Spearfish City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 156.080 ORGANIZATION.

(A) Administrative officer. The provisions of this chapter shall be administered by the Zoning Administrator, who shall:

(1) Maintain and keep current zoning maps and records of amendments, variances and uses permitted on review;

(2) Conduct inspections as prescribed by this chapter; and

(3) Interpret the provisions of this chapter.

(B) City Council. The City Council shall:

(1) Establish rules of procedure that are necessary to the performance of its functions under this chapter; and

(2) Review and decide all applications and amendments, uses on review and variances brought forth by the public in accordance with this subchapter.

(1) Establish rules of procedure that are necessary to the performance of its function under this chapter; and

(2) Review and make recommendation to the City Council on all applications brought forth by the public in accordance with this subchapter, or as required by state statutes not specifically identified herein.

(Prior Code, App. A, Art. VI, § 1) (Ord. 969, passed 8-18-2003; Ord. 999, passed 2-7-2005)

§ 156.081 VARIANCES.

(A) Generally. A variance modifies the strict application of a particular zoning regulation in unique and individual cases where the application of the regulation would result in a practical difficulty or unnecessary hardship. Variances are to be granted under exceptional circumstances and shall only be for the minimum necessary relief.

(B) Applicability.

(1) Variances may not be granted to allow a use prohibited or ineligible for a conditional use permit.

(2) A variance may be granted for the development standards found within the area regulations of each zoning district that apply to maximum/minimum numerical distances, maximum/minimum numerical quantities, ratios, square footage type standards and parking standards.

(1) A property owner may apply to the Board of Adjustment for a variance, using forms available from the Zoning Administrator. Fees, as set forth in the fee schedule adopted by resolution of the City Council, shall accompany the application.

(2) Upon receiving a complete application for variance, the Zoning Administrator shall place the application on the Planning Commission’s regular agenda.

(3) The Planning Commission shall review the variance request, set forth its findings, forward its recommendation to the Board of Adjustment, and set the date of the Board of Adjustment’s public hearing.

(4) A minimum of ten days prior to the date of the Board of Adjustment’s public hearing, the applicant shall post a sign measuring 18 by 24 inches on the property for which the variance is requested, notifying the public of the date and time of the public hearing. The Zoning Administrator shall provide the applicant with the sign. The applicant shall be responsible for ensuring the sign remains posted on the property until the public hearing is held.

(5) Legal notice of the Board of Adjustment public hearing shall be published in the official city newspaper ten days prior to the hearing. The notice shall contain the date, time and place of the public hearing.

(6) The Board of Adjustment shall issue its decision within 30 days of the public hearing. A variance shall be considered approved if the application receives an affirmative vote by a two-thirds’ majority of present and voting members of the Board of Adjustment. As a condition of approval, the Board of Adjustment may impose, consistent with the general purpose and intent of the zoning ordinance, appropriate conditions and safeguards to any variance granted.

(7) The decision of the Board of Adjustment shall be documented by written findings of fact and conclusions of law based on the evaluation criteria.

(D) Evaluation criteria. A variance shall be approved only if the applicant is able to satisfy each of the following three criteria:

(1) The requested variance is not contrary to the public interest, as determined by the Board of Adjustment. In order to fulfill the public interest, the proposed variance must not:

(a) Alter the essential character of the locality; or

(b) Endanger public safety.

(2) The requested variance must result from special physical conditions on the property, which:

(a) Are natural or human-made surroundings, shape or topographical conditions that do not result from persons presently having an interest in the property; or

(b) Because the property is situated within any of the following downtown core neighborhoods and has a lot width of 75 feet or less, or a square footage of less than 8,000 square feet:

1. Original Town Plat;

2. Uhlig Addition;

3. Ramsdell Addition;

4. West Addition; and

5. Schar’s Addition.

(3) A literal enforcement of the provisions will result in unnecessary hardship:

(a) Because of the special physical conditions of the property, unusual hardship that would serve no public purpose would result to the owner if required to act in strict conformity with the provisions of the zoning regulations and the authorization of a variance is therefore necessary to enable the reasonable use of the property; and

(b) The hardship must be unique to a particular piece of property to justify a variance, and not shared by all property in a particular zone.

