A special exception is an exception to a requirement of this ordinance that is specifically allowed for in this ordinance if certain criteria and/or conditions are met.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

Any proposal or application may be withdrawn by the proponent after the board makes its final report, and such proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the board will not consider it. Withdrawal of an application from a public hearing or meeting agenda is at the review or decision-making authority's discretion.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Development review application. A development review application is an application seeking approval of a proposed project, zoning change, special exception, zoning variance, special permit, or appeal of certain decisions.

B.

Who may initiate. Any party having proprietary interest in any property may initiate a development review application for a development review procedure described in this article. The city may institute an application for amendment to the provisions of this ordinance or the zoning district map in accordance with this article.

C.

Application forms. Development review applications set forth in this ordinance must be made upon a form provided by the department. The development review application must be submitted to the department.

D.

Application fees. The fees for processing a development review application are set by resolution of the city council.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Administrative decisions. Any party aggrieved by any final decision of any administrative official regarding the provisions of this ordinance may appeal to the board.

B.

Quasi-judicial decisions. Any party aggrieved by any decision of the board may present to the court of competent jurisdiction a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition must be presented to the court within twenty (20) days after the filing with the city of the decision by the board.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

The city may revoke any permit or approval it has issued where there has been a violation of the provisions of this ordinance or a misrepresentation of fact on the development review application.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

This section applies to applications to amend zoning regulations of the city. The city retains the right to amend its zoning regulations.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Director review. The director must review the submitted application and may make a recommendation to the planning and zoning commission and city council.

B.

Commission review. Following notice in accordance with section 3.2.3 below, the commission must hold a public hearing and make a recommendation to the city council. The recommendation for approval, recommendation for approval with conditions, or recommendation for denial by the commission must be provided to the council within forty-five (45) calendar days of the hearing conducted by the commission.

C.

City council final action. Following notice in accordance with section 3.2.3 below, the council must hold a public hearing and approve, approve with conditions or deny the zoning ordinance amendment.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Planning and zoning commission. A proposed ordinance amendment requires notice of the public hearings of the planning and zoning commission by publication in a newspaper of general circulation in the city. Such notice must state the time and place of such hearing and the nature of the subject to be considered. The notice must be published before the fifteenth (15 ^th ) calendar day before the date of the public hearing.

B.

City council. A proposed ordinance amendment requires notice of the public hearing of the city council by publication in a newspaper of general circulation in the city. Such notice must state the time and place of such hearing and the nature of the subject to be considered. The notice must be published before the fifteenth (15 ^th calendar day before the date of the public hearing.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

An ordinance amendment application that has been denied by the city council may not again be considered either by the city council or the planning and zoning commission prior to the expiration of six (6) months from the date of the original action by the city council.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

This section applies to applications to change the boundaries of a zoning district, to change zoning within a particular zoning district, or for any action that would otherwise amend the zoning district map. The city council may amend the zoning district map.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

A.

Process. An application for a zoning district map amendment (rezoning) must be filed with the department and it must be accompanied as follows:

1.

Submittal of filing fee in accordance with City Code.

2.

Fully completed application.

3.

One (1) copy of the deed showing ownership. Proof of signatory authority for corporations is required.

4.

One (1) legal description, with associated map, of property both sealed by a state licensed surveyor. If there will be multiple zonings on the property this legal and map shall clearly define the separate zoning categories by legal description in text and measurement on the map.

5.

Owner's authorization for agent form with the signature of all property owners or if owned by a corporation, additional documentation of signatory authority.

6.

If there is a proposed development proposal with any rezoning, other than a planned development (PDD) zoning, the following disclaimer must be placed on the plans "This is a proposal; this could be changed and may be entirely different than seen at this time. This proposal cannot be conditionally approved for the rezoning."

7.

One (1) written narrative, with evidence, of how the rezoning meets the findings of fact.

B.

Completeness review. The director shall initiate a completeness review of all information submitted within subsection (A) within ten (10) days of the application submission. This timeframe shall be increased to fifteen (15) days for any rezoning to planned development district (PDD).

C.

Completeness review process; timeframe for applicant resubmittal. If deemed compliant by the director, it will enter the first submittal review phase in subsection (D). If deemed noncompliant by the director, the applicant will be notified in writing of the reasons for noncompliance. The process will continue in this format until deemed compliant by the director. The applicant shall have three (3) months from the date of notification to resubmit back to the city or the application becomes void.

