Spencer City Zoning Code

   The formulation and enactment of these zoning regulations is based upon the division of the city into districts, each of which are permitted specified uses which are mutually compatible. In addition to such permitted compatible uses, however, it is recognized that there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts but because of their actual or potential impact on neighboring uses or public facilities, need to be carefully regulated with respect to their location for the protection of the city. Such uses, on account of their peculiar location, need or the nature of the service offered, may have to be established in a district in which they cannot be reasonably allowed as a permitted use.

   (A) Jurisdiction. The Building and Zoning Officer shall be responsible for administration of the special exception procedure and the Board of Adjustment shall be responsible for the review, evaluation and action on all applications for a special exception use permit.

   (B)   Application and fee. Application for a special exception use permit shall be filed with the Building and Zoning Officer. The application shall include the following:

      (1)   Name and address of the owner and applicant;

      (2)   Address and legal description of the property;

      (3)   If the applicant is not the legal owner of the property, a statement that the applicant is the authorized agent of the owner of the property;

      (4)   A statement describing the nature and operating characteristics of the proposed use, including any data pertinent to the findings required for approval of the application;

      (5)   Site plans, preliminary building elevations, preliminary improvement plans and such additional maps and drawings, all dimensions sufficiently shown, as required to illustrate the following:

         (a)   The date, scale, north point, title, name of owner and name of person preparing the site plan;

         (b)   The location and dimensions of boundary lines, easements and required yards and setbacks;

         (c)   The location, height, bulk, general appearance and intended use of existing and proposed buildings on the site, and approximate location of existing buildings on abutting sites within 50 feet;

         (d)   The location of existing and proposed site improvements including parking and loading areas, pedestrian and vehicular access, landscaped areas, utility or service areas, fencing and screening, signs, and lighting;

         (e)   The location of watercourses and drainage features;

         (f)   The number of existing and proposed off-street parking and loading spaces, and a calculation of applicable minimum requirements; and

         (g)   The relationship of the site and proposed use to surrounding uses, including pedestrian and vehicular circulation, current use of nearby parcels and any proposed off-site improvements to be made.

      (6)   Any applicable fee established by the City Council.

   (C)   Public hearing and notice. The Board of Adjustment shall hold a public hearing on each application for a special exception use permit. Notice shall be given as prescribed in § 155.299. At the public hearing, the Board shall review the application and shall receive pertinent evidence concerning the proposed use and proposed conditions under which it would be operated or maintained.

   (D)   Report of the Building and Zoning Officer. The Building and Zoning Officer shall review the application or proposal and shall prepare a report which shall be filed with the Board of Adjustment and available to the applicant at the time of the hearing.

   (E)   Action by the Board of Adjustment. The Board of Adjustment shall act on the application not more than 20 days following the closing of the public hearing on a special exception use permit. The Board may grant a special exception use permit as the permit was applied for, or in a modified form or subject to conditions, or may deny the application. The Board shall notify the applicant of its decision by mail.

   (F)   Review and evaluation criteria. The Building and Zoning Officer and the Board shall review and evaluate special exception use permit applications using the following criteria:

      (1)   Conformance with applicable regulations and standards established by the zoning regulations;

      (2)   Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk and scale, setbacks and open spaces, landscaping and site development, and access and circulation features;

      (3)   Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent such impacts exceed those which reasonably may result from use of the site by a permitted use;

      (4)   Modifications to the site plan which would result in increased compatibility, or would mitigate potentially unfavorable impacts, or would be necessary to conform to applicable regulations and standards and to protect the public health, safety, morals and general welfare;

      (5)   Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use;

      (6)   Protection of persons and property from erosion, flood or water damage, fire, noise, glare and similar hazards or impacts;

      (7)   Location, lighting and type of signs; and relation of signs to traffic-control and adverse effects on adjacent properties;

      (8)   Adequacy and convenience of off-street parking and loading facilities;

      (9)   That adequate utilities, access roads, drainage, parking and/or necessary facilities have been or will be provided;

      (10)   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

      (11)   The use shall not include any activity involving the use or storage of flammable, or explosive material unless protected by adequate firefighting and fire-suppression equipment and by such safety devices as are normally used in the handling of any such material;

      (12)   The use shall not include noise which is objectionable due to volume, frequency or beat unless muffled or otherwise controlled;