(E) Recording. If the variance is granted, the Zoning Administrator shall cause the resolution approving the variance to be recorded in the Office of the County Register of Deeds once a building permit has been issued and construction has commenced. The variance shall thereafter run with the land.

(F) Denial. If an application for a variance is denied, reapplication shall not be permitted for a period of one year, unless the Zoning Administrator determines that the nature of the application has materially changed.

(G) Expiration.

(1) A variance shall automatically expire in one of the following circumstances:

(a) A building permit has not been issued within 18 months of the variance approval; or

(b) A building permit has been issued, but construction has not commenced within one year of permit issuance.

(2) This section is expressly made retroactive to apply to variances granted prior to the passage of this chapter.

(Prior Code, App. A, Art. VI, § 2) (Ord. 1267, passed 9-18-2017)

§ 156.082 CONDITIONAL USE PERMITS (CUP).

(A) Generally.

(1) Each zoning district enumerates certain uses permitted by right and certain conditional uses. A conditional use is a use that is not permitted by right, but which may be permitted in a zoning district, based upon the review of compliance with specific criteria, public hearing and imposed conditions.

(2) The city recognizes that diversity and the blending of compatible uses is essential to a healthy and dynamic community. Toward that end, the following procedure is established to properly integrate conditional uses with permitted uses in various zoning districts, which the Common Council finds to be in accordance with the objectives of the comprehensive plan.

(3) Each category of conditional use is listed in individual zoning districts. If a use is not identified on the list of conditional uses, or if the Zoning Administrator is unable to make an interpretation that a proposed use is analogous to those listed, the use is not permitted in that particular zoning district.

(B) Approving authority. Application for a CUP shall be approved or denied by the Planning Commission following a recommendation from the Zoning Administrator. A CUP shall be considered approved by the Planning Commission if the application receives an affirmative vote by a simple majority of the present and voting members.

(C) Evaluation criteria. In either making a recommendation to approve or deny, or acting to approve or deny an application for a CUP, the following criteria shall be considered:

(1) The proposed use shall comply with other ordinances. A CUP may not be issued to allow a use otherwise prohibited specifically identified as being eligible for a CUP;

(2) The proposed use shall be eligible for a CUP based on the zoning district;

(3) The proposed use shall comply with the setback, lot coverage, height and other requirements of the zoning district, unless the subject property is currently legally nonconforming or a request for a variance is simultaneously submitted with the application for a CUP;

(4) The proposed use shall be compatible with the location, physical character and topographic features of the property;

(5) Buffering measures along parcel boundaries shall exist or be incorporated to mitigate any visual impact of outdoor use areas onto adjacent property;

(6) If applicable, lighting from all sources shall be designed so that it does not unreasonably affect adjacent property;

(7) The proposed use shall not create an unreasonable public safety issue relating to the property or its surroundings, nor increase the risks of an existing public safety issue;

(8) The proposed use shall have adequate pedestrian and vehicular access, circulation and parking, including those related to bicycle transportation and transportation by persons with physical disabilities;

(9) The proposed use shall not result in any unusual or unreasonable parking impacts.

(10) The proposed use shall not result in an unusual or unreasonable number of vehicle trips per day as measured against the character of the neighborhood of the subject property and the street network serving it;

(11) The proposed use shall not result in an unusual or unreasonable level of noise;

(12) Adequate public services and utilities shall be available to accommodate the proposed use;

(13) Additional imposed conditions, if any, will mitigate any probable adverse impacts of the proposed use; and

(14) For applications for small wind energy systems (SWES) only, the specific conditional use permit criteria for the SWES has been met.

(D) Application and approval procedure.

(1) A property owner or a designated representative may apply for a CUP, using forms available from the Zoning Administrator. Fees shall be required as established by City Council resolution. The Zoning Administrator shall review the application for completeness and select the date of the Planning Commission’s public hearing.

(2) The Zoning Administrator shall send, by first class mail postmarked a minimum of ten days prior to the date of the Planning Commission public hearing, a notice to the owner of record of each parcel situated within 140 feet of the subject property, exclusive of rights-of-way, of the nature of the request and the date, place and time of the public hearing of the Planning Commission.

