(a)

Time, place, and purpose. At least two days, but not more than 30 days, before the first public hearing on an application, notice shall be published in a newspaper of general circulation within the city. The notice shall state the time, place, and purpose of the hearing and that all persons who desire shall have the opportunity to be heard in opposition to or in favor of the requested action.

(b)

Property information. If the application has been filed by the owner of a property, the published notice shall also include the location of the property, the present zoning classification of the property, and the nature of the application affecting the property.

(c)

Posting of sign. At least two days before the first public hearing on an application, a city official shall post a sign on the property stating the date, time, and place for the public hearing and the nature of the application. One such sign shall be placed in a conspicuous location along each street frontage of the property for which the application has been filed. If the property has no street frontage, the sign shall be placed on each street from which access will be gained to the property. The applicant shall maintain such signs on the property until final action has been taken on the application.

(Ord. No. 98-0921, § 4.8.1, 9-21-1998)

Public hearings held by the city council, the planning commission, and the board of adjustment shall be conducted in the following manner:

(1)

The presiding official shall convene the public hearing at the scheduled time and place as designated in the public notice.

(2)

The presiding official shall submit each application for consideration, along with any recommendation from the city building official or the planning commission that the body may have received.

(3)

No person in attendance shall speak unless first formally recognized by the presiding official. Upon rising to speak, those recognized shall state their names and home addresses. The presiding official may impose reasonable time limitations on the public discussion of each proposal. To the extent reasonably possible, equal amounts of time shall be made available to those speaking for and against the application. If reasonable time limitations permit, any member of the general public may speak at a hearing; however, the applicant and nearby property owners shall be afforded the first opportunity to speak.

(4)

The applicant shall speak first to present the application. Others may then speak, indicating first their support for or opposition to the application. The applicant will then be allowed time for rebuttal. Rebuttal must be limited to points or issues raised by opponents of the application at the hearing.

(5)

During the public hearing, the members of the body holding the public hearing may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(Ord. No. 98-0921, § 4.8.2, 9-21-1998)

From time to time, the city council may adopt fees for the issuance of permits, the submission of applications, and such other activities and authorizations as regulated by this chapter, and may adopt schedules of dates and times as appropriate and necessary to regulate the application, review and hearing process required by this chapter.

(Ord. No. 98-0921, § 5.2, 9-21-1998)

(a)

The city building official shall have the power to conduct such investigations as he may reasonably deem necessary to carry out the duties as prescribed in this chapter, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspection, with the permission of the occupant or with a proper search warrant.

(b)

No person shall refuse entry or access to any authorized representative or agent of the city who requests entry for the purposes of inspection, and who presents permission or search warrant, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

(Ord. No. 98-0921, § 5.5.1, 9-21-1998)

(a)

Citation. If the city building official finds that a provision of this chapter relating to the use or occupancy of land or buildings, or relating to the site design standards of this chapter, or relating to a condition of approval established by the city council in connection with a grant of variance or zoning change is being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Upon continuing noncompliance, or initially in the case of an immediate threat to the public health or safety, the city building official shall have authority to issue citations and to prosecute violations before a court of competent jurisdiction.

(b)

Cease and desist orders. The city building official shall order discontinuance of the illegal use of land, buildings or structures; removal or relocation of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of illegal work being done; or shall take any other appropriate or necessary action to ensure compliance with or to prevent violation of the provisions of this chapter.

(c)

Injunction and other remedies. Nothing contained in this section shall prevent the city from taking such other lawful actions as are necessary to prevent or remedy any violation.

(Ord. No. 98-0921, § 5.5.2, 9-21-1998)

State Law reference— Remedies for construction, repair, use, etc., of buildings, lands, etc., in violation of zoning ordinance, Code of Ala. 1978, § 11-52-83.

(a)

The city building official shall be responsible for the interpretation of the meaning of words and phrases as used in this chapter.

(b)

Interpretations of the city building official may be appealed to the city council, the board of adjustment, or planning commission as appropriate.

(Ord. No. 98-0921, § 1.5.1, 9-21-1998)

(a)

Once a property owner submits a valid application for a rezoning, interpretation, special use approval, or for the granting of relief on a property, no permits shall be issued nor shall any actions be undertaken on the property that may be affected by the outcome of such application.

(b)

Once the city council or the planning commission has initiated a rezoning or text amendment, no permits shall be issued nor shall any actions be undertaken on any property that may be affected by the outcome of such rezoning or text amendment.

(Ord. No. 98-0921, § 4.8.3, 9-21-1998)

A nine-member city planning commission is hereby created and shall be governed by the provisions of Code of Ala. 1975, § 11-52-1 et seq.

(Ord. No. 98-0921, § 5.3.1, 9-21-1998)

(a)

The planning commission shall elect a chairperson, a vice-chairperson, and a secretary from among its members, who shall serve for one year or until reelected or until their successors are elected.

(b)

The planning commission may adopt such rules and procedures as appropriate and not in conflict with this chapter.

(c)

The planning commission shall meet at the call of the chairperson if there is business to be brought before it. Other meetings of the planning commission shall be held at the call of the chairperson or at such other times as the planning commission may determine. All meetings of the planning commission shall be open to the public.

(d)

All planning commission members attending a meeting shall vote on each matter placed before it. A member may abstain from voting only if the member has a conflict of interest.

(e)

A majority of the entire planning commission shall constitute a quorum. The affirmative vote of a majority of those present and voting shall be necessary to approve any decision or recommendation.

(f)

The secretary shall keep a record of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep a record of its resolutions, transactions, findings, and determinations, all of which shall be of public record.

(Ord. No. 98-0921, § 5.3.2, 9-21-1998)

(a)

The Planning Commission may at its discretion conduct a public hearing on each application for rezoning and on any proposed amendment to the text of this chapter.

(b)

The planning commission is to review each proposed rezoning or amendment in accordance with the standards and procedures set forth elsewhere in this chapter, and to make its recommendation to the city council.

(c)

The planning commission may initiate on its own motion a rezoning or an amendment to the text of this chapter when it determinations that the change is appropriate for consideration.