D.

Submittal review process. Submittal review is as outlined below:

1.

First submittal. The director shall review the first submittal within ten (10) days of the compliant sufficiency review and submit comments to the applicant in writing by the end of this timeframe: This shall be for requirements in subsection (E). This timeframe shall be increased to fifteen (15) days for any rezoning to planned development district (PDD).

2.

Response of applicant; timeframe for resubmittal. The applicant shall have six (6) months from the date of notification to resubmit back to the city or the application becomes void. This resubmittal shall address individual comments from the director by copying each open comment(s) and providing response(s) to each open comment on official letterhead. This shall also include revised documentation showing the comments have been addressed by the applicant.

3.

Subsequent submittals. Subsequent submittals, if needed, shall be reviewed by the director within ten (10) business days of the applicant's submittal to the city. For these submittals, response shall be required as stated in subsection (2).

4.

Scheduling of public hearing. Upon the closing of all the director's comments or written demand to be set for hearing by the applicant, the application will be scheduled for a public hearing.

E.

Submittal review requirements. The director shall review the application for consistency with the comprehensive plan, findings of fact, city construction standards, traffic impact analysis, and other public plans, city codes, policies, and plans during the submittal review process.

F.

Public hearings; recommendation, consideration. Is as outlined below:

1.

Public hearings; maximum date separation between public hearings. The applicant shall be scheduled for two (2) public hearings, the first one (1) in front of the commission and the last one (1) in front of the city council. These two (2) hearings shall be within a forty-five (45) calendar day window of each other. Public hearings shall be noticed as in section 3.3.3.

2.

Recommendation. At the first public hearing, the commission shall either continue the item (with permission of the applicant), recommend approval, recommend approval with conditions, or recommend denial to the council.

3.

Consideration. At the last public hearing, the council shall either remand the item back to the Commission, continue the item (with permission of the applicant), approve, approve with conditions, or deny.

G.

Findings of fact. The commission and council decision shall be based on the following findings of fact:

1.

How the use of the property as presently zoned is unsuitable;

2.

Whether the uses permitted by the proposed change will be appropriate for the general area and community as a whole;

3.

Whether the proposed change will cause any factors which may substantially affect public health, safety, morals, or welfare of the general area and community as a whole;

4.

Whether the request complies with the city comprehensive plan; and

5.

Whether it complies with the spirit of the zoning regulations.

The decision on the zoning district map amendment must state determinations on the criteria.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Planning and zoning commission.

1.

Mailed notice. An amendment requires notice of the public hearing by mail to all owners of real property lying within two hundred (200) feet of the property on which the change is requested. Such notice must be mailed before the tenth (10 ^th ) calendar day before the date of the public hearing. In addition, if a proposed change in a zoning classification affecting residential or multi-family zoning is involved, notice of the hearing shall be sent to each school district which includes the property on which the change is requested before the tenth (10 ^th ) calendar day before the hearing.

2.

Published notice. An amendment requires notice of the public hearing by publication in a newspaper of general circulation in the city. Such notice must state the time and place of such hearing and the nature of the subject to be considered. The notice must be published before the fifteenth (15 ^th ) calendar day before the date of the public hearing.

B.

City council. Council notice requirements are the same as subsection A.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

A zoning district map amendment application requires a three-fourths (3/4 ^th ) vote of the city council in order to be approved if a written protest has been signed and submitted by the owners of a minimum of twenty percent (20%) of either:

1.

The area of the properties covered by the proposed change; or

2.

The area of the properties that extends two hundred (200) feet from the area covered by the proposed change.

B.

In computing the percentage of land area under subsection A above, the area of streets and alleys must be included.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A zoning district map amendment application that has been denied by the council may not again be considered either by the council or the commission prior to the expiration of one (1) year from the date of the original action by the council.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A building permit or certificate of occupancy may not be issued for any use that requires a rezoning unless a rezoning has first been approved in accordance with the provisions of this section.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

After the commission has held a public hearing and forwarded its recommendation, that request may not be withdrawn from consideration except by the express permission of the council. A request for withdrawal may be presented to the council at the public hearing. However, the public shall be given an opportunity to present evidence on the request for withdrawal and the council shall take action on the request prior to proceeding with the public hearing on the proposed amendment.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