(3) A minimum of ten days prior to the date of the public hearing, the applicant shall post a sign on the property for which the CUP is requested, notifying the public of the date and time of the public hearing. Sign size and content shall be according to the site posting guidelines adopted by the City Council. The applicant shall be responsible for acquiring the sign and following the procedures as indicated in the guidelines.

(4) Prior to the public hearing, the Zoning Administrator shall review the merits of the application and forward his or her recommendation to the Planning Commission, together with any recommended conditions regarding the location, character or other features of the proposed use as the Zoning Administrator may deem advisable in the furtherance of the general purposes of this section. In his or her recommendation, the Zoning Administrator shall fully set forth the findings to support his or her recommendation and conditions.

(5) The Planning Commission shall hold its public hearing, having given ten days’ notice of the date, place and time of the hearing in the city’s designated legal newspaper.

(6) Within 30 days of its public hearing, the Planning Commission shall issue its approval or denial fully, setting forth the findings to support its decision to approve or deny. The Planning Commission may approve the CUP application with added conditions it may deem advisable in the furtherance of the general purposes of this section or another city ordinance.

(7) The findings of the Planning Commission shall be documented in a written statement that includes:

(a) A listing of the criteria from § 156.082(C), along with an explanation as to whether each criterion has or has not been met. In circumstances where an individual criterion does not apply, an explanation shall be provided of why it does not apply; and

(b) The voting record of the Planning Commission, the date of the Planning Commission’s action and the signature of the Planning Commission chair.

(E) Appeal. The Planning Commission’s action taken on a CUP may be appealed to the Board of Adjustment by any person aggrieved by the decision, or by any officer, department, board or bureau of the municipality affected by the decision, according to the following procedure.

(1) Notice of appeal must be filed with the Zoning Administrator within ten days of the decision of the Planning Commission. The notice of appeal shall specify the grounds of the appeal, which shall include specific reference to the Planning Commission’s finding(s) alleged to be in error or how the city failed to regularly pursue its authority. If a notice of appeal is accepted by the Zoning Administrator, the approval of the CUP in question shall be stayed until the appeal is finally resolved by the issuance of the Board of Adjustment’s decision.

(2) At its next meeting, the Planning Commission shall set a public hearing before the Board of Adjustment.

(3) The Zoning Administrator shall compile the record and forward it to the Board of Adjustment no later than ten days before the public hearing.

(4) The record shall be a public document and will consist of the CUP application, staff report, minutes of the Planning Commission meeting where the CUP was considered, findings of fact and conclusion of law adopted by the Planning Commission and any relevant attachments or exhibits.

(5) The Zoning Administrator shall send, by first class mail postmarked a minimum of ten days prior to the date of the Board of Adjustment public hearing, a notice to the following:

(a) Each person who provided his or her mailing address while offering testimony during the Planning Commission hearing when the CUP was first approved;

(b) Each owner of record of each parcel situated within 140 feet of the subject property, exclusive of rights-of-way; and

(c) The notice shall include the date, place and time of the public hearing of the Board of Adjustment. The notice shall include a statement that copies of the record of the Planning Commission’s decision are available for review and photocopying at the office of the Zoning Administrator.

(6) It shall require a two-thirds’ vote of the members of the Board of Adjustment to reverse or modify the decision of the Planning Commission.

(F) Denial. If an application for a CUP is denied, reapplication shall not be permitted for a period of one year, unless the Zoning Administrator determines that the nature of the application has materially changed.

(G) Review. Upon receipt of a written complaint filed by a party directly affected and upon a determination by the Zoning Administrator that the complaint states sufficient cause to review a CUP, or at the Zoning Administrator’s independent determination that sufficient cause exists to review a CUP, the Zoning Administrator may request that the Planning Commission conduct a format review of a CUP. A written complaint shall contain a detailed description of an impermissible use not allowed by the existing zoning or not permitted by the CUP.

(H) Revocation. A CUP may be revoked by the Planning Commission only for cause, consisting of failure to maintain the standards or conditions under which the CUP was issued, and according to the following procedure.

(1) A notice of intent to revoke a CUP shall be sent by the Zoning Administrator to the person that holds the CUP. The notice shall be in writing and sent via certified mail or hand delivery and shall specify the area or areas of failure to meet requirements and maintain conditions that may have been imposed and provide a deadline for compliance.

(2) If, prior to the deadline, proof of compliance is made by the holder of the CUP, the CUP shall be continued in force.

