations of this UDO. If the submitted site plan does not comply with an approved development plan, any conditions imposed on that plan or applicable regulations of this UDO, the Community Development Director must disapprove the site plan and advise the landowner in writing of the specific reasons for disapproval.

      2.   If the Community Development Director does not approve the site plan, the landowner may either: a) resubmit the site plan to correct the plan's inconsistencies and deficiencies, or b) within sixty (60) days of the date of notice of disapproval, appeal the decision of the Community Development Director by filing a notice of appeal with the Recording Secretary of the Planning Commission. If such an appeal is filed, the site plan must be reviewed by the Planning Commission following the hearing and notice requirements that apply to minor amendments of approved development plans (see subsection 10-15-7I1c of this chapter). The Planning Commission's decision may be appealed following the procedures of subsection 10-15-7I2 of this chapter.

   D.   Effect Of Approval: Approval of a site plan must occur before any building permits are issued. Site plan approval, in and of itself, does not constitute effective dedication of rights-of-way or any other public improvements, nor will the site plan be the equivalent of or an acceptable alternative to the final platting of land prior to the issuance of building permits. (Ord. 2018-16, 12-4-2018)

   A.   Applicability: Property owners or their authorized agent must obtain a zoning clearance permit from the Community Development Director before constructing, moving, or structurally altering any building or structure or establishing or changing the use of any building or lot. A zoning clearance permit is not a building permit and does not authorize construction; it certifies that the land and/or structure is in conformance with the terms of this UDO.

   B.   Application: Zoning clearance permit applications must be accompanied by a legal description of the lot and a plan drawn to scale, showing the actual dimensions of the lot to be built upon, the size and location of the building to be erected, and such other information as may be necessary to satisfy the requirements of these regulations, as determined by the Community Development Director.

   C.   Action: Within five (5) days of receipt of a complete application for a zoning clearance permit, the Community Development Director must review and take action on the permit. If the proposed development and construction complies with all applicable provisions of this UDO, the permit must be issued. If the proposed development and construction does not comply with one or more provisions of this UDO, the permit must be denied. The applicant must be notified of the action taken, and if the permit is denied, notified of the specific reasons for denial. (Ord. 2018-16, 12-4-2018)

   A.   Purpose And Applicability:

      1.   Day-to-day responsibility for administering and interpreting the provisions of this UDO, including the zoning map, rests with the Community Development Director, whose decisions may be appealed to the Board of Adjustment, in accordance with the procedures of section 10-15-14 of this chapter.

      2.   Occasionally, the UDO may not sufficiently address an issue that arises in administering or interpreting the UDO. In those cases, the Community Development Director may elect to issue, or a citizen may file an application for, a written zoning interpretation to guide in future decision-making. The procedures of this section govern the issuance of such interpretations.

   B.   Authority: The Community Development Director is authorized to issue written interpretations pursuant to this section. The Community Development Director is also authorized to refer the matter to the Board of Adjustment for an interpretation or for guidance in making an interpretation.

   C.   Application: A complete application for a written interpretation request must be submitted to the Community Development Director.

   D.   Action: Within thirty (30) days of receipt of a complete application, the Community Development Director must: 1) review and evaluate the interpretation request in light of the provisions that are the subject of the interpretation request and any other relevant documents, 2) consult with affected staff and 3) prepare a written interpretation.

   E.   Form: The interpretation must be provided to the applicant in writing and filed in the official record of interpretations.

   F.   Official Record: The Community Development Director must maintain an official record of written interpretations. The record of interpretations must be available for public inspection in the Office of the Community Development Director during normal business hours.

   G.   Appeal Of Decision: Appeals of written interpretations issued pursuant to this section may be taken to the Board of Adjustment in accordance with the appeal procedures of section 10-15-14 of this chapter. (Ord. 2018-16, 12-4-2018)

   A.   Intent: Administrative adjustments are intended to provide a streamlined approval procedure for minor (de minimis) modifications of selected zoning regulations. Administrative adjustments are further intended to:

      1.   Allow development and construction that is in keeping with the general purpose and intent of zoning regulations and the established character of the area in which the development or construction is located;

      2.   Provide flexibility that will help promote rehabilitation and reuse of existing buildings when such flexibility will not adversely affect nearby properties or neighborhood character; and

      3.   Provide flexibility for new construction when such flexibility is in keeping with the general purpose and intent of zoning regulations and will not adversely affect nearby properties or surrounding neighborhood character.