If the city council fails to approve, a new application on the same property or any portion thereof shall not again be considered until after the expiration of six (6) months from the date the proposal was rejected.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

If the council, pursuant to 3.3.7, or commission if no recommendation has been made to the council, permits a request to be withdrawn, a new application for the same property or any portion of such property shall not again be considered until after the expiration of six (6) months.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

The PDD is a district which accommodates planned associations of uses developed as integral land use units such as industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PDD district may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this ordinance. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

Any use permitted in this ordinance shall be permitted in a PDD district if such use is specified in the amending ordinance granting a PDD district. The size, location, appearance, and method of operation may be specified to the extent necessary to ensure compliance with the purpose of this ordinance.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Required standards. Development requirements for each PDD district shall be set forth in the amending ordinance granting that PDD district and shall include, but may not be limited to; uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the city council and planning and zoning commission may deem appropriate.

B.

Conformance to other zoning district standards. In the PDD district, uses shall conform to the standards and regulations of the base zoning district to which it is most similar. The particular zoning district must be stated in the granting ordinance. All applications to the city shall list all requested deviations from the standard requirements set forth throughout this ordinance (applications without this list will be considered incomplete).

C.

Purpose and intent statement; list of deviations. The ordinance granting a PDD district shall include a statement as to the purpose and intent of the PDD granted therein. A specific list is required of deviations in each district or districts and general statement citing the reason for the PDD request.

D.

Conformance with city code. The PDD shall conform to all other sections of this ordinance unless specifically excluded in the granting ordinance.

E.

Minimum net acreage; exceptions. The minimum net acreage for a request shall be three (3) acres unless approved otherwise by the council following recommendation by the commission.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

In establishing a PDD in accordance with this section, the council shall approve and file as part of the amending ordinance appropriate development plans for each PDD.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

This plan shall set forth the development of the PDD.

B.

Approval before issuance of building permits. Approval of the development plan by the council shall be the basis for issuance of a building permit, but does not release the applicant of the responsibility to submit plans to the building official for a building permit.

C.

Commission and council decisions. The commission shall make a recommendation of approval, recommendation of approval with conditions, or recommendation of denial to the council and the council shall either approve, approve with conditions, or deny the development plan as part of this application and shall require public hearings and consideration as any zoning amendment.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

As required in Section 3.3.2. A with the following additional requirements:

A.

A narrative indicating the purpose and intent of the proposed PDD if new or the changes if it is a PDD modification.

B.

Development plan text which includes at a minimum:

1.

Exact land uses.

2.

Maximum residential density per gross acre.

3.

Minimum setbacks and lot standards.

4.

Minimum dwelling area size based on total building size for single family residential and based on number of bedrooms for two (2) or more dwelling units in a building.

5.

Maximum building standards for all uses.

6.

Maximum floor area ratio (FAR) for mixed uses, multi-family uses, commercial uses, or industrial uses related to principal and accessory uses.

7.

Maximum impervious surface ratios (ISR).

8.

Minimum on-site parking for each use and loading zones for all commercial and industrial uses.

9.

Location of all site accesses.

10.

Landscaping standards which include the following: Minimum buffer sizes, minimum land area to be landscaped on the site, minimum number of plantings, types of trees and shrubs, minimum caliper size of trees and gallon sizes for shrubs, maximum linear feet of each tree and shrub planted, and maximum fifty percent (50%) cap on trees and shrubs of one (1) species planted.

11.

Indication of irrigation.

12.

Minimum screening standards for incompatible uses.

13.

Signage standards which include the following: Maximum numbers, maximum square footages, maximum heights, types and definitions, types of illumination, and minimum setbacks.

14.

Site lighting standards which include the following: Maximum pole height, types of installed heads, types of shielding, maximum footcandles at property lines.

15.

Indicate the base zone standards that the PDD shall comply with in situations where the PDD does not list a specific standard.

16.

Ownership of improvements and creation of an association for private ownership.

17.

If submitting a modification, provide a copy of the original development plan text with the items to be deleted in cross through and any additions in underline.

C.

A list of all Code deviations and a general statement citing the reason for the request.

D.

Indication of development phasing which includes at a minimum: The maximum number of phases, maximum time duration of phases, maximum time for first (1 ^st ) phase to start.

E.

Development plan map(s) which shall be scaled drawing(s), match the development plan text, and which includes at a minimum:

1.