      (13)   The use shall not include vibration which is discernible without instruments on any adjoining lot or property;

      (14)   The use shall not involve any malodorous gas or matter which is discernible on any adjoining property;

      (15)   The use shall not involve any pollution of the air by fly-ash, dust vapors or other substance which is harmful to health, animals, vegetation or other property or which causes soiling, discomfort or irritation;

      (16)   The use shall not involve any direct or reflected glare which is visible from any adjoining property or from any public street, road or highway;

      (17)   The use shall not involve any activity substantially increasing the burden on any public utilities or facilities unless provisions are made for any necessary adjustments;

      (18)   The use shall not interfere with the use or enjoyment of neighboring permitted uses. If such interference is found, provisions may be made for increased setbacks (up to 500 feet) from property lines or screening of incompatible use by the use of fences or hedges; and

      (19)   The use shall not create a hazard to vehicular traffic. If any such hazard is determined, provisions may be taken to increase the required setback in regard to open air storage.

   (G)   Conditions of approval. The Board of Adjustment may establish conditions of approval. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications; regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; and such other conditions as the Board may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety and welfare, and to enable the Commission to make the findings required for approval of the permit.

   (H)   Lapse of a conditional use permit. Unless a longer time shall be specifically established as a condition of approval, a special exception use permit shall lapse and shall become void, one year following the date on which such permit became effective, unless prior to expiration, a building permit is issued and construction is commenced and diligently pursued toward completion, or a certificate of occupancy is issued for the use, or the site is occupied if no building permit or certificate of occupancy is required.

   (I)   Revocation.

      (1)   The issuance of special exception use permit by the Board shall entitle the owner to continue to operate the use so long as he or she remains in compliance with the terms and conditions of this chapter and the terms, conditions, limitations, requirements and safeguards set forth in the special exception use permit, if such a special exception use permit is granted, does expressly grant to the city, for the enforcement of this chapter, the power and authority to enter upon the premises at any reasonable time for the purpose of inspection and enforcement of the terms of this chapter or of the terms of the special exception use permit.

      (2)   In the event the owner or occupant of the property for which a special exception use permit has been issued, shall violate any provision of this chapter or any term, condition, limitation, regulation or safeguards contained in the special exception use permit, the special exception use permit shall be and become null and void and the owner or occupant shall be deemed to be in violation of this chapter and the city may proceed to enforce the provisions of this chapter and the terms, conditions, limitations and safeguards of the special exception use permit as provided in this chapter. In addition to all other remedies provided herein, in the event that such special exception use permit shall be and become null and void, the compliance bond, if any, given by the owner under the provisions of this chapter shall be forfeited.

   (J)   Approval to run with the land. A special exception use permit granted pursuant to these provisions shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the special exception use permit application.

(Prior Code, § 9-12-1) (Ord. passed 10-11-1990; Ord. 407, passed 1-20-1992)

   This procedure is intended to provide relief from the terms of this chapter when, because of special circumstances applicable to the property, the strict application of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, and to ensure that any adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the district in which such property is located.

   (A)   Application.

      (1)   Application for a variance shall be filed with the Building and Zoning Officer. The application shall contain the following:

         (a)   Name and address of the owner or applicant;

         (b)   Address and legal description of the property;

         (c)   If the applicant is not the legal owner of the property, a statement that the applicant is the authorized agent of the owner;

         (d)   A statement describing the variance requested and the reasons why it complies with the criteria for variances provided in this section; and

         (e)   Site plans, preliminary building elevations, preliminary improvement plans or other maps or drawings, sufficiently dimensioned as required to illustrate the following, to the extent related to the variance application:

            1.   Existing and proposed location and arrangement of uses on the site, and on abutting sites within 50 feet;

            2.   Existing and proposed site improvements, buildings and other structures on the site, and any off-site improvements related to or necessitated by the proposed use. Building elevations shall be sufficient to indicate the general height, bulk, scale and architectural character;

            3.   Existing and proposed topography, grading landscaping and screening, irrigation facilities, and erosion control measures; and

            4.   Existing and proposed parking, loading, and traffic and pedestrian circulation features, both on the site and any off-site facilities or improvements related to or necessitated by the proposed use.

      (2)   The Building and Zoning Officer may request additional information necessary to enable a complete analysis and evaluation of the variance request, and a determination as to whether the circumstances prescribed for the granting of a variance exists.