   B.   Authorized Administrative Adjustments:

      1.   Administrative adjustments may be granted only as expressly identified in this section.

         a.   The Community Development Director is authorized to grant an administrative adjustment reducing minimum required street setbacks by up to five feet (5').

         b.   The Community Development Director is authorized to grant an administrative adjustment reducing minimum required side and rear setbacks in any R District by up to twenty percent (20%).

         c.   The Community Development Director is authorized to grant an administrative adjustment of build-to-zone regulations by up to twenty percent (20%).

         d.   The Community Development Director is authorized to approve an administrative adjustment reducing minimum building transparency requirements by up to ten (10) square feet or twenty percent (20%), whichever is greater.

         e.   The Community Development Director is authorized to approve an administrative adjustment reducing minimum lot width and lot frontage requirements by up to ten percent (10%).

      2.   The administrative adjustment procedures may not be used to vary, modify or otherwise override a condition of approval or requirement imposed by an authorized decision-making body.

   C.   Authority To File: Administrative adjustment applications may be filed by the owner of the subject property or by the property owner's authorized agent.

   D.   Application Filing: Complete applications for administrative adjustments must be filed with the City Clerk. Applications must be accompanied by a letter of deficiency issued by the Community Development Director.

   E.   Notice Of Filing/Intent To Approve: The applicant is responsible for delivering written notice of application filing to all owners of property abutting the subject lot. The written notice must describe the nature of the requested administrative adjustment. It must also indicate the date on which the Community Development Director will take action on the application and that the application will be available for review and comment until that date. Any interested party may submit written comments concerning the application to the Community Development Director.

   F.   Action By Community Development Director:

      1.   The Community Development Director must review each application for an administrative adjustment and act to approve the application, approve the application with conditions, deny the application or refer the application to the Board of Adjustment for consideration as a variance.

      2.   The Community Development Director may not take final action to approve or deny an administrative adjustment application until at least five (5) days after the required notices have been mailed.

      3.   The Community Development Director decision to approve or deny an administrative adjustment must be based on the approval criteria and standards of subsection G of this section and accompanied by written findings of fact.

      4.   At least once per calendar year, the Community Development Director must provide to the Board of Adjustment a list of all administrative adjustment decisions.

   G.   Standards And Review Criteria: Administrative adjustments may be approved only when the Community Development Director determines that the following general approval criteria and any specific criteria associated with the authorized administrative adjustment have been met:

      1.   The requested administrative adjustment is consistent with all relevant purpose and intent statements of this UDO and with the general purpose and intent of the comprehensive plan;

      2.   The requested administrative adjustment will not have a substantial or undue adverse effect upon adjacent property, the character of the area or the public health, safety and general welfare; and

      3.   Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent feasible.

   H.   Conditions Of Approval: In granting an administrative adjustment, the Community Development Director is authorized to impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the surrounding area, and to carry out the stated purpose and intent of this UDO.

   I.   Lapse Of Approval: An approved administrative adjustment will lapse and become void three (3) years after it is granted by the Community Development Director, unless a building permit for the work or improvements authorized has been issued and the project has commenced and is diligently pursued to completion. If no building permit is required, the improvement that is the subject of the administrative adjustment must be in place within the 3-year period.

   J.   Transferability: Approved administrative adjustments run with the land and are not affected by changes of tenancy, ownership, or management.

   K.   Amendments: A request for changes in the specific nature of an approved administrative adjustment or changes to any conditions attached to an approved administrative adjustment must be processed as a new administrative adjustment application, including all requirements for fees and notices.

   L.   Appeals: The applicant or any interested party may appeal the administrative adjustment decision of the Community Development Director in accordance with section 10-15-14 of this chapter. (Ord. 2018-16, 12-4-2018)

   A.   Authorized Special Exceptions: Only those special exceptions expressly authorized in this UDO may be approved as special exceptions.

   B.   Authority To File: Applications for special exception approval may be filed only by the owner of the subject property or by the property owner's authorized agent.

   C.   Application Filing: Complete applications for special exception approval must be filed with the City Clerk.

   D.   Review And Report - Community Development Director: Following receipt of a complete application, the Community Development Director must prepare a report on the proposed special exception. The report must be transmitted to the Board of Adjustment before the required public hearing.

   E.   Notice Of Hearing: Notice of the Board of Adjustment's required public hearing on a special exception application must be provided as follows (see subsection 10-15-1E of this chapter for additional information on required newspaper, mail and posted notices).

      1.   Newspaper Notice: Notice must be published in the newspaper at least ten (10) days before the scheduled public hearing.

      2.   Mailed Notice: Notice must be mailed to the owner of the subject property and all owners of property within three hundred feet (300') of the subject property at least ten (10) days before the scheduled public hearing.

      3.   Posted Notice: For uses that require special exception approval, notice (signs) must be posted at least ten (10) days before the scheduled public hearing. Posting of signs is not required for non-use matters.

   F.   Hearing And Final Decision - Board Of Adjustment:

      1.   The Board of Adjustment must hold a public hearing on the special exception application. Following the close of the public hearing, the Board of Adjustment must act to approve the proposed special exception, approve the special exception with conditions and/or modifications or deny the special exception. Approval of a special exception requires an affirmative vote of at least three (3) members of the Board of Adjustment.