Location and width of all curb cuts, streets, alleys, lots, and building sites.

2.

Points of ingress and egress from existing public streets on an accurate survey of the boundary of tract and topography with contour interval of not less than five (5) feet, or spot grades where the relief is limited.

3.

The specific areas to be devoted to various land uses which matches the definitions in the development plan text and areas proposed for dedication or reserve such as school sites, public safety sites, parks, parkways, playgrounds, easements, school sites, street widening, and street changes.

4.

The location of each building, the minimum distance between buildings, and between buildings and the property line, street line and/or alley line.

5.

The arrangement and provision of off-street parking and off-street loading zones.

6.

Any special traffic regulation facilities proposed or required to ensure the safe function of the circulation plan.

7.

Areas showing screening, and landscaping where such treatment is essential to the proper arrangement of the development in relation to adjacent property. It shall include screening walls, ornamental plantings, trees, playgrounds, wooded areas to be retained, lawns and gardens.

8.

Sign schematics showing location, architecture, types of signage, structural design, architecture, construction materials, maximum height, width, and depth of signage, means of support, and types of illumination, and method of illumination.

9.

If submitting a modification, a separate page which indicates the originally approved plan map with the items being removed marked in dashes with "X" in the center and items being added marked in dashes with an "O" in the center. Also, a new page which indicates the proposed layout unmarked with dashes and letters.

F.

A site inventory analysis including a scale drawing showing natural features which includes at a minimum:

1.

Water courses, creeks or bodies of water.

2.

An analysis of planned changes in such natural features as a result of the development.

3.

A delineation of any flood prone areas.

G.

The land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with a topographical contour interval of not more than five (5) feet.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

PDD procedure. The procedure for establishing it and modifying it must follow the review process, public notice, public hearing, protest and limitation on resubmittal requirements for a zoning district map amendment as set forth in section 3.3.

B.

Expiration if PDD not started. If no project is not started within five (5) years of the date of council approval, the PDD development plan expires.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Staff report required. When a PDD district is being considered, a written staff report discussing the impact on planning, utilities, sanitation, police, fire, and traffic may be submitted to the applicable approval authority.

B.

Findings of fact for PDD's. The commission and council shall base their decision on the findings of fact subsection under section 3.3.2 and the following additional findings of fact.

1.

The development plan is harmonious with adjacent land uses and adjacent development standard and does not allow for substantial negative impacts;

2.

The vehicular/pedestrian circulation systems and site access is safe and efficient;

3.

The coordination of streets allows convenient systems that retain and/or promote neighborhood integrity, is adequate to service projected traffic, protects the public welfare, and is consistent with the city comprehensive plan;

4.

The use of landscaping, screening, and tree retention to provide buffers to shield lights, noise, movement or activities from adjacent properties, to complement the design and location of buildings, and is integrated into the overall site design;

5,

The development allows has proper location, size, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses;

6.

The design and location of off-street parking and loading facilities ensure that all such spaces are usable and are safely and conveniently arranged;

7.

The use of signage and/or lighting is harmonious to the development and adjacent areas and promotes a sense of place, is aesthetically pleasing, and does not negatively contribute to the area; and

8.

The method, timing and sequence of phasing of improvements for the PDD.

The decision on the PDD map amendment must state determinations on the criteria.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Minor modification. Minor modifications may be considered by the director. These items shall not require a public hearing and shall consist of the following:

1.

Minor adjustments to lot lines. parking and loading areas, driveways, building configurations and orientations, landscape materials, irrigation standards, street alignments, sidewalks, drainage facilities. project phasing, light pole locations, signage locations, site layout.

2.

Changes of five percent (5%) or less in the areas of a land use.

3.

Changes of ten percent (10%) or less for decreases to density.

These shall not include changes that alter the basic relationship of the proposed development to adjacent property: Change the uses permitted; increase the density, building height, or coverage of the site: Reduce setbacks, reduce yards provided at the boundary of the site or reduce the amount of land designated for open space or parkland.

B.

Major modification. Major modifications may only be approved by the council, upon a recommendation from the commission. All changes not listed or allowed as a minor modification, shall be deemed a major modification. Public hearings, recommendation. consideration shall follow requirements in section 3.3.2.

C.