(d)

The planning commission is to review each request for approval of a special use permit prior to consideration by the board of adjustment. The planning commission may, at its discretion, conduct a public hearing to gather information to clarify the issue. The planning commission shall present its recommendation to the board of adjustment in writing.

(e)

The planning commission is to review and authorize or deny every proposal for development, site alteration or change in use in the Muscle Shoals Reservation (MSR) Overlay District to ensure alignment with the guiding principles set forth in the TVA Muscle Shoals Reservation Comprehensive Master Plan in accordance with the standards and procedures set forth elsewhere in this chapter. The planning commission may, at its discretion, conduct a public hearing to gather information to clarify the issue. The planning commission shall present its decision to the applicant in writing.

(f)

The planning commission also has other powers, duties, or responsibilities as assigned to it by state law or otherwise granted by the city council.

(Ord. No. 98-0921, § 5.3.3, 9-21-1998; Ord. No. 2011-0711, 7-18-2011; Ord. No. 2015-0209, 2-9-2015; Ord. No. 2024-0102A, 1-2-2024)

A five-member board of adjustment is hereby created and shall be governed by the provisions of Code of Ala. 1975, § 11-52-80. The city council shall appoint two alternates who can act in the absence of any regular member of said board.

(Ord. No. 98-0921, § 5.4.1, 9-21-1998)

(a)

The board of adjustment shall elect a chairperson, a vice-chairperson, and a secretary from among its members, who shall serve for one year or until reelected or until their successors are elected.

(b)

The board of adjustment may adopt such rules and procedures as appropriate and not in conflict with this chapter.

(c)

The board of adjustment shall meet at the call of the chairperson if there is business to be brought before it. Other meetings of the board of adjustment shall be held at the call of the chairperson or at such other times as the board of adjustment may determine. All meetings of the board of adjustment shall be open to the public.

(d)

All board of adjustment members attending a meeting shall vote on each matter placed before it. A member may abstain from voting only if the member has a conflict of interest.

(e)

A minimum of four members of the board shall constitute a quorum. The affirmative vote of at least four members shall be necessary to approve any decision or recommendation.

(f)

The presiding official at a called meeting of the board may administer oaths and compel the attendance of witnesses.

(g)

The secretary shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep a record of its examinations and other official actions, all of which shall be of public record.

(Ord. No. 98-0921, § 5.4.2, 9-21-1998)

(a)

The board of adjustment is to conduct a public hearing on each request for approval of a special use, special exception, and hardship variance, and on any appeal from an administrative decision (other than an interpretation regarding zoning district boundaries or permitted uses as provided under section 118-330).

(b)

The board of adjustment is to review each request or appeal in accordance with the standards and procedures set forth elsewhere in this chapter, as applicable.

(Ord. No. 98-0921, § 5.4.3, 9-21-1998)

(a)

The board of adjustment, at the request of a property owner or the city building official and after review and recommendation by the planning commission, shall be empowered to:

(1)

Determine the boundaries of the various zoning districts where uncertainty exists.

(2)

Determine whether a use not otherwise listed as being permitted (either by right or as a special use) in any zoning district in this chapter is intended to be permitted in a specific zoning district. Such interpretation shall be based on due consideration of:

a.

The purpose and intent of this chapter;

b.

The purpose of the zoning district for which the request is made; and

c.

The similarity or dissimilarity of the requested use with other uses that are permitted in the zoning district.

(b)

Requests for interpretation of district boundaries or uses permitted in a zoning district shall be filed with the city building official or initiated by him. Appeals of the decision of the building official, hardship variances, special uses, and/or special exceptions shall be made to the board of adjustment.

(Ord. No. 98-0921, §§ 4.5.1, 4.5.2, 9-21-1998)

Before permits allowing construction in the Muscle Shoals Reservation (MSR) Overlay District are issued or business licenses are issued for new uses, approval must be given to ensure compatibility with the TVA Muscle Shoals Reservation Comprehensive Master Plan.

(Ord. No. 2015-0209, 2-9-2015)

(a)

A property owner may file an application for approval of development plans, site alteration or initiation of a new use on property he owns in the Muscle Shoals Reservation Overlay District.

(b)

All applications shall be submitted to the city building official on application forms adopted from time to time by the city council. All applications shall be accompanied by a nonrefundable fee as fixed from time to time by the city council.

(c)

The city building official shall review the application for completeness within five working days of its submission. Incomplete or improper applications will be returned to the applicant with an indication of its deficiency. Complete applications shall be forwarded to the planning commission.

(Ord. No. 2015-0209, 2-9-2015)

(a)

An applicant who proposes new construction or alteration of the site shall submit a sketch plan with his application.

(b)

A sketch plan may be prepared by the applicant, a professional engineer, a registered land surveyor, a landscape architect, a land planner, or any other person familiar with land development activities.

(c)

The sketch plan shall be drawn to scale on a boundary survey of the tract or on a property map showing the approximate location of the boundaries and dimensions of the tract.

(d)

The sketch plan shall show the following.

(1)

Name and address of the property owner.

(2)

Name, address, and telephone number of the applicant.

(3)

Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

(4)

Proposed use of the property.

(5)

Size of the property in acres or in square feet if less than an acre.

(6)

Location sketch of the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets, railroads or others. Sketches may be drawn in freehand and at an approximate scare sufficient to show clearly the information required, but not less than one inch equals 2,000 feet. U.S. Geological Survey maps may be used as a reference guide for the location sketch.

(7)

Underlying zoning district designation of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

(8)

Manmade and natural features within and adjacent to the property, including existing streets, railroads, city limit lines streams and shorelines, trees with a diameter at breast height of six inches or more, power transmission lines, and other significant information such as the approximate location of bridges, utility lines, existing buildings to remain, and other features as appropriate to the nature of the application.

(9)

The proposed project layout, including the approximate outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, buffers, parking areas, and driveways.

(10)

Architectural drawings of building facades and specification of external construction materials.

(11)

Proposed signage design, size and placement.