(3) Upon notice of intent to revoke, the holder of a CUP has the right to request a public hearing. If such a request is made, the Planning Commission shall hold a public hearing on the matter and make a final determination on the revocation.

(4) If, upon receiving a notice of intent to revoke, the holder of a CUP requests a public hearing, the Zoning Administrator shall send, by certified mail postmarked a minimum of ten days prior to the date of the Planning Commission revocation public hearing, a notice of the date, place and time of such public hearing to such holder and to each owner of record of each parcel situated within 140 feet of the subject property, exclusive of rights-of-way.

(5) If, following notice, the holder of a CUP does not assert his or her right to a public hearing, the CUP shall be deemed to be revoked on the thirty-first day following the notice.

(I) Expiration. A CUP shall automatically expire if:

(1) The use for which it was approved ceased for a period of two years; or

(2) The use for which it was approved has not been undertaken and completed according to the terms and conditions of the CUP within one year of approval or within one year of the time specified in the CUP for completion, whichever is later. A CUP is considered approved upon the effective date of the Planning Commission’s or Board of Adjustment’s approval, whichever is later.

(J) Amendments. A CUP may be amended. Amendments are considered major or minor and are addressed in the following manner.

(1) Major amendments must be reviewed by the Planning Commission, under the provisions of this section. The notice, hearing, criteria, fee and other provisions apply as though the application is for a new CUP. A major amendment is one where:

(a) A new conditional use is proposed;

(b) The applicant proposes any change to specific conditions approved by the Planning Commission in the initial approval or as modified by the Board of Adjustment;

(d) The Zoning Administrator determines that the amendment is major.

(2) Minor amendments may be reviewed and approved by the Zoning Administrator. A minor amendment is one where the Zoning Administrator determines that the proposed amendment or modification to the site will not have a significant adverse impact on neighboring properties, the street network or the appearance of the property, and is otherwise in conformance with the spirit of the initial approval. The Zoning Administrator shall consider the criteria outlined in this section to determine if the proposed amendment or modifications still meet the requirements of a CUP.

(K) Transfer.

(1) A CUP may be transferred from the original holder to a new holder, subject to the conditions and restrictions of the original CUP. Any proposed change in use must be submitted to the Zoning Administrator as an amendment. To transfer to a new holder, a letter providing the new CUP holder’s contact name(s), address and telephone number, shall be submitted to the Zoning Administrator who shall then update the CUP record accordingly.

(2) Conditional use permits (formerly known as “use permits” or “uses permitted on review”) issued before the effective date of this section shall be governed by the approvals and conditions given at the time of approval. However, any proposed amendments or revocation proceedings shall be governed by this section.

(Prior Code, App. A, Art. VI, § 3) (Ord. 1225, passed 12-21-2015; Ord. 1277, passed 4-2-2018; Ord. 1303, passed 12-2-2019)

§ 156.083 DEVELOPMENT LOT AGREEMENTS.

(A) An owner wishing to enter into a development lot agreement shall submit the following to the city:

(1) A completed development lot agreement application form;

(2) A copy of the deeds for all lots pertaining to the agreement;

(3) An exhibit depicting the existing structures, proposed improvements and easements on the lots to be affected by the development agreement. This exhibit shall illustrate that all easements and the terms of the zoning ordinance can be satisfied; and

(4) A filing fee as established in the fee schedule adopted by resolution by the City Council.

(B) Upon satisfactory completion of the requirements in division (A) above, the city and the owner shall sign the development lot agreement, and the city shall file such agreement with the County Register of Deeds prior to the issuance of a building permit (if permit is required).

(C) All properties with existing accessory uses and/or structures located on adjacent lots to the main use as of January 27, 2011, are hereby considered to be legal nonconforming, and may continue in use without being required to enter into a development lot agreement. All future accessory uses/structures shall be required to submit according to the provisions of divisions (A) and (B) above.

(D) Owners that wish to release a development lot agreement shall do so by completing the development lot agreement application form for Zoning Administrator approval and shall demonstrate they meet the following criteria, where applicable:

(1) All accessory structures and uses that were permitted by the development lot agreement no longer exist; and

(2) A building permit for the main/primary permitted use is issued for a lot having an accessory use/structure affected by the development lot agreement.