Appeals regarding minor modifications. They may be appealed to the council within fifteen (15) calendar days after the date of the decision. This request must be made in writing to the department within this date window. Council will hear the item within sixty (60) calendar days of the written request. A decision to affirm or reverse the results will be by majority vote of the members present at the meeting.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

The specific use permit (sometimes referred to as an "SUP") provides a means for developing certain uses in a manner in which the specific use will be compatible with adjacent property and consistent with the desired character of the area according to the comprehensive plan. Because of the nature of the use or possible adverse impact on neighboring properties of the use; review, evaluation and exercise of planning judgment relative to the location and site plan of the proposed use are required. Specific uses are often conditional on compliance with requirements that are intended to mitigate adverse impacts on nearby properties or adverse impacts to the growth and development goals of the city.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

A.

Process. An application for a specific use must be filed with the department and it must be accompanied as follows:

1.

Submittal of filing fee in accordance with City Code.

2.

Fully completed application.

3.

One (1) copy of the deed showing ownership. Proof of signatory authority for corporations is required.

4.

Owner's authorization for agent form with the signature of all property owners or if owned by a corporation, additional documentation of signatory authority.

5.

One (1) written narrative, with evidence, of how the SUP meets the findings of fact.

6.

A site plan which includes at a minimum:

a.

Date, scale, north point, title, name of owner and the name of person preparing plan.

b.

When access to a public water or sanitary sewer line is available at the site, details of the proposed connections if the water line is greater than one (1) inch or if the sewer line is greater than four (4) inches.

c.

Existing and proposed topography, grading, landscaping, exterior lighting, screening, irrigation facilities and erosion-control measures with location of existing boundary lines and dimensions of the tract.

d.

Existing and proposed site improvements; building elevations for buildings on the site; any off-site improvements, utilities, facilities, drainage systems; street features; and trees. Building elevations shall indicate the general height, bulk, scale of buildings.

e.

Existing and proposed locations and arrangement of uses on the site, and on abutting sites within fifty (50) feet and any other information needed to describe or identify the proposed development.

f.

Existing and proposed parking, loading and traffic and pedestrian circulation features on the site.

g.

The ratio of parking space to floor space.

h.

Any proposed change in yard or lot size.

B.

Completeness review. As required in section 3.3.2.

C.

Completeness review process. As required in section 3.3.2.

D.

Submittal review process. As required in section 3.3.2.

E.

Submittal review requirements. As required in section 3.3.2.

F.

Public hearings; recommendation; consideration. As required in section 3.3.2.

G.

Withholding issuance of building permit and/or certificate of occupancy until SUP approval. A building permit or certificate of occupancy may not be issued for any use that requires a specific use permit unless a specific use permit has first been approved in accordance with the provisions of this section.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Legal requirements; exception. An approved SUP runs with the land, unless otherwise conditioned by the Council, and does not expire without city council revocation as set forth in section 3.5.6

B.

Duration; exception. An SUP shall run in perpetuity, unless stipulated by city council in the ordinance approving the specific use permit.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

The commission and council decision shall be based on the following findings of fact:

A.

The use is compatible with and not injurious to the use and enjoyment of the property and surrounding properties, and does not significantly diminish or impair property values within the immediate vicinity.

B.

The establishment of the use does not impede the normal and orderly development and improvement of surrounding vacant property.

C.

Adequate utilities, access roads, drainage, and other necessary support facilities have been or will be provided.

D.

The design, location and arrangement of all driveways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development.

E.

Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odors, fumes, dust, light, noise and vibration from disturbing or adversely affect neighboring properties.

F.

There is sufficient screening to insure harmony and compatibility with adjacent property.

G.

That available community facilities and services, including the road system providing access to the proposed use, are adequate for the proposed use.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

In authorizing a SUP the commission may recommend and the city council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community, including a time period for which a specific use permit is valid. The commission and the council, in considering and determining the additional conditions, may impose such developmental standards and safeguards as conditions and locations indicate to be important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glares, parking congestion, increased traffic, light pollution, offensive view, diminishment of property value, or other undesirable or hazardous conditions.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

An SUP may be revoked, after notice to the property owner and a hearing before the city council, for any of the following reasons:

A.

The specific use permit was obtained or extended by fraud or deception; or

B.

One (1) or more of the conditions imposed by the permit has not been met or has been violated; or

C.

The specific use permit previously authorized is determined to be detrimental to the public health, safety and/or welfare; or

D.