(12)

Proposed buffers, landscaping, or other screening, if any, including green space.

(13)

The approximate location of proposed stormwater detention facilities.

(14)

Such additional information as may be useful to permit an understanding of the proposed development, site alteration and new use of the property.

(Ord. No. 2015-0209, 2-9-2015)

An applicant for approval of development plans, site alteration or initiation of a new use shall submit an impact analysis with his application. The impact analysis shall consider the effect, if any, of the proposed development as to each item under section 118-224.

(Ord. No. 2015-0209, 2-9-2015)

Development plans, site alteration or initiation of a new use in the Muscle Shoals Reservation Overlay District shall meet the following objective criteria as applicable to the specific use proposed:

(1)

Is it in alignment with the guiding principles set forth in the TVA Muscle Shoals Reservation Comprehensive Master Plan?

(2)

Is it compatible with deed restrictions on the property?

(3)

Is the proposed use allowed by the underlying zoning classification?

(4)

Does it comply with district regulations stipulated in article IV of this chapter for both the underlying zoning classification and the MSR Overlay District?

(5)

Does it meet development standards stipulated in article V of this chapter for both the underlying zoning classification and the MSR Overlay District?

(Ord. No. 2015-0209, 2-9-2015)

The planning commission shall review each complete application for approval of plans for development, site alteration or initiation of a new use in the Muscle Shoals Reservation Overlay District. The planning commission may hold a public hearing but is not required to do so. The planning commission shall judge the request based on the standards listed in section 118-223 and the compatibility of the request with official land use plans and policies of the City of Sheffield. The planning commission shall communicate its decision to approve or deny the proposed development, site alteration or new use request the applicant in writing. Justification for the decision shall be included. The planning commission may identify in its report actions, conditions or changes that would make an application acceptable in its judgment.

(Ord. No. 2015-0209, 2-9-2015)

(a)

Any applicant wishing to withdraw a proposed application for development, site alteration or new use before the planning commission takes final action shall file a written request for withdrawal with the city building official.

(1)

If the request for withdrawal is received before the publication of notice for a public hearing, the city building official shall withdraw the application without restricting the refiling of a proposed development, site alteration or new use application on the property in the future.

(2)

If notice has been published (or is irretrievably set for publication) but the planning commission has not heard the application, the city building official shall withdraw the application, and the applicant shall not resubmit an application for development, site alteration or new use on the property for six months from the date of withdrawal.

(b)

If the applicant requests withdrawal at the planning commission's meeting, the application shall remain on the agenda and the planning commission shall approve or deny the withdrawal request.

(Ord. No. 2015-0209, 2-9-2015)

(a)

An unconditional approval of plans for development, site alteration or new use on a property in the MSR Overlay District shall be in full force and effect upon its approval by the planning commission. Plans for development, site alteration or new use approved with conditions shall be in full force and effect upon approval of the planning commission and certification by the building official that the conditions have been satisfied. Approval of a new use confirms that the use is in alignment with the guiding principles set forth in the TVA Muscle Shoals Reservation Comprehensive Master Plan. It does not satisfy the requirement for a special use permit if one is required by the underlying zoning classification of the property. Application for the special use permit may occur concurrently with the application for approval of the new use in the MSR Overlay District. In the event that additional approval is required by some other governmental authority or agency, including the Historic Sheffield Commission, permitting and licensing shall not be issued until that approval is received.

(b)

Change to approved plans for development or site alteration on property in the MSR Overlay District: Whenever a property owner or occupant of property, desires to make a change to plans for development or site alteration, then such change may be acted upon by the building official by means of an application for a zoning clearance and without the necessity of obtaining additional approval of the planning commission, provided the proposed change complies with all of the following:

(1)

The result of the proposed change shall be that the property will still be in substantial compliance with the previously approved plan, and none of the conditions previously imposed at the time of approval by the planning commission shall be negated or changed.

(2)

The proposed change will, in the opinion of the building official, result in a better utilization of the property or a more efficient and desirable use of the land.

(3)

The proposed addition, enlargement, or change of any building or structure on the property will not infringe upon or extend into any required building setback, off street parking or loading space, green space or distance between building area.

(4)

The amount of land to be covered by the proposed addition, enlargement, or change will not be more than ten percent of the amount of land covered by all existing buildings or structures on the property; and the floor area added because of the proposed addition, enlargement, or change shall be not more than ten percent of the total floor area of all existing buildings on the property. If the proposed addition, enlargement, or change will result in a requirement for additional off-street parking or loading spaces, then such spaces shall be provided as required by the applicable zoning ordinance provisions.

(5)

The proposed addition, enlargement, or change shall not result in a violation of any previously imposed condition, nor shall it result in an enlargement or increase of any previously approved variation.

(Ord. No. 2015-0209, 2-9-2015)

Land uses that are listed in each zoning district as special uses may be permitted on a particular property upon approval of the board of adjustment, following the procedures of this division. A special use permit runs with the land not the property owner or special use operator, subject to the provisions described in section 118-234.

(Ord. No. 98-0921, § 4.6, 9-21-1998; Ord. No. 2011-0711, 7-18-2011)

(a)

A property owner may file an application for special use approval for any property he owns in the city.

(b)

All applications shall be submitted to the city building official on application forms adopted from time to time by the city council. All applications shall be accompanied by a nonrefundable fee as fixed from time to time by the city council.

(c)

The city building official shall review the application for completeness within five working days of its submission. Incomplete or improper applications will be returned to the applicant with an indication of its deficiency. Complete applications shall be forwarded to the board of adjustment. A copy of complete applications shall be forwarded to the planning commission.

(d)

The board of adjustment shall not consider an application for a special use approval affecting the same property more often than once every 12 months; provided, however, that the board of adjustment may reduce the waiting period under extenuating circumstances by a majority vote.

(Ord. No. 98-0921, § 4.6.1, 9-21-1998; Ord. No. 2011-0711, 7-18-2011)

(a)

An applicant who proposes new construction or alteration of the site shall submit a sketch plan with his application.