(E) Upon approval, the Zoning Administrator shall then file a release of development lot agreement with the County Register of Deeds.

(Prior Code, App. A, Art. VI, § 4.1) (Ord. 1129, passed 1-3-2011; Ord. 1195, passed 7-7-2014)

§ 156.084 AMENDMENTS.

This chapter may be amended, supplemented, revised or repealed from time to time as conditions warrant, subject to the following standards and procedures.

(A) Standards for amendments. A proposed amendment shall be considered on its own merits using the following criteria as a guide.

(1) Text or map amendments. Proposed amendments shall:

(a) Be necessary because of substantially changed or changing conditions of the area and district affected, or in the ordinance generally;

(b) Be consistent with the intent and purposes of the ordinance;

(d) Be consistent with and not in conflict with the city’s comprehensive plan.

(2) Errors or oversights. Errors or oversights as may be found in the ordinance as originally adopted shall be corrected under the normal amendment procedure.

(B) Text amendment request. Text amendment requests shall be filed with the Zoning Administrator. Requests may be initiated by the Planning Commission or City Council.

(1) General. The proposed amendment shall be presented at a regularly scheduled meeting of the Planning Commission, at which time the Commission may initiate a study of the amendment. If no study is deemed necessary, a public hearing shall be set.

(2) Hearing by the Planning Commission. The Planning Commission shall publish legal notice not less than ten days prior to the public hearing. At the close of the public hearing, the Planning Commission shall forward its recommendation to the City Council.

(3) Hearing by City Council. The City Council shall publish twice for two successive weeks’ notice of a final public hearing on the amendment. After taking into account all pertinent information and the recommendation of the Planning Commission, the City Council shall make a final determination within 30 days from the date of the hearing.

(C) Rezoning request. An application for a rezoning shall be filed with the Zoning Administrator. Rezoning requests may be initiated by either the property owner or a designated representative, or by an appropriate governmental agency. If by a designated representative, the designation shall be in writing, signed by the property owner and filed with the application.

(1) Application. The applicant shall appear before the Planning Commission to present the application, at which time the Planning Commission may initiate a study of the request. If in the opinion of the Planning Commission a study is not required, a public hearing shall be set.

(2) Notification procedure. The applicant shall notify by certified letter, at least ten days in advance of the public hearing, the owners of equity of all property in the city limits within 200 feet, exclusive of streets and alleys, from any part of the property subject to the rezoning, of the date, place and time of the public hearing. Such notification shall fully set forth a description of the development plan for the property, if any, in the event the rezoning request is approved.

(3) Hearing by the Planning Commission. The Planning Commission shall publish legal notice not less than ten days prior to the public hearing. At the close of the public hearing, the Planning Commission shall forward its recommendation to the City Council.

(4) Hearing by City Council. The City Council shall publish twice for two successive weeks’ notice of a final public hearing on the application. After taking into account all pertinent information and the recommendation of the Planning Commission, the City Council shall make a final determination within 30 days of the date of the hearing.

(D) Concurrent annexation/zoning designation requests. The boundaries of the corporate limits of the city may be amended from time to time, upon a concurrent annexation/zoning designation request by either a property owner or a designated representative. If by a designated representative, the designation must be in writing, signed by the property owner and filed with the application request. The applicant shall comply with the following procedures.

(1) Application. The applicant shall present a concurrent annexation/zoning designation application request with the required fee to the Zoning Administrator.

(2) Optional Planning Commission review. If determined appropriate by the Zoning Administrator, the applicant shall appear before the Planning Commission to present the application, at which time the Planning Commission may initiate a study of the request which may include, but not be limited to, the compatibility of the proposed development and zoning designation to: surrounding land use and zoning; topography; access; and the availability of municipal services. If in the opinion of the Planning Commission a study is not required, a public hearing shall be set.

(3) Public hearing by the Planning Commission. The Planning Commission shall publish legal notice not less than ten days prior to the public hearing. Prior to the public hearing, the applicant shall provide documentation that property owners in the city limits within 200 feet have been notified by certified mail of the date, place and time of the hearing. At the close of the public hearing, the Planning Commission shall forward its recommendation to the City Council.

(4) City Council review. If Planning Commission review of the request is not required by the Zoning Administrator, the request shall be presented to the City Council.