There is a compelling public interest to discontinue the specific use.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

The procedure for amendment of a specific use permit is the same as for a new application. However, the planning director may approve minor variations to the specific use permit site plan or conditions of the permit that do not increase density, change traffic patterns or result in any increase in external impact on adjacent properties or neighborhoods.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

An application that the council has denied may not again be considered either by the council or the commission prior to the expiration of six (6) months from the date of the original action by the council.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

An applicant may withdraw an application by giving written notice to the commission at least five (5) calendar days prior to the date of the public hearing. Permission of the commission shall not be required for such withdrawal. The applicant may also request withdrawal of an application at the time of the public hearing. The commission shall provide an opportunity to present evidence of the request for withdrawal to the proponents and opponents of the application, and shall take action on the withdrawal request prior to proceeding with the public hearing.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

After the commission has held a public hearing and forwarded a report and recommendation on an application, an applicant may not withdraw an application from consideration except with the express permission of the council. An applicant may present a request for withdrawal to the council at the time of the public hearing. The council shall provide an opportunity to present evidence on the request for withdrawal to the proponents and opponents of the application, and shall take action on the withdrawal request prior to proceeding with the public hearing.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

If an application fails to receive a recommendation for approval by the commission, or if a protest is filed with the commission or council against such application, it shall not be approved except by a three-fourths (3/4 ^th ) vote of all the members of the council. A protest must be signed by the owners of twenty (20) percent or more, either of the area of the lots included in the application or of the land area extending two hundred (200) feet from the subject site of the application. In computing the percent of land area, streets and alleys shall be included in the computation. Any protest filed under this section shall be filed with the city secretary before the close of the public hearing before the council.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

If the commission or council approves a request for the withdrawal of an application for a specific use permit, an applicant may not file a new application for the same specific use permit until six (6) months have expired from the date of withdrawal, The council may reconsider an application within such six-month period, if it finds that a substantial change in conditions has occurred in the vicinity of the property for which a specific use permit was requested. The time period within which a new application may not be filed shall not apply if the request for a specific use permit was initiated and filed by the city.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Hearing authority. In accordance with the provisions of V.T.C.A., Local Government Code ch. 211, the board has the authority to hear and take final action on requests for a variance from the literal terms of the zoning regulations.

B.

Allowed items for a variance. Items that may be the subject-matter of variances, include but are not limited to, height restrictions, yard and setback requirements, landscaping requirements, area, parking regulations, etc., excluding items as allowed by the special exception process.

C.

Prohibited items for a variance. The following items are prohibited from seeking a variance:

1.

Variance of use.

2.

Lot frontage requirements.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Process. An application for a variance must be filed with the department and it must be accompanied as follows:

1.

Submittal of filing fee in accordance with City Code.

2.

Fully completed application.

3.

One (1) copy of the deed showing ownership. Proof of signatory authority for corporations is required.

4.

Owner's authorization for agent form with the signature of all property owners or if owned by a corporation, additional documentation of signatory authority.

5.

One (1) written narrative, with evidence, of how the variance meets the findings of fact.

6.

A site plan which includes at a minimum:

a.

Date, scale, north point, title, name of owner and the name of person preparing plan.

b.

Location of existing boundary lines and dimensions of the tract.

c.

Centerline of existing watercourses, drainage features, and location and size of existing and proposed streets and alleys.

d.

Location and size to the nearest one-half foot of all existing and proposed buildings and land improvements.

B.

Completeness review. The director shall initiate a completeness review of all information submitted within subsection (A) within ten (10) days of the application submission.

C.

Completeness review process; timeframe for applicant resubmittal. If deemed compliant by the director, it will enter the first submittal review phase in subsection (D). If deemed noncompliant by the director, the applicant will be notified in writing of the reasons for noncompliance. The process will continue in this format until deemed compliant by the director. The applicant shall have three (3) months from the date of notification to resubmit back to the city or the application becomes void.

D.

Submittal review process. Submittal review is as outlined below:

1.

First submittal. The director shall review the first submittal within ten (10) days of the compliant sufficiency review and submit comments to the applicant in writing by the end of this timeframe; this shall be for requirements in subsection (E).

2.

Response of applicant; timeframe for resubmittal. The applicant shall have six (6) months from the date of notification to resubmit back to the city or the application becomes void. This resubmittal shall address individual comments from the director by copying each open comment(s) and providing response(s) to each open comment on official letterhead. This shall also include revised documentation showing the comments have been addressed by the applicant.