(b)

A sketch plan may be prepared by the applicant, a professional engineer, a registered land surveyor, a landscape architect, a land planner, or any other person familiar with land development activities.

(c)

The sketch plan shall be drawn to scale on a boundary survey of the tract or on a property map showing the approximate location of the boundaries and dimensions of the tract.

(d)

The sketch plan shall show the following, as appropriate to the special use requested. The city building official may waive or reduce any of the following items for a specific application, provided that the intent of the applicant is clear:

(1)

Name and address of the property owner.

(2)

Name, address, and telephone number of the applicant.

(3)

Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

(4)

Proposed use of the property.

(5)

Size of the property in acres or in square feet if less than an acre.

(6)

Location sketch of the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets, railroads or others. Sketches may be drawn in freehand and at an approximate scale sufficient to show clearly the information required, but not less than one inch equals 2,000 feet. U.S. Geological Survey maps may be used as a reference guide for the location sketch.

(7)

Zoning district designation of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

(8)

Manmade and natural features within and adjacent to the property, including existing streets, railroads, city limit lines, streams and shorelines, power transmission lines, and other significant information such as the approximate location of bridges, utility lines, existing buildings to remain, and other features as appropriate to the nature of the application.

(9)

The proposed project layout, including the approximate outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, buffers, parking areas, and driveways.

(10)

Proposed buffers, landscaping, or other screening, if any.

(11)

The approximate location of proposed stormwater detention facilities.

(12)

Such additional information as may be useful to permit an understanding of the proposed use and development of the property.

(Ord. No. 98-0921, § 4.6.2, 9-21-1998)

An applicant for special use approval shall submit an impact analysis with his application. The impact analysis shall consider the effect, if any, of the proposed development as to each item under section 118-231.

(Ord. No. 98-0921, § 4.6.3, 9-21-1998)

A special use otherwise permitted within a zoning district shall be considered to be compatible with other uses permitted in the district, provided that due consideration is given to the following objective criteria as applicable to the specific use proposed:

(1)

Is or will the type of street providing access to the use be adequate to serve the proposed special use?

(2)

Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?

(3)

Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the special use?

(4)

Are or will refuse, service, parking, and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare, or odor?

(5)

Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?

(6)

Will the height, size, or location of the buildings or other structures on the property be compatible with the height, size, or location of buildings or other structures on neighboring properties?

(7)

In order to obtain approval for a horse stable, the property must contain at least five acres and no more than one horse per acre may be kept. A 100-foot setback from any public road or right-of-way adjoining said property must be maintained where horses will not be allowed. No horse may be allowed within 300 feet of a residential building of another.

(Ord. No. 98-0921, § 4.6.4, 9-21-1998; Ord. No. 2011-0711, 7-18-2011)

The planning commission shall review each complete application for special use permit approval. The planning commission may hold a public hearing but is not required to do so. The planning commission shall judge the request based on the standards listed in section 118-231 and the compatibility of the request with official land use plans and policies of the City of Sheffield. The planning commission shall communicate its recommendation to approve or deny the special use permit request to the board of adjustment and the applicant in writing. Justification for the recommendation shall be included. The planning commission may identify in its report actions, conditions or changes that would make an application acceptable in its judgment.

Before the board of adjustment may take final action on a proposed special use permit, it shall hold a public hearing on the proposal.

(1)

Public notice. The city is to give public notice of the public hearing in accordance with section 118-35.

(2)

Board of adjustment public hearing.

a.

The public hearing held by the board of adjustment shall be conducted in accordance with section 118-36.

b.

The public hearing shall be convened by the chairperson, the vice-chairperson, or the chairperson's designee, who shall act as the presiding official.

c.

At the hearing, following presentation of the request, action shall be taken by vote of the board of adjustment.

1.

An affirmative vote by at least four members of the board is necessary to approve a motion to approve or deny an application.

2.

If a motion to approve an appeal fails, the appeal is denied. If a motion to deny an appeal fails, another motion would be in order.

d.

In taking action on an application for special use permit approval, the board of adjustment may:

1.

Approve the request, approve the request with conditions or deny the request;

2.

Table the application for consideration at its next scheduled meeting; or

3.

Allow withdrawal of the application at the request of the applicant.

(Ord. No. 98-0921, § 4.6.5, 9-21-1998; Ord. No. 2011-0711, 7-18-2011)

Editor's note— Ord. No. 2011-0711, adopted July 18, 2011, changed the title of § 118-232 from "Process for special use approval" to "Process for special use permit approval."

(a)

Any applicant wishing to withdraw a proposed special use permit application before the board of adjustment takes final action shall file a written request for withdrawal with the city building official.

(1)

If the request for withdrawal is received before the publication of notice for the public hearing, the city building official shall withdraw the application without restricting the refiling of a proposed special use application on the property in the future.

(2)

If notice has been published (or is irretrievably set for publication) but the board of adjustment has not heard the application, the city building official shall withdraw the application, and the applicant shall not resubmit an application for a special use on the property for six months from the date of withdrawal.

(b)

If the applicant requests withdrawal at the board of adjustment's meeting, the application shall remain on the public hearing agenda and the board of adjustment shall approve or deny the withdrawal request.

(Ord. No. 98-0921, § 4.6.6, 9-21-1998; Ord. No. 2011-0711, 7-18-2011)

(a)

An unconditional special use permit on a property shall be in full force and effect upon its approval by the board of adjustment. A special use permit approved with conditions shall be in full force and effect upon approval of the board of adjustment and certification by the building official that the conditions have been satisfied. In the event that a special use permit is filed in conjunction with a change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change. In the event that some additional approval is required by some other governmental authority or agency, the permit shall not become effective until that approval is received.

(b)

Time limit of special use permits: Special use permits shall be valid for an unlimited period subject to the requirements of subsection 118-234(c) unless a lesser period shall be provided in a particular permit. Prior to the expiration of the time limit specified in a particular permit, the property owner may request that the special use permit be reviewed by the board, which may extend it for an unlimited period or for a specified additional period of years.