      (3)   The application shall be accompanied by a fee established by the City Council.

   (B)   Report of the Building and Zoning Officer. The Building and Zoning Officer shall review and prepare a report on the application. The report shall be filed with the Board of Adjustment and available to the applicant at the time of the public hearing.

   (C)   Public hearing and notice. The Board of Adjustment shall hold a public hearing on each application for a variance. Notice shall be given as prescribed in § 155.299.

   (D)   Action by the Board of Adjustment.

      (1)   The Board of Adjustment shall act upon the application not more than 20 days following the closing of the public hearing on a variance. The Board may grant a variance as the variance was applied for or in a modified form, or subject to conditions, or the application may be denied. A variance may be revocable, may be granted for a limited time period or may be granted subject to conditions as the Board may prescribe. The Board shall notify the applicant of its decision by mail.

      (2)   The concurring vote of four members of the Board of Adjustment shall be necessary to grant a variance.

   (E)   Findings; basic criteria. The Board of Adjustment may grant a variance if it makes affirmative findings of fact on each of the following criteria:

      (1)   The zoning regulations applicable to the property do not allow for a reasonable use;

      (2)   The hardship for which the variance is requested is unique to the property and not general to the area in which the property is located;

      (3)   The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property and will not impair the purposes or regulations of the zoning district in which the property is located; and

      (4)   The hardship for which the variance is requested did not result from actions of the applicant.

   (F)   Lapse of variance. Unless a longer time period shall be specifically established as a condition of approval, a variance shall lapse and shall become null and void, one year following the date on which the variance became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application, or a certificate of occupancy is issued for the site or structure which was the subject of the variance application, or the site is occupied if no building permit or certificate of occupancy is required.

   (G)   Revocation. Upon violation of any applicable provision of this chapter, or if granted subject to conditions, upon failure to comply with conditions, a variance shall be revoked upon notification to the owner of the use or property subject to the variance.

   (H)   Variance to run with land or structure. Unless otherwise specified at the time a variance is granted, a variance shall run with the land and shall continue to be valid upon change of ownership of the site or structure to which it applies.

(Prior Code, § 9-12-2) (Ord. passed 10-11-1990; Ord. 407, passed 1-20-1992)

   This procedure is intended to afford review of administrative actions taken pursuant to this chapter where such actions may be in error.

   (A)   Appeals. Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department or board of the city affected by any administrative decision of the Building and Zoning Officer. Such appeal shall be taken within 15 days, as provided by the rules of the Board, by filing with the City Clerk a notice of appeal, which shall specify the grounds thereof. The Building and Zoning Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken.

   (B)   Fee. The appeal shall be accompanied by a fee prescribed by the City Council.

   (C)   Stay of proceedings. An appeal from the action of the Building and Zoning Officer shall stay all proceedings in furtherance of such action unless the Building and Zoning Officer certifies to the Board of Adjustment, after notice of appeal shall have been filed with the Building and Zoning Officer, that by reason of the facts stated in the certificate a stay would, in the Building and Zoning Officer’s opinion, cause imminent peril to life or property. In the event the Building and Zoning Officer shall make and file such certificate, his or her action shall not be stayed otherwise than by a restraining order that may be granted by the Board of Adjustment, or by a court of record, upon application of the party aggrieved by the action of the Building and Zoning Officer, and after notice to him or her and upon due cause shown.

   (D)   Public hearing and notice. The Board of Adjustment shall hold a public hearing on the appeal. Notice shall be given as prescribed in § 155.299. Upon the hearing of such appeal, any interested party may appear in person or by agent or attorney.

   (E)   Action.

      (1)   The Board of Adjustment shall act on the appeal within 20 days following the closing of the public hearing. In exercising the powers set out in this section, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may take such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Building and Zoning Officer from whose action the appeal was taken. The Board shall notify the appellant of its decision by mail.

      (2)   The concurring vote of four members of the Board of Adjustment shall be necessary to reverse any order, requirements, decision or determination of the Building and Zoning Officer, or to decide in favor of the appellant in any matter upon which it is required to pass under these provisions.