      2.   In approving a special exception, the Board of Adjustment is authorized to impose such conditions and restrictions as the Board of Adjustment determines to be necessary to ensure compliance with the standards of subsection G of this section, to reduce or minimize the effect of the special exception upon other properties in the area, and to better carry out the general purpose and intent of this UDO.

   G.   Approval Criteria: A special exception may be approved only if the Board of Adjustment makes each of the following findings:

      1.   That the special exception will be in harmony with the spirit and intent of this UDO; and

      2.   That the special exception will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

   H.   Lapse Of Approval:

      1.   An approved special exception will lapse and become void three (3) years after it is granted by the Board of Adjustment, unless a building permit has been issued and the project has commenced and is diligently pursued to completion. If no building permit is required, the use, improvement or activity that is the subject of the special exception must be in place within the 3-year period.

      2.   The Board of Adjustment may extend the expiration period by up to one year at the time of approval of the special exception or any time before expiration of the approval. Requests for extensions after the special exception is approved must be processed in accordance with the special exception procedures, including applicable fees, notices and public hearings.

   I.   Transferability: Approved special exceptions run with the land and are not affected by changes of tenancy, ownership, or management.

   J.   Amendments:

      1.   Amendments to approved special exceptions must be processed as new special exception applications, including all requirements for fees, notices and public hearings, provided that the Community Development Director is authorized to approve the following:

         a.   Any structures or uses authorized to be approved by the Community Development Director at the time of special exception approval; and

         b.   The addition or relocation of customary accessory uses and structures.

      2.   Applications for amendments to approved special exceptions must be filed in a form established by the Community Development Director.

   K.   Appeals: Board of Adjustment decisions on special exceptions may be appealed to District Court in accordance with subsection 10-16-2K of this title. (Ord. 2018-16, 12-4-2018)

   A.   Intent: A variance is a grant of relief to a property owner from strict compliance with the zoning regulations of this UDO. The intent of a variance is not to simply remove an inconvenience or financial burden that may result from compliance with applicable zoning requirements. Variances are intended to help alleviate an unnecessary hardship or practical difficulty that would be caused by strict enforcement of the subject UDO requirements. They are intended to provide relief when the requirements of this UDO render property very difficult or impossible to put to reasonable use because of some unique or special characteristics of the property itself.

   B.   Authorized Variances: The Board of Adjustment is authorized to grant a variance to any regulation in this UDO in accordance with the variance procedures of this section, except that the variance procedures of this section may not be used to do any of the following:

      1.   Allow a principal or an accessory use in a zoning district that is not otherwise allowed in that zoning district (i.e., "use variances" are prohibited);

      2.   Allow an accessory use on a lot that is not occupied by the principal use that such accessory use serves;

      3.   Waive, modify or amend any definition or use classification;

      4.   Waive, modify or otherwise vary any of the review and approval procedures of this chapter;

      5.   Waive, vary, modify or otherwise override a condition of approval or requirement imposed by an authorized decision-making body or the State or Federal government; or

      6.   Waive, vary or modify applicable residential density regulations, provided that this provision is not intended to prohibit variances to minimum lot area or width requirements that apply to lots occupied by a single dwelling unit.

      7.   Waive, vary or modify applicable subdivision design and improvement regulations of chapter 13 of this title. Modifications of the regulations of chapter 13 of this title require review and approval in accordance with the subdivision modification procedures of section 10-15-6 of this chapter.

   C.   Authority To File: Variance applications may be filed only by the owner of the subject property or by the property owner's authorized agent.

   D.   Application Filing: Complete applications for variances must be filed with the City Clerk.

   E.   Review And Report - Community Development Director: Following receipt of a complete application, the Community Development Director must prepare a report on the requested variance. The report must be transmitted to the Board of Adjustment before the required public hearing.

   F.   Notice Of Hearing: Notice of the Board of Adjustment's required public hearing on a variance application must be provided as follows (see subsection 10-15-1E of this chapter for additional information on required newspaper and mail notices).

      1.   Newspaper Notice: Notice must be published in the newspaper at least ten (10) days before the scheduled public hearing.

      2.   Mailed Notice: Notice must be mailed to the owner of the subject property and all owners of property within three hundred feet (300') of the subject property at least ten (10) days before the scheduled public hearing.

   G.   Hearing And Final Decision - Board Of Adjustment:

      1.   Following receipt of a complete variance application, the Board of Adjustment must hold a public hearing to consider the requested variance. Following the close of the public hearing, the Board of Adjustment must act to approve the requested variance, approve the variance with modifications and/or conditions, or deny the variance request based on the standards and review criteria of subsection H of this section. Approval of a variance requires an affirmative vote of at least three (3) members of the Board of Adjustment.