(c)

Failure to commence construction or operation: Unless otherwise stated in the conditions of a particular special use permit, substantial work, construction, or operation of the special use where construction is not required, shall commence within six months of the effective date of the permit unless such time period is extended through appeal to and approval by the board of adjustments. If no appeal is made, or no extension of time is received or granted, the permit shall immediately terminate upon expiration of the six-month period.

(d)

Discontinuance of activity: Upon determination of the building official that all activities as permitted pursuant to an approved special use permit have ceased for a period of six months or more, the permit shall be considered to be expired. The special use permit shall automatically terminate upon a determination of the building official that the activity(s) has ceased for a period of six months or more. Further, a special use permit shall terminate upon receipt by the board of adjustments of a letter or affidavit from the entity to whom a special use permit has been granted or who operates a special use, asserting that the use will not be commenced or will halt.

(e)

Revocation of special use permit: Upon a determination of the building official that an approved special use permit will or has become unsuitable or incompatible in its location as a result of any nuisance or activity generated by the use, the board of adjustment shall have the authority to revoke the permit after affording the permittee the right to be heard.

(f)

All special use permits shall be approved for a specific location, and may not be transferred to any other location by the applicant or successor property owners.

(g)

Special change on property governed by a special use permit: Whenever a property owner or occupant of property, which contains a use of type that requires a special use permit and for which such a permit has been approved, desires to make a change to a building or structure located on the property, then such change may be acted upon by the building official by means of an application for a zoning clearance and without the necessity of obtaining a modification of the special use permit for the property, provided the proposed change complies with all of the following:

(1)

The result of the proposed change shall be that the property will still be in substantial compliance with the previously approved plot plan, and none of the conditions previously imposed at the time of approval of the special use permit by the board of adjustments shall be negated or changed.

(2)

The proposed change will, in the opinion of the building official, result in a better utilization of the property or a more efficient and desirable use of the land.

(3)

The proposed addition, enlargement, or change of any building or structure on the property will not infringe upon or extend into any required building setback, off street parking or loading space, or distance between building area.

(4)

The amount of land to be covered by the proposed addition, enlargement, or change will not be more than ten percent of the amount of land covered by all existing buildings or structures on the property; and the floor area added because of the proposed addition, enlargement, or change shall be not more than ten percent of the total floor area of all existing buildings on the property.

(5)

If the proposed addition, enlargement, or change will result in a requirement for additional off-street parking or loading spaces, then such spaces shall be provided as required by the applicable zoning ordinance provisions.

(6)

The proposed addition, enlargement, or change shall not result in a violation of any previously imposed condition, nor shall it result in an enlargement or increase of any previously approved variation.

(7)

The type of land use shall remain the same as was approved by means of the special use permit approved for the property.

(h)

No use for which approval of a special use permit is required by this chapter in a particular zoning district shall be considered a nonconforming use in the particular zoning district if the use was lawfully established at the time of its creation.

(i)

Construction of any building, structure, or other improvements for which a building permit was issued in conformity with this chapter prior to the effective date of a special use permit approval affecting the property may continue to completion as though no change had occurred.

Special Use Permit

(Ord. No. 98-0921, § 4.6.7, 9-21-1998; Ord. No. 2011-0711, 7-18-2011; Ord. No. 2013-1021B, 10-21-2013)

Persons may appeal to the board of adjustment for relief under the following circumstances:

(1)

When aggrieved by any order, requirement, decision or determination made by the city building official in the enforcement of this chapter (other than an interpretation regarding zoning district boundaries or permitted uses as provided under section 118-330).

(2)

When a special exception is desired for a particular property from certain requirements of this chapter, as specified in this section.

(3)

When compliance with the requirements of this chapter would create a particular and unique hardship.

(Ord. No. 98-0921, § 4.7.1, 9-21-1998)

(a)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the city building official (other than an interpretation regarding zoning district boundaries or permitted uses as provided under section 118-330). Such appeal shall be taken within 15 days of the decision appealed from by filing with the city building official and with the board of adjustment a notice of appeal specifying the grounds thereof.

(b)

The city building official shall transmit forthwith to the board of adjustment all papers constituting the record upon which the action appealed was taken.

(c)

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

(Ord. No. 98-0921, § 4.7.2, 9-21-1998)

(a)

Special exceptions shall be limited to relief from the following requirements of this chapter:

(1)

Minimum building setbacks.

(2)

Maximum building height.

(3)

Minimum lot width.

(4)

Street frontage.

(5)

Buffers and screening.

(6)

Signage height, number, sign face area, or sign structure area in accordance with a uniform sign plan prepared under the requirements of the sign regulations of this chapter.

(7)

Parking requirements.

(8)

Height or construction materials of a fence or freestanding wall.

(b)

The board of adjustment may grant a special exception upon a finding that the relief would contribute to the public good and not impair the purpose and intent of this chapter.

(c)

If denied, the board of adjustment shall not reconsider an application for a special exception affecting the same property for a period of 12 months from the date of denial; provided, however, that the board of adjustment may reduce the waiting period under extenuating circumstances by majority vote.

(d)

Standards for approval of special exception:

(1)

There are extraordinary and exceptional conditions pertaining to the property in question because of its size, shape, or topography;

(2)

The application of this chapter in the particular instance would create a hardship not generally shared by other properties in the same zoning district; or

(3)

There are significant conditions peculiar to the property which adversely affect its reasonable use as currently zoned.

(e)

A special exception shall not be granted for a condition created by the applicant, including the result of an unwise investment decision or real estate transaction.

(Ord. No. 98-0921, § 4.7.3, 9-21-1998)

(a)

General.

(1)

The board of adjustment may authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done.

(2)

Such relief may be granted only to the extent necessary to alleviate such unnecessary hardship and not as a convenience to the applicant nor to gain any advantage or interest over similarly zoned properties.

(b)

Standards for approval. A hardship variance may be granted in whole or in part in such individual case of unnecessary hardship upon a finding by the board of adjustment that:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;

(2)

The application of this chapter in this particular instance would create a hardship not generally shared by other properties in the same zoning district; or

(3)

There are significant conditions peculiar to the property which adversely affect its reasonable use or usability as currently zoned.

