The director of the planning and community development division designated by the mayor shall administer and enforce this chapter. He may be provided with the assistance of such other persons as the mayor may direct.

(Ord. No. 3307, 3-25-03)

The planning and community development division, the city department having planning authority and responsibility shall prepare and make recommendations on comprehensive plans to the city council, as well as review and make recommendations to the planning commission and to the city council on applications for amendments to the text or official map of the zoning chapter, and for subdivision, planned unit development, site plan and conditional use approval. The office may conduct studies it deems appropriate in performing these functions.

(Ord. No. 3307, 3-25-03)

The planning commission is authorized pursuant to the provision of A.C.A. Title 14, Chapter 56, Subchapter 4 [A.C.A. § 14-56-401 et. seq.] to secure the benefits to the public of a coordinated, adjusted and harmonious development of the city, to promote the health, safety, morals, order, convenience, prosperity and general welfare of the citizens thereof and shall make recommendations on planning issues and report to the mayor and city council concerning the operation of the commission and the status of planning within its jurisdiction.

(Ord. No. 3307, 3-25-03)

No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefore issued by the building inspection department. All building permits issued by the building inspection department shall be in conformity with the provisions of this chapter, unless a written order is received from the board of adjustment in the form of an administrative review or variance as provided by this chapter.

(Ord. No. 3307, 3-25-03)

Applications for building permits shall be accompanied by plot plans, or site plans in duplicate (drawn to scale) showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of proposed buildings or alterations. The application shall include such other information as lawfully may be required by the building inspector, including existing or proposed uses of the building or land; the number of families, house-keeping units, or rental units the building is designed to accommodate conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter.

One copy of the plan shall be returned to the applicant by the building inspector after he shall have marked such copy as either approved or disapproved and attested the same by his signature. A copy of the plans, similarly marked, shall be retained by the building inspector.

(Ord. No. 3307, 3-25-03)

If the work described in any building permit has not begun within one year after the date of issuance thereof, said permit shall expire; it shall be canceled by the building inspector, and written notice thereof shall be given to the persons affected.

If the work described in the building permit has not been substantially completed within two (2) years of the date of issuance thereof, said permit shall expire and be canceled by the building inspector, and written notice thereof shall be given to the persons affected, together with the notice that further work as described in the canceled permit shall not proceed unless a new building permit, has been obtained.

(Ord. No. 3307, 3-25-03)

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been by the planning and community development division director or his designated representative stating that the proposed use of the building or land conforms to the requirements of this chapter.

No nonconforming structure or use shall be renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the planning and community development division director. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this chapter.

The planning and community development division director shall maintain a record of al certificates of zoning compliance, and a copy shall be furnished upon request to any person.

Failure to obtain a certificate of zoning compliance shall be a violation of this chapter and punishable under article 10 of this chapter.

(Ord. No. 3307, 3-25-03)

Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the director of planning and community development division authorize only the arrangement and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Arrangement or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided by article 10 of this chapter. Subsequent lawful changes of use shall not be deemed a violation.

(Ord. No. 3307, 3-25-03)

a.

Purpose. Certificates of occupancy are required to ensure that completed structures and the development of property of which such structures are a part comply with the provisions of this chapter, as well as any site plans or conditional approvals for such structures and development.

b.

Authority. The planning and community development division director or his designated representative shall have the authority and responsibility to issue and keep records of certificates of occupancy in accordance with the requirements set forth in this chapter and chapter 22: buildings and building regulations.

c.

Certificate of occupancy required. No new structure or addition to an existing structure shall be occupied and have permanent water connection unless a certificate of occupancy is issued by the planning and community development division director. Likewise no use of a building or water service changed unless a certificate of occupancy is issued therefore by the planning and community development division director.

d.

Procedure.

(1)

Application. A certificate of occupancy shall be applied for coincident with the application for a building permit and will be issued before occupancy and connection of permanent water service.

(2)

Action on application. The planning and community development division director or his designated agent shall inspect the property which is subject of an application within a reasonable time, after a completed application has been filed, and shall issue a certificate of occupancy if the premises of property comply in all respects with the applicable development regulations in effect. If the premises do not so comply, the director shall deny the application in written notice given to the applicant within five (5) days after the inspection of the property, specifying the provisions of which chapter with which the structure does not comply.

(3)

Contents of certificate of occupancy. Information required for submission to obtain a certificate of occupancy shall include:

(a)

Name of applicant.

(b)

Nature and extent of the applicant's ownership interest in the subject property.

(c)

Address of the property for which a certificate is requested.

(d)

A legal description of the property, the zoning classification for the property, and a statement that the use of the property is allowed or permitted in the zoning classification for the property.

(e)

If a site plan or other conditional approval for the structure or the development of which such structure is a part was required, a copy of any document granting such approval and any plans approved in connection therewith.

(f)

Such other information as requested by the building official to ensure conformance with applicable development regulations.

(4)

Temporary certificates of occupancy. A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion of the building. A temporary certificate of occupancy shall be valid for a period not exceeding six (6) months. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners of the city relating to the use or occupancy or any other matter required by this chapter.