(Prior Code, § 9-12-3) (Ord. passed 10-11-1990; Ord. 471, passed 8-5-1996)

   The purpose of this procedure is to prescribe the manner in which changes shall be made in the text of this chapter (text amendment) and the application of such regulations to property within the city by means of the zoning map (rezoning). This procedure is intended to conform to minimum requirements of state law and to afford opportunity for review of proposed changes by the public.

   (A) Jurisdiction. The City Council shall have jurisdiction with respect to all text amendments and rezonings. The Planning and Zoning Commission shall review and submit a recommendation to the City Council on all text amendments and rezonings.

   (B)   Initiation.

      (1)   A text amendment may be initiated by the Planning and Zoning Commission, City Council or any citizen of the city.

      (2)   A rezoning may be initiated by the Planning and Zoning Commission, City Council or owners of property asking to be rezoned.

      (3)   A rezoning may be initiated by the owner or the authorized agent of the owner of property by filing an application for a change in district boundaries (rezonings) as prescribed in this chapter. If the property for which rezoning is proposed is in more than one ownership, owners of 50% or the owner’s authorized agents shall join in filing the application.

   (C)   Application and fee.

      (1)   Application for rezoning initiated by a property owner shall be filed with the Building and Zoning Officer on a form and shall include the following data and maps:

         (a)   Name and address of the owner and applicant;

         (b)   Address and legal description of the property;

         (c)   If the applicant is not the legal owner of the property, statement that the applicant is the authorized agent of the owner;

         (d)   An accurate map of the area proposed for rezoning and the surrounding area, showing existing streets and property lines, and existing and proposed district boundaries. The map shall include an area determined by the Building and Zoning Officer to be necessary to illustrate the relationship to and potential impact of the surrounding area within 300 feet from the property proposed for rezoning; and

         (e)   A property address list of each lot and the name and mailing address of the owner of each lot as shown by the records of the county which is within 300 feet of the property proposed for rezoning and a map keyed to the ownership and address data. Such list shall be certified as accurate, according to the records of the county, by an appropriate representative of an abstracting or chapter company, attorney or registered land surveyor doing business in the city.

      (2)   The Building and Zoning Officer may require additional information or maps if they are necessary to enable the Commission to determine whether the change is consistent with the objectives of this chapter.

      (3)   An application for rezoning initiated by a property owner shall be accompanied by a fee established by the City Council.

      (4)   A rezoning initiated by the Planning and Zoning Commission or by the City Council shall be pursuant to a motion of the Commission or Council. The Building and Zoning Officer shall prepare the information prescribed in division (C)(1) above, pursuant to the intent of the motion. No fee shall be applicable.

      (5)   A text amendment initiated by the Planning and Zoning Commission or by the City Council shall be pursuant to a motion of the Commission or Council. The City Attorney shall prepare a draft of an ordinance amending the text of the zoning regulations pursuant to the intent of the motion. No fee shall be applicable.

   (D)   Public hearing. Not more than 30 days after filing of an application, the Planning and Zoning Commission may hold a public hearing on an application for a text amendment, but is not required to do so, and shall hold a public hearing on any application for a change in the zoning classification of any property. Notice shall be given as prescribed in § 155.299. At a public hearing, the Planning and Zoning Commission shall review the application, or the proposal, and shall receive pertinent evidence relating to consistency with the objectives of this chapter and the development policies of the city.

   (E)   Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall act on the application not more than 30 days following the closing of the public hearing. The Planning and Zoning Commission shall determine whether, in its opinion, the change is consistent with the objectives of this chapter, and shall recommend to the City Council that the text amendment or rezoning be enacted, be enacted in a modified form or be rejected.

   (F)   Action by the City Council.

      (1)   Not more than 30 days following receipt of the recommendation of the Planning and Zoning Commission, the City Council shall hold a public hearing on the text amendment or rezoning. Within 30 days following the closing of a public hearing, the City Council shall make a specific finding as to whether the change is consistent with the objectives of this chapter.

      (2)   If the City Council finds that the change is consistent, it shall introduce an ordinance amending the text of the zoning regulations or amending the zoning map, whichever is appropriate.

      (3)   If the City Council finds that the change is not consistent, it shall deny the application. The City Council shall not modify a recommendation of the Planning and Zoning Commission on a rezoning or change until it has requested and considered a report of the Commission on the modification. Failure of the Commission to report within 30 days after receipt of the City Council request shall be deemed concurrence.