(c)

Denial; waiting period for reconsideration. If denied, the board of adjustment shall not reconsider an appeal for a hardship variance affecting the same property for a period of 12 months from the date of denial; provided, however, that the board of adjustment may reduce the waiting period under extenuating circumstances or on its own motion.

(d)

Reasons for denial. A hardship variance shall not be granted for any of the following:

(1)

A condition created by the applicant, including the result of an unwise investment decision or real estate transaction.

(2)

Reduction of a minimum lot size required by the applicable zoning district.

(3)

A use of land or buildings or structures that is not permitted by the property's zoning.

(4)

Any increase in the number of dwelling units or nonresidential building floor area otherwise permitted by the property's zoning.

(Ord. No. 98-0921, § 4.7.4, 9-21-1998)

Before the board of adjustment may take final action on an appeal, it shall hold a public hearing on the proposal.

(1)

Upon receiving a notice of an appeal, within five working days the city building official shall assemble such memos, papers, plans, or other documents as may constitute the record for the appeal or as may provide an understanding of the issues involved.

(2)

Once the record has been assembled, the city building official shall forward the record to the board of adjustment for consideration at its next meeting for which adequate notice can be given under the requirements of this section.

(3)

Any appellant wishing to withdraw an appeal prior to the meeting of the board of adjustment shall file a written request for such withdrawal with the city building official. The appeal shall thereupon be removed from the board's agenda and the request shall have no further effect.

(4)

Public notice.

a.

The city is to give public notice as to the time, place, and purpose of the public hearing in accordance with section 118-35(a).

b.

If the appeal has been requested by the owner of a property, the published notice is to include the property information and the posting of a sign in accordance with section 118-35(b) and (c).

(5)

Board of adjustment public hearing.

a.

The public hearing held by the board of adjustment shall be conducted in accordance with section 118-36.

b.

The public hearing shall be convened by the chairperson, the vice-chairperson, or the chairperson's designee, who shall act as the presiding official.

c.

At the hearing, following presentation of the appeal, action shall be taken by vote of the board of adjustment.

d.

In exercising its powers, the board of adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and, to that end shall have all the powers of the officer from whom the appeal is taken. In taking action on an appeal, the board of adjustment may:

1.

Approve, approve with changes, or reject the appeal;

2.

Table the appeal for consideration at its next scheduled meeting; or

3.

Allow withdrawal of the appeal at the request of the appellant.

e.

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance. In taking its action:

1.

An affirmative vote of at least four members of the board is necessary to approve a motion to approve or deny an appeal.

2.

If a motion to approve an appeal fails, the appeal is denied. If a motion to deny an appeal fails, another motion would be in order.

(Ord. No. 98-0921, § 4.7.5, 9-21-1998)

The city council may amend the official zoning map from time to time for specific properties under the procedures in this subdivision. This type of action is referred to as "rezoning"

(Ord. No. 98-0921, § 4.2, 9-21-1998)

(a)

The city council, the planning commission, or the property owner may apply to rezone a property within the city.

(b)

All applications shall be submitted to the city building official on application forms adopted from time to time by the city council. All applications shall be accompanied by a nonrefundable fee as fixed from time to time by the city council. A fee shall not be charged if the city council or the planning commission has initiated the application.

(c)

The city building official shall review the application for completeness within five working days of its submission. Incomplete or improper applications will be returned promptly thereafter to the applicant with an indication of its deficiency. Copies of complete applications shall be forwarded to the planning commission and city clerk.

(d)

The city council shall not consider an application for a rezoning affecting the same property more often than once every 12 months; provided, however, that the city council may reduce the waiting period under extenuating circumstances or on its own motion.

(Ord. No. 98-0921, § 4.2.1, 9-21-1998)

(a)

An applicant who proposes new construction or alteration of the site shall submit a sketch plan with their application.

(b)

A sketch plan may be prepared by the applicant, a professional engineer, a registered land surveyor, a landscape architect, a land planner, or any other person familiar with land development activities.

(c)

The sketch plan shall be drawn to scale on a boundary survey of the tract or on a property map showing the approximate location of the boundaries and dimensions of the tract.

(d)

The sketch plan shall show the following items, as appropriate to the zoning requested. The city building official may waive or reduce any of the following items for a specific application, provided that the intent of the applicant is clear:

(1)

Name and address of the property owner.

(2)

Name, address, and telephone number of the applicant.

(3)

Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

(4)

Size of the property in acres or in square feet if less than an acre.

(5)

Location sketch of the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets, railroads or others. Sketches may be drawn in freehand and at an approximate scale sufficient to show clearly the information required, but not less than one inch equals 2,000 feet. U.S. Geological Survey maps may be used as a reference guide for the location sketch.

(6)

Zoning district designations:

a.

Existing zoning district designation of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

b.

Proposed zoning districts and boundaries. In the case of a PRD and MXD planned unit development, each development area shall be designated by the zoning district that will control its permitted uses and development standards. Permitted uses and development standards for an RMXD, however, shall be governed and controlled by the conceptual plan reviewed by the planning board and adopted by the city council. A sketch plan for each development phase of the RMXD consistent with the conceptual plan shall be submitted for review by the planning board and approved by the city council before construction begins.

(7)

Manmade and natural features within and adjacent to the property, including existing streets, railroads, city limit lines, streams and shorelines, power transmission lines, and other significant information such as the approximate location of bridges, utility lines, existing buildings to remain, and other features as appropriate to the nature of the application.

(8)

Proposed use of the property. If more than one principal use is proposed, the location of each use is to be shown, including any land to be designated as open space or conveyed to the public.

(9)

Proposed circulation system of public streets within the property, if any.

(10)

The proposed project layout including:

a.

For subdivisions, lot lines and street right-of-way lines, along with the front building setback line on each lot.

b.

For multifamily and nonresidential development projects:

1.

The approximate outline and location of all buildings.

2.

The number of residential dwelling units or square footage of nonresidential building areas, as applicable.

3.

The location of all minimum building setback lines.

4.