(Ord. No. 3307, 3-25-03)

a.

Established. A board of zoning adjustment is established and as set forth in section 90-30 the planning commission shall function as such board.

b.

Meetings. The planning commission shall designate on the agenda of each regularly scheduled planning commission meeting those items in which it is functioning as the zoning board of adjustment and shall hold a public hearing on the proposed variance, after:

1.

At least seven (7) days notice of the time, place, and request is made to the public prior to the meeting by being given in a newspaper of general circulation in the city.

2.

The Planning Department will post NOTICE OF PUBLIC HEARING sign(s) on said property for which a public hearing has been set at least ten (10) days prior to the hearing indicating the date and time of the hearing. Such signs shall be clearly visible, unobstructed to the passing general public, and posted on or near the front property line.

3.

The adjacent property owners of the property seeking the variance have been notified by certified mail, return receipt requested, at least (10) days prior to the public hearing in accordance with the following:

(a)

An affidavit is submitted stating that notice has been given to all adjacent property owners of the property subject to the variance after the application has been accepted and placed on the planning commission agenda;

(b)

The petitioner shall be responsible for providing such notice by certified mail, return receipt requested, to the last known address of such record owner(s) as shown in the records of the Assessor's Office for the County in which the adjacent property is located.

(c)

The required affidavit and supporting exhibits (mailing receipts, list of adjacent property owners and a copy of the notice) shall be filed with the planning office no later than seven (7) days prior to the meeting date.

4.

The city has sent notice at least ten (10) days prior to the hearing by way of the Springdale Alert Notification System to all subscribers within a one (1) mile radius from the property who have opted to receive such notices,

5.

The minutes of the meeting will be a part of the minutes of the entire planning commission meeting.

c.

Functions. The board of zoning adjustment is authorized in accordance with the provision of this chapter, to hear appeals from the decision of the administrative officers of this chapter; and may affirm or reverse, in whole or in part, said decision of the administrative officer. In addition, the board is responsible for hearing requests for variances from the literal provisions of this chapter in instances where strict enforcement of this chapter would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this chapter. The board of zoning adjustment shall not permit, as a variance, any use in a zone that is not permitted under this chapter. The board of zoning adjustment may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property. In carrying out the purpose and intent of this chapter, the board shall be governed by the specific powers and prohibitions provided in this section, and may impose conditions in the granting of a variance to ensure compliance and protect adjacent properties.

d.

Powers and duties. The board has the following powers:

(1)

Administrative review.

(a)

To interpret the application of the provisions of this chapter in such a way as to carry out its stated purpose and intent.

(b)

To interpret boundary lines for districts in this chapter where the street layout actually on the ground varies from the street layout shown on the accompanying map.

(c)

To hear and decide appeal where it is alleged there is error in any order, requirement, decision, determination or interpretation made in the administration or enforcement of this chapter.

(2)

Variances.

(a)

The board may grant upon application in specific cases such variances from the bulk or area regulations 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 would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the board unless and until:

1.

A written application for a variance is submitted demonstrating:

a.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or building in the same district.

b.

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

c.

That the special conditions and circumstances do not result from the actions of the applicant.

d.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

e.

No nonconforming use of adjacent lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

2.

The public hearing shall be held and public notice shall be given as set forth in subsection b. above.

a.

To grant a variance the board must find that the requirements of subsection d.(2)(a)1. have been met by the applicant for a variance.

b.

That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

c.

That the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

3.

In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

4.

Under no circumstances shall the board grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by terms of this chapter is said district.

5.

Under no circumstances shall the action of the board be considered to grant a variance of any provision of any other protective code adopted by the city.

(b)

The board may grant, as a hardship variance, relief to any property owner who has a vested interest in a previously devised plan which conformed to the chapter in effect prior to the passage of this chapter. The owner must show proof of the previous intent including, but not limited to, development plans and specifications for that specific site. The board will not allow as a part of this process any use in any zone which is not allowed within that zone.

e.

Appeal by petition to the city council. Any persons or person, or any board, taxpayer, department, or board of the city aggrieved by any decision of the board of adjustment may seek a review of the decision by appealing to the city council, provided that the petitioner states specifically in writing to the city clerk why the petitioner considers the board of zoning adjustment's findings and decisions to be in error. Such appeal shall be filed with the city clerk within fifteen (15) days from the date of the board of zoning adjustment's action along with an affidavit stating that adjacent property owners have been notified of the appeal to the city council. The appeal will be placed on the city council agenda no later than the second meeting following the filing of the appeal. The petitioner shall be present at the meeting for the matter to be considered. If the petitioner is unable to attend, written authorization from the petitioner authorizing representation must be presented to the council for the matter to be considered. The city council may overturn the board of zoning adjustment's decision only by majority vote of all the members. No variance request which was denied shall be resubmitted within twelve (12) months from the date of final disapproval unless there is evidence submitted to the planning commission which justifies reconsideration.

f.