3.

Subsequent submittals. Subsequent submittals, if needed, shall be reviewed by the director within ten (10) days of the applicant's submittal to the city. For these submittals, response shall be required as stated in subsection (2).

4.

Scheduling of public hearing. Upon the closing of all the Director's comments or written demand to be set for hearing by the applicant, the application will be scheduled for a public hearing.

E.

Submittal review requirements. The director shall review the application for consistency with the findings of fact, city construction standards, and other public plans, city codes, policies, and plans during the submittal review process.

F.

Public hearing; consideration. Is as outlined below:

1.

Public hearing. The applicant shall be scheduled for a public hearing in front of the board. A public hearing shall be noticed as in section 3.3.3(A).

2.

Consideration. At the public hearing, the board shall either continue the item (with permission of the applicant), approve, approve with conditions, or deny.

G.

Findings of fact. As denoted in section 3.7.4.

H.

Supermajority for board approval. The concurring vote of a minimum of seventy-five (75) percent of the members of the board are necessary to approve a variance.

I.

Board conditions on a variance. The board can prescribe certain terms and conditions to the granting of a variance in order to offset or mitigate any adverse externalities imposed upon the neighbors or general public. These terms and conditions should be limited to items that are directly related to the anticipated effects of granting the variance.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

The public notice must follow the requirements in section 3.3.3(A).

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Required findings. The board may authorize a variance from the provisions of this zoning ordinance. In exercising its power to grant a variance, the board must make findings that affirm each of the following criteria:

1.

There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the same area;

2.

Due to special conditions. strict application would deprive the applicant of reasonable use of the property that other properties in the vicinity presently enjoy under this ordinance and would result in an undue hardship. Also, the undue hardship is not self-created, self-imposed, financial alone, or personal;

3.

Development under the variance would not alter the character of the area adjacent to the property, impair the use of adjacent property developed in compliance with this chapter, or impair the purpose of the regulations of the zoning district in which the property is located;

4.

Granting the variance request would not be contrary to the public interest or detrimental to the public health, safety, or welfare;

5.

Granting the variance request would be within the spirit of this chapter and result in substantial justice;

The decision on the variance must state determinations on the criteria.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

An applicant may not apply to the board for the same variance on the same piece of property prior to the expiration of one (1) year from a previous ruling of the board.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A building permit or certificate of occupancy may not be issued for any use that requires a variance unless a variance has first been approved in accordance with the provisions of this section.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Legal requirements; exception. An approved variance runs with the land, unless otherwise conditioned by the Board.

B.

Duration; exception. A variance shall run in perpetuity, unless otherwise conditioned by the Board.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

The procedure for amendment is the same as for a new application.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

Pursuant to the authority granted to the city in V.T.C.A., Local Government Code ch. 211, the board shall hear and decide appeals where it is alleged there is error in any final order, requirement, decision or determination made by any administrative official responsible for administration, interpretation, or enforcement of this ordinance. In exercising its authority under this subsection, the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the board has the same authority as the administrative official. Only determinations relating to administration of zoning laws and the zoning ordinance are proper subjects of an appeal. Appeals of decisions under the building codes, maintenance code and other such matters should be made to the building standards commission.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Initiation. An appeal of administrative decision must be taken within twenty (20) calendar days after the decision has been rendered by filing a notice of appeal specifying the grounds of the appeal with the director. Following initiation of the appeal, the director must immediately transmit to the board all the papers constituting the record upon which the action that is appealed was taken.

B.

Effect of appeal. An appeal stays all proceedings of the action that is appealed unless the administrative official from whom the appeal is taken certifies to the zoning board of adjustment, in writing, facts supporting the opinion that a stay would cause imminent peril to life or property. In such case, proceedings may only be stayed by a restraining order that a court of record may grant after notice to the administrative official from whom the appeal is taken and on due cause shown.

C.

Zoning board of adjustment final action.

1.

Decision of board. Following notice and a hearing, the board may reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination of the administrative official.

2.

Setting of hearing; required notice. The board must promptly set a hearing on the appeal once received. Notice of the hearing must be published in the city newspaper at least ten (10) calendar days before the hearing, and the appellant must be sent notice of the hearing at least ten (10) calendar days before the hearing.

3.

Same authority as administrative official. In exercising its final decision, the zoning board of adjustment has the same authority as the administrative official.