The location of all outdoor storage areas, refuse collection areas, parking areas, and driveways.

(11)

Proposed buffers, landscaping, or other screening, if any.

(12)

The approximate location of proposed stormwater detention facilities.

(13)

Such additional information as may be useful to permit an understanding of the proposed use and development of the property.

(Ord. No. 98-0921, § 4.2.2, 9-21-1998; Ord. No. 2009-0202A, 2-2-2009)

(a)

Impact analysis. An applicant for rezoning to any zoning district shall submit an impact analysis with their application. The impact analysis shall consider the effect, if any, of the proposed development as to each item under the standards for rezoning, outlined in section 118-161.

(b)

PUD documentation. An applicant for a PUD planned unit development shall submit the following with their application:

(1)

A statement of development objectives, including a description of the character of the proposed development and its relationship to surrounding development in terms of compatibility, access, buffers, height, lighting, etc.

(2)

A description of the anticipated phasing of the project, as well as an estimated construction schedule of infrastructure and amenities that will be completed in each phase.

(3)

A statement designating responsibility for the permanent care and maintenance of all open spaces, recreational areas, road rights-of-way, utilities, etc.*

(4)

Declaration of all applicable covenants, restrictions and neighborhood associations that will govern any of the intended uses, if any.*

(5)

Quantitative summary of information shown on the sketch plan, such as the number of residential units, square footage of nonresidential building area, acreage of each development area by use, etc.*

* To be supplied at the sketch plan review prior to the start of construction of each phase of an RMXD planned unit development.

(Ord. No. 98-0921, § 4.2.3, 9-21-1998; Ord. No. 2009-0202A, 2-2-2009)

The planning commission and the city council shall consider the following standards in considering any zoning proposal that would result in a change in the boundary of a zoning district, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

(1)

Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?

(2)

Will the proposed use not adversely affect the existing use or usability of adjacent or nearby property?

(3)

Is the proposed use compatible with the purpose and intent of the comprehensive plan?

(4)

Are there substantial reasons why the property cannot or should not be used as currently zoned?

(5)

Will the proposed use not cause an excessive or burdensome use of public facilities or services, including, but not limited to, streets, schools, water or sewer utilities, and police or fire protection?

(6)

Is the proposed use supported by new or changing conditions not anticipated by the comprehensive plan or reflected in the existing zoning on the property or surrounding properties?

(7)

Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property?

(Ord. No. 98-0921, § 4.2.4, 9-21-1998)

Before the city council may take final action on a proposed rezoning, the planning commission and the city council each shall hold a public hearing on the proposal.

(1)

Public notice.

a.

The city is to give public notice as to the time, place, and purpose of the public hearing in accordance with section 118-35(a).

b.

If the rezoning has been requested by the property owner, the published notice is to include the property information and the posting of a sign in accordance with section 118-35(b) and (c).

(2)

Planning commission public hearing.

a.

The public hearing held by the planning commission for a rezoning application shall be held within 60 days of receipt of a complete application. The public hearing shall be conducted in accordance with section 118-36.

b.

The public hearing shall be convened by the chairperson, the vice-chairperson, or the chairperson's designee, who shall act as the presiding official.

1.

Following the public hearing on each rezoning, the planning commission shall make its recommendation or take such other action as may be appropriate by majority vote of those voting.

2.

A majority of those voting is necessary to approve a motion to recommend approval or denial of an application.

3.

If a motion to recommend approval of an application fails, the planning commission shall recommend that the city council deny the application. If a motion to recommend denial of an application fails, another motion would be in order.

4.

If there is a tie vote on a motion to recommend approval of an application, then the planning commission shall recommend that the city council deny the application. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

(3)

City council public hearing.

a.

The city council shall hold its public hearing on an application for a rezoning at its first scheduled meeting following the planning commission public hearing on the application.

b.

At the city council's hearing when the proposed rezoning is scheduled to be considered, the mayor or the mayor's designee shall act as the presiding official.

c.

Following the public hearing on each rezoning, action shall be taken by vote of the city council.

1.

A majority of the whole number of the members of the council to which the municipality is entitled, including the mayor, is necessary to approve or deny an application.

2.

If a motion to approve an application fails, the application is denied. If a motion to deny an application fails, another motion would be in order.

3.

A tie vote on a motion for approval of an application shall be deemed a denial of the application. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

d.

In taking action on an application, the city council may:

1.

Approve or deny the proposal;

2.

Allow withdrawal upon the request of the applicant (with or without a restriction on refiling within a stated time period);

3.

Table the proposal for consideration at its next scheduled meeting; or

4.

Refer the matter back to the planning commission for further consideration.

(4)

Referral to planning commission for further consideration.

a.

The city shall give public notice of the planning commission's hearing for further consideration in the same manner as described in section 118-162, and the planning commission shall conduct its additional public hearing and take action as described in this section.

b.

After the planning commission's rehearing and recommendation on the referred application, the city council shall follow the same procedures set forth in this section to consider the application.

(Ord. No. 98-0921, § 4.2.5, 9-21-1998)

(a)

Any applicant wishing to withdraw a proposed rezoning before the city council takes final action shall file a written request for withdrawal with the city building official.

(1)

If the request for withdrawal is received before the publication of notice for the public hearing, the city building official shall withdraw the application without restricting the refiling of a proposed rezoning on the property in the future.

(2)

If notice has been published (or is irretrievably set for publication) but the city council has not heard the application, the city building official shall withdraw the application, and the applicant shall not resubmit an application for a rezoning on the property for six months from the date of withdrawal.

(b)

If the applicant requests withdrawal at the city council's meeting, the application shall remain on the public hearing agenda and the city council shall approve or deny the withdrawal request.

(Ord. No. 98-0921, § 4.2.6, 9-21-1998)

(a)

Approval of a rezoning on a property shall be in full force and effect upon its approval by the city council.

(b)

For a property on which a use, building, structure, or other improvements existed in conformity with the provisions of this chapter prior to the effective date of a rezoning affecting the property, any such use, building, structure, or other improvements no longer in conformity shall be governed under the provisions for nonconformities in article I of this chapter.