   (G)   Protest provisions. Any ordinance enacted by the City Council to reclassify property from one district to another district shall require a favorable vote of three-fifths of all members of the City Council, when a written protest against the rezoning is received from either of the following:

      (1)   From persons owning 20% or more of the land included within the proposed rezoning; or

      (2)   From persons owning 20% or more of the land area adjoining and within 200 feet of the area proposed for rezoning, but excluding land outside the city.

   (H)   New application. Whenever a petition requesting an amendment, supplement or change of any regulations prescribed by this chapter has been denied by the City Council, such petition cannot be renewed for one year. This provision, however, shall not prevent the City Council or Planning and Zoning Commission from acting on its own initiative in any case or at any time provided in this section.

(Prior Code, § 9-12-4) (Ord. passed 10-11-1990; Ord. 407, passed 1-20-1992; Ord. 774, passed 12-1-2014)

   The purpose of this section shall be to establish the minimum requirements for notice to be given with respect to procedural actions and public hearings required by the provisions of this chapter.

   (A)   Notice of a special exception, variance or administrative appeal to be acted on by the Board of Adjustment shall be given as follows:

      (1)   Notice shall be given by the city by posting at the site which is the subject of the application, continuously for at least seven days prior to the date of the meeting at which the Board of Adjustment will consider the application;

      (2)   Notice shall be given to the applicant of the time, date and place of the meeting at which the application will be considered by ordinary United States mail, deposited for mailing not less than seven days before the date of the meeting; and

      (3)   Notice shall also be given by ordinary mail to the owners of all property which share a common boundary with the tract which is the subject of the special exception, variance or administrative appeal. This notice shall be sent by the city to the owners of such adjacent property, as disclosed by the records of the county. Property separated from the subject property by streets or alleys shall not be considered adjacent properties and mailed notice to owners of such properties is not required. Notice required under this division (A)(3) shall be given by depositing the notice for mailing not less than seven days before the date of the meeting.

   (B)   Notice of a text amendment to this chapter shall be given by publication of an appropriate legal notice in a newspaper of general circulation in the community at least seven days, but not more than 20 days prior to the date of the meeting at which the text amendment will be considered.

   (C)   Notice of the consideration of an application for rezoning shall be given as follows:

      (1)   Notice shall be given to the applicant by ordinary United States mail deposited not less than seven days prior to the date for consideration of the application;

      (2)   Notice shall be given to the owner of each lot within 300 feet of the subject property by ordinary United States mail, deposited not less than seven days prior to the date of consideration; and

      (3)   Notice shall be given by publication of a legal notice in a newspaper of general circulation in the community at least seven days, but not more than 20 days prior to the date of the hearing.

   (D)   Each such notice, whether by mail, publication or posting, shall include appropriate information pertaining to the general nature of the application, identifying the applicant, the subject property, the time and place of the meeting or hearing, and the address and telephone number of the office from which additional information may be obtained.

(Prior Code, § 9-12-5) (Ord. passed 10-11-1990; Ord. 407, passed 1-20-1992; Ord. 440, passed 4-19-1993)

   The City Council shall establish, by resolution, fees to be applicable to applications, permits and appeals pursuant to the zoning regulations and not subject to the text amendment.

(Prior Code, § 9-12-6) (Ord. passed 10-11-1990)

   The City Council shall appoint a Building and Zoning Officer to effect proper administration of this chapter.

(Prior Code, § 9-12-7) (Ord. passed 10-11-1990)

   Any building or structure, including tents and mobile homes, which are erected, constructed, reconstructed, altered, converted, maintained or changed in violation of any provision of this chapter is prohibited and hereby declared to be a nuisance per se.

(Prior Code, § 9-12-8) (Ord. passed 10-11-1990) Penalty, see § 155.999

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   Willful failure to permanently maintain and provide parking spaces as required under § 155.022 shall be a simple misdemeanor and each day such violation continues shall be considered a separate offense.

   (C)   The parking of any self-propelled vehicle or Class I accessory vehicle in violation of § 155.022(D) shall be a simple misdemeanor, chargeable by citation or municipal infraction.

(Prior Code, § 9-11-3) (Ord. passed 10-11-1990; Ord. 497, passed 7-13-1998; Ord. 544, passed 3-19-2001; Ord. 766, passed 7-7-2014; Ord. 840, passed 12-3-2018; Ord. 843, passed 3-18-2019)