      2.   In approving a variance, the Board of Adjustment is authorized to impose such conditions and restrictions as the Board determines to be necessary to ensure compliance with the standards of subsection H of this section, to reduce or minimize the effect of the variance upon other properties in the area, and to better carry out the general purpose and intent of this UDO.

   H.   Standards And Review Criteria:

      1.   No variance may be approved unless the Board of Adjustment determines that the following facts, favorable to the property owner, have been established:

         a.   That the physical surroundings, shape, or topographical conditions of the subject property would result in unnecessary hardships or practical difficulties for the property owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;

         b.   That literal enforcement of the subject UDO provision is not necessary to achieve the provision's intended purpose;

         c.   That the conditions leading to the need of the requested variance are unique to the subject property and not applicable, generally, to other property within the same zoning classification;

         d.   That the alleged practical difficulty or unnecessary hardship was not created or self-imposed by the current property owner;

         e.   That the variance to be granted is the minimum variance that will afford relief;

         f.   That the variance to be granted will not alter the essential character of the neighborhood in which the subject property is located, nor substantially or permanently impair use or development of adjacent property; and

         g.   That the variance to be granted will not cause substantial detriment to the public good or impair the purposes, spirit, and intent of this UDO or the comprehensive plan.

   I.   Lapse Of Approval:

      1.   An approved variance will lapse and become void three (3) years after it is granted by the Board of Adjustment, unless a building permit for the work or improvements authorized has been issued and the project has commenced and is diligently pursued to completion. If no building permit is required, the improvement that is the subject of the variance must be in place within the 3-year period.

      2.   The Board of Adjustment may extend the expiration period by up to one year at the time of approval of the variance or any time before expiration of the approval. Requests for extensions after the variance is approved must be processed in accordance with the variance procedures, including applicable fees, notices and public hearings.

   J.   Transferability: Approved variances run with the land and are not affected by changes of tenancy, ownership, or management.

   K.   Amendments: A request for changes in the specific nature of the approved variance or changes to any conditions attached to an approved variance must be processed as a new variance application, including all requirements for fees, notices and public hearings.

   L.   Appeals: Board of Adjustment decisions on variances may be appealed to District Court in accordance with subsection 10-16-2K of this title. (Ord. 2018-16, 12-4-2018)

   A.   Authority: The Board of Adjustment is authorized to hear and decide all appeals where it is alleged there has been an error in any order, requirement, decision or determination made by the Community Development Director or any other administrative official in the administration, interpretation or enforcement of this UDO.

   B.   Right To Appeal: Appeals of administrative decisions may be filed by any person aggrieved by the administrative official's decision or action. The Board of Adjustment is authorized to make determinations about whether individuals filing appeals are "aggrieved" by the decision or action.

   C.   Application Filing:

      1.   Complete applications for appeals of administrative decisions must be filed with the City Clerk and the administrative official who made the decision being appealed.

      2.   Appeals of administrative decisions must be filed within thirty (30) days of the date of the decision being appealed.

   D.   Effect Of Filing: The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the Community Development Director or the administrative official who made the decision being appealed certifies to the Board of Adjustment, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property, in which case the proceedings will not be stayed unless by a restraining order, which may be granted by the Board of Adjustment or by a court of record based on due cause shown.

   E.   Record Of Decision: Upon receipt of a complete application of appeal, the Community Development Director or other administrative official whose decision is being appealed must transmit to the Board of Adjustment all papers constituting the record related to decision being appealed.

   F.   Notice Of Hearing: Notice of the Board of Adjustment's required public hearing must be provided as follows (see subsection 10-15-1E of this chapter for additional information on required newspaper and mail notices).

      1.   Newspaper Notice: Notice must be published in the newspaper at least ten (10) days before the scheduled public hearing.

      2.   Mailed Notice: When an appeal affects a specific property, notice must be mailed to the owner of the subject property and all owners of property within three hundred feet (300') of the subject property at least ten (10) days before the scheduled public hearing.

   G.   Hearing And Final Decision:

      1.   The Board of Adjustment must hold a public hearing on the appeal.

      2.   Following the close of the public hearing, the Board of Adjustment must make its findings and take action on the appeal.

      3.   In exercising the appeal power, the Board of Adjustment has all the powers of the administrative official from whom the appeal is taken. The Board of Adjustment may affirm or may, upon the concurring vote of at least three (3) members, reverse, wholly or in part, or modify the decision being appealed.

      4.   In acting on the appeal, the Board of Adjustment must grant to the official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.

   H.   Review Criteria: The decision being appealed may be reversed or wholly or partly modified only if the Board of Adjustment finds that the Community Development Director or other administrative official erred.

   I.   Appeals: Board of Adjustment decisions may be appealed to District Court in accordance with subsection 10-16-2K of this title. (Ord. 2018-16, 12-4-2018)