(c)

Construction of any building, structure, or other improvements for which a building permit was issued in conformity with this chapter prior to the effective date of a rezoning affecting the property may continue to completion as though no change had occurred and, upon completion, shall be governed under the provisions for nonconformities in this chapter, as applicable.

(Ord. No. 98-0921, § 4.2.7, 9-21-1998)

It is the intent of this subdivision to provide for flexibility in the development of a property approved for a planned unit development (PUD), and to allow changes to the approved sketch plan in accordance with certain guidelines.

(1)

Incidental changes. The city building official may approve adjustments to the plan due to engineering or other circumstances that were unforeseen at the time of approval of the PUD and that are clearly incidental in scope. All requests and responses shall be submitted in writing.

(2)

Minor changes. The city building official, in consultation with the chair of the planning commission and the city council's representative to the planning commission, may approve minor changes to the approved sketch plan that do not impact the overall planning criteria establishing the PUD. All requests and responses shall be submitted in writing. Minor changes include:

a.

Changes in density, acres, square footage, or open space of no more than ten percent. All such changes in the aggregate shall be considered in calculating the maximum ten percent limitation.

b.

Changes in the configuration of the land use areas within the PUD that do not affect the overall development layout.

(3)

Major changes. A major change in the plan shall be defined as a change in the land use districts reflected on the conceptual plan and any changes that cannot be defined as "incidental" or "minor" in nature as noted in subsections (1) and (2) of this section. Major changes shall require the PUD to be resubmitted to the planning commission and city council as a rezoning request.

(Ord. No. 98-0921, § 4.3.1, 9-21-1998)

The planning commission will require that the PUD be reviewed on a two-year basis. This review will be at no charge to the developer of the PUD, but will require appropriate documentation and illustrations depicting the progress attained in completing the PUD construction. If any modifications are proposed to the PUD as a part of the periodic review, the developer shall follow the required rezoning procedures and applicable fees.

(Ord. No. 98-0921, § 4.3.2, 9-21-1998)

The city council may amend this chapter from time to time in whole or in part under the provisions of this subdivision.

(Ord. No. 98-0921, § 4.4, 9-21-1998)

The city council or the planning commission may initiate a proposed change to the text of this chapter by a majority vote of those voting.

(Ord. No. 98-0921, § 4.4.1, 9-21-1998)

The planning commission and the city council shall consider the following standards in considering any proposal that would result in a change to the text of this chapter, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

(1)

Is the proposed amendment consistent with the purpose and intent of this chapter?

(2)

Does the proposed amendment further or is it compatible with the purpose and intent of the comprehensive plan?

(3)

Is the proposed amendment required to adequately address new or changing conditions in the city or to properly implement the comprehensive plan?

(4)

Does the proposed amendment reasonably promote the public health, safety, morality or general welfare?

(Ord. No. 98-0921, § 4.4.2, 9-21-1998)

Before the city council may take final action on a proposed text amendment, the planning commission and the city council each shall hold a public hearing on the proposal.

(1)

Public notice. The city is to give public notice as to the time, place, and purpose of the public hearing in accordance with section 118-35(a).

(2)

Planning commission public hearing.

a.

The public hearing held by the planning commission for a text amendment shall be conducted in accordance with section 118-36.

b.

The public hearing shall be convened by the chairperson, the vice-chairperson, or the chairperson's designee, who shall act as the presiding official.

c.

Following the public hearing on each text amendment, the planning commission shall make its recommendation or take such other action as may be appropriate by majority vote of those voting.

1.

A majority of those voting is necessary to approve a motion to recommend approval or denial of an amendment.

2.

If a motion to recommend approval of an amendment fails, the planning commission shall recommend that the city council deny the application. If a motion to recommend denial of an amendment fails, another motion would be in order.

3.

If there is a tie vote on a motion to recommend approval of an amendment, the planning commission shall recommend that the city council deny the application. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

(3)

City council public hearing.

a.

The city council shall hold its public hearing on a proposed text amendment at its first scheduled meeting following the planning commission public hearing on the amendment.

b.

At the city council's hearing when the proposed text amendment is scheduled to be considered, the mayor or the mayor's designee shall act as presiding official.

c.

Following the public hearing on a text amendment, action shall be taken by vote of the city council.

1.

A majority of those voting is necessary to approve a motion to approve or deny an amendment for the motion to be approved.

2.

If a motion to approve an amendment fails, the amendment is denied. If a motion to deny an amendment fails, another motion would be in order.

3.

A tie vote on a motion for approval of an amendment shall be deemed a denial of the amendment. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

d.

In taking action on an amendment, the city council may:

1.

Approve, approve with changes, or deny the proposal;

2.

Table the proposal for consideration at its next scheduled meeting; or

3.

Refer the matter back to the planning commission for further consideration.

(4)

Referral to planning commission for further consideration.

a.

The city shall give public notice of the planning commission's hearing for further consideration in the same manner as described in subsection (1) of this section, and the planning commission shall conduct its additional public hearing and take action as described in this section.

b.

After the planning commission's rehearing and recommendation on the referred application, the city council shall follow the same procedures set forth in subsection (3) of this section to consider the application.

(Ord. No. 98-0921, § 4.4.3, 9-21-1998)

(a)

Approval of a text amendment shall be in full force and effect upon its approval or upon the stated effective date thereof, and shall thereupon apply to every property for which a use has not been established or for which a building permit or development permit may subsequently be requested.

(b)

For a property on which a use, building, structure, or other improvements existed in conformity with the provisions of this chapter prior to the effective date of a text amendment affecting the property, any such use, building, structure, or other improvements no longer in conformity shall be governed under the provisions for nonconformities in article I of this chapter.

(c)

Construction of any use, building, structure, or other improvements for which a building permit was issued in conformity with this chapter prior to the effective date of a text amendment may continue to completion as though no change had occurred and, upon completion, shall be governed under the provisions for nonconformities in this chapter, as applicable.

(Ord. No. 98-0921, § 4.4.4, 9-21-1998)