4.

Appearance of applicant or representative; board decision at hearing. At the appeal hearing any party may appear in person or by agent or by attorney. The board shall render its decision at the hearing, or not later than five business days after the hearing.

5.

Supermajority of board to reverse decision. The concurring vote of seventy-five (75) percent of the board members is necessary to reverse a decision of the administrative official.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Process. An application for a special exception must be filed with the Department and it must be accompanied as follows:

1.

Submittal of filing fee in accordance with City Code.

2.

Fully completed application.

3.

One (1) copy of the deed showing ownership. Proof of signatory authority for corporations is required.

4.

Owner's authorization for agent form with the signature of all property owners or if owned by a corporation, additional documentation of signatory authority.

5.

One (1) written narrative, with evidence, of how the variance meets the findings of fact.

6.

A site plan which includes at a minimum:

a.

Date, scale, north point, title, name of owner and the name of person preparing plan.

b.

Location of existing boundary lines and dimensions of the tract.

c.

Centerline of existing watercourses, drainage features, and location and size of existing and proposed streets and alleys.

d.

Location and size to the nearest one-half foot of all existing and proposed buildings and land improvements.

e.

Clear designation of areas reserved for off-street parking and for off-street loading; the location and size of points of ingress and egress.

B.

Hearing authority. The board has the authority to hear and take final action on requests for a special exception from the literal terms of the zoning regulations.

C.

Allowed items for a special exception. The only items that can be granted as a special exception are as follows:

1.

Additional height required for scaffolding, towers, mechanical equipment, and other structures used in the application of industrial uses, which exceed the height limit.

2.

Deviations from article 7, Landscaping requirements, unless otherwise stated in article.

3.

Deviations from article 10, Outdoor lighting requirements, unless otherwise stated in article.

4.

Deviations from article 11, Supplementary District Regulations, section 11.2 Performance Standards, unless otherwise stated in article.

5.

Deviations from article 11, Supplementary District Regulations, section 11.3 Access and Circulation, unless otherwise stated in article.

6.

Deviations from article 11, Supplementary District Regulations, section 11.4 Off Street Parking and Loading Standards, unless otherwise stated in article.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Application and contents. An application for a special exception must be filed with the department. Contents are as required in the special exception application instructions.

B.

Completeness review. As required in section 3.7.2.

C.

Completeness review process. As required in section 3.7.2.

D.

Submittal review process. As required in section 3.7.2.

E.

Submittal review requirements. As required in section 3.7.2.

F.

Public hearing; consideration. As required in section 3.7.2.

G.

Findings of fact. As required in section 3.9.3.

H.

Supermajority for board approval. The concurring vote of a minimum of seventy-five (75) percent of the members of the board is necessary to approve a special exception.

I.

Board conditions on a special exception. The board can prescribe certain terms and conditions to the granting of a special exception in order to offset or mitigate any adverse externalities imposed upon the neighbors or general public. These terms and conditions should be limited to items that are directly related to the anticipated effects of granting the special exception.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

The board must consider the following criteria:

A.

The proposal must not be contrary to the public interest, and the spirit of the zoning ordinance must be observed.

B.

The proposal shall not be detrimental to the health, welfare, and safety of the surrounding area, nor be substantially or permanently injurious to neighboring property.

C.

The proposal shall be harmonious with the character of the surrounding area. The decision on the special exception must state determinations on the criteria.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

The public notice of a special exception must follow the public notice requirements for a zoning district map amendment as set forth in section 3.3.3(A).

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

In authorizing a special exception, the board may impose additional reasonable conditions necessary to protect the public interest and welfare of the community. In considering and determining the additional conditions, may impose such developmental standards and safeguards as conditions and locations indicate to be important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glares, parking congestion, increased traffic, light pollution. offensive view, diminishment of property value, or other undesirable or hazardous conditions.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Legal requirements; exception. An approved special exception runs with the land, unless otherwise conditioned by the board.

B.

Duration; exception. An exception shall run in perpetuity, unless otherwise conditioned by the board.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

An application that the board has denied may not again be considered either by the board prior to the expiration of one (1) year from the date of the original action by the board.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A building permit or certificate of occupancy may not be issued for any use that requires a special exception unless a special exception has first been approved in accordance with the provisions of this section.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

The procedure for amendment is the same as for a new application.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)