(5) Hearing by City Council. The City Council shall publish twice for two successive weeks’ notice of a final public hearing on the application. After taking into account all pertinent information and, if applicable, the recommendation of the Planning Commission, the City Council shall make a final determination within 30 days of the date of the hearing.

(Prior Code, App. A, Art. VI, § 5) (Ord. 969, passed 8-18-2003)

§ 156.085 APPEALS.

(A) Within 30 days of the Zoning Administrator’s decision, a person may appeal, in writing, to the City Council. The appeal shall be accompanied by fees as set forth in § 156.086.

(B) Upon receipt of an appeal and fee, the City Council shall consider and decide within 30 days.

(Prior Code, App. A, Art. VI, § 6) (Ord. 969, passed 8-18-2003)

§ 156.086 FEES.

Fees as described in this zoning ordinance are established in the fee schedule adopted by resolution of the City Council.

(Prior Code, App. A, Art. VI, § 7) (Ord. 969, passed 8-18-2003; Ord. 1195, passed 7-7-2014)

§ 156.087 PENDING ORDINANCE RULE.

An applicant may be denied a permit, plat, replat, rezone, variance, use on review permit or other use of property for a use allowed by this chapter if, at the time of application, an amendment is pending, which if adopted, would proscribe the proposed use.

(Prior Code, App. A, Art. VI, § 8) (Ord. 969, passed 8-18-2003)

§ 156.088 COMPLAINTS REGARDING VIOLATIONS.

Any person directly affected may file a written complaint alleging a violation of this chapter. The complaint shall state the basis for the violation, how the complainant is affected and be filed with the Zoning Administrator, who shall timely investigate and take appropriate action as provided by this chapter.

(Prior Code, App. A, Art. VI, § 9) (Ord. 969, passed 8-18-2003)

§ 156.089 VALIDITY.

Should any section, clause or provision of this chapter be declared by the court to be unconstitutional or invalid, such shall not affect the validity of the ordinance as a whole or any other part, other than the part judged invalid.

(Prior Code, App. A, Art. VI, § 11) (Ord. 969, passed 8-18-2003)

§ 156.090 MINIMUM REQUIREMENTS.

In the interpretation and application of the provisions of this chapter, these provisions shall be held to be minimum requirements, adopted for the promotion of the public health, convenience, safety and the general welfare in the city.

(Prior Code, App. A, Art. VI, § 12) (Ord. 969, passed 8-18-2003)

§ 156.091 CONFLICTS.

Where any provision of this chapter imposes restrictions different from those imposed by any other provisions of this chapter, or any other ordinance, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction. Restrictive covenants may be taken into consideration by the city in the issuance of building permits. As a rule of law, the city may not enforce covenants.

(Prior Code, App. A, Art. VI, § 13) (Ord. 969, passed 8-18-2003)

§ 156.092 REFERENCE TO REVISED ORDINANCE.

Additions or amendments to the ordinance codified in this chapter when passed in the form as to indicate the intention of the Common Council to make the same a part of the zoning ordinance shall be deemed to be incorporated in the zoning ordinance so that reference to the zoning ordinance includes the additions and amendments.

(Prior Code, App. A, Art. VI, § 16) (Ord. 969, passed 8-18-2003)

§ 156.093 FUTURE AMENDMENTS.

Ordinances adopted after October 1, 2003 that amend or refer to ordinances that have been codified in the zoning ordinance shall be construed as if they amend or refer to like provisions of the zoning ordinance.

(Prior Code, App. A, Art. VI, § 17) (Ord. 969, passed 8-18-2003)

§ 156.999 PENALTY.

Unless another penalty is expressly provided, every person convicted of a violation of any provision of this chapter, rule or regulation, adopted or issued in pursuance thereof, shall be punished by a fine of not more than $500. Each violation and each day upon which any violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section herein, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty described above, the city may pursue other remedies, including, but not limited to, abatement of nuisances, injunctive relief, civil action and revocation of licenses or permits. The owner or owners of real estate within the district affected by the regulation of this chapter may also pursue such remedies.

(Prior Code, App. A, Art. VI, § 10) (Ord. 969, passed 8-18-2003; Ord. 1060, passed 7-2-2007) - Parallel References