Duties of planning and community development director, board of adjustment, city council and courts on matters on appeal. It is the intent of this chapter that all questions of interpretation and enforcement shall be first present to the planning and community development director, and that such questions shall be presented to the board only on appeal from the decision of the planning and community development director, and that recourse from the decision of the board shall be to the city council as provided herein.

(Ord. No. 3307, 3-25-03; Ord. No. 4645, 11-13-12; Ord. No. 4672, § 1, 3-12-13; Ord. No. 4876, § 1, 1-27-15; Ord. No. 5634, § 1, 8-10-21)

Changes in the boundaries of the zoning districts may be initiated by one or more persons who own property within the area of the proposed changes. In addition, the city council or the planning commission may initiate amendment to change the boundaries of the zoning districts or any other provision of the zoning ordinance whenever the public necessity and general welfare required such amendment.

11.1

Rezoning procedure initiated by private parties.

a.

Fee. Any private party or parties desiring a zoning change shall pay a fee, as determined by resolution of the city council, to the city clerk to cover the costs of public notices, and other expenses.

b.

Petition. Any private party or parties desiring an amendment to the boundaries of the zoning districts of this article, upon payment of the above fee, shall submit a petition to the planning commission providing the following information:

1.

The name of the record title holder of the property provided by a copy of the warranty deed and the intended grantees if the property is subject to contract sale or title is to be otherwise conveyed.

2.

The zoning classification request for the property.

3.

A brief statement explaining the reason for the rezoning request, the intended use of the property, and the effect of property changes upon the surrounding land uses.

4.

A layman's description of the property.

5.

If the property to be rezoned is to be only a portion of the land described on the warranty deed then an accurate legal description provided by a copy of a recent survey certified by a registered land surveyor will be required.

6.

A scaled drawing of the property to be rezoned showing accurate lot lines, surrounding zoning, adjacent property owners names, vicinity map, and a north arrow.

7.

Evidence in the form of a signed affidavit, that notice has been given to all adjacent property owners of the project subject to the rezoning after the application has been accepted and placed on the planning commission agenda. The petitioner shall be responsible for providing such notice by certified mail, return receipt requested, to the last known address of such record owner(s) as certified by a licensed abstractor or a licensed land surveyor within the past sixty (60) days.

8.

The required affidavit and supporting exhibits (mailing receipts, list of adjacent property owners and copy of notice) shall be filed with the planning office no later than seven (7) days prior to the meeting date.

c.

Public hearing. Upon receipt of a petition for an amendment, the planning commission shall hold a public hearing on the proposed amendment, after:

1.

A notice which sets forth the time and place of such hearing and the amendment proposal has been:

(a)

Published in a newspaper of general circulation in the city at least one time fifteen (15) days prior to the public hearing; and

(b)

Sent by the City, at least ten (10) days prior to the hearing, by way of the Springdale Alert Notification System to all subscribers within a one (1) mile radius from the property who have opted to receive such notices.

2.

The Planning Department will post NOTICE OF PUBLIC HEARING sign(s) on said property for which a public hearing has been set at least ten (10) days prior to the hearing indicating the date and time of the hearing. Such sign(s) shall be clearly visible, unobstructed to the passing general public, and posted on or near the front property line.

3.

The adjacent property owners of the described property have been notified by certified mail, return receipt requested, at least ten (10) days prior to the public hearing and the required affidavit has been submitted in accordance with subsection b.8. above.

4.

The petitioner shall be present at the meeting for the matter to be considered. If the applicant is unable to attend, written authorization from the petitioner authorizing representation must be presented to the commission for the matter to be considered. Any decisions made by the designated agent shall be binding on the landowner.

d.

Action by the planning commission.

1.

The planning commission shall hear the petitioner's request for rezoning at the public hearing and shall consider the petitioner's purposes for the re-zoning request as well as public comments. The amendment, as presented or modified by the action following the public hearing, shall be voted on by the planning commission or tabled for further action. If recommendation for approval is granted by the planning commission, the matter will be referred to the city council in the form of an ordinance, (ordinance to be prepared by staff), for the approval of the city council.

2.

Should the planning commission determine a lesser impacting zone would be more appropriate to meet the purposes of the petitioner and would cause less impact on the neighboring parties, the commission is empowered to reduce the zoning classification requested to a different classification, if the petitioner concurs. After consideration of comments from the public, the commission may vote thereon without the necessity of further publication notice. Any change in zoning classification to a higher or more impacting zone would require notice be republished and a public hearing to be held again.

3.

The petitioner's request for rezoning may be tabled one time to a later meeting only by action of the planning commission and only after the commission has heard comments from adjacent property owners and interested parties. Tabling a petition one time by the planning commission will not require an additional filing fee or re-notification. Should the petition be tabled again, it will be treated as a withdrawal of the rezoning request, and will require the refilling of the petition complete with an additional filing fee and proper re-notifications before the matter will be placed on the agenda.

4.

If a petitioner would like to withdraw a request, the petitioner may do so at the public hearing or in writing prior to the meeting. Withdrawal by a petitioner will require the refiling of the application complete with an additional filing fee and proper re-notifications before the matter will be placed on the agenda.

e.

Action by the city council. The city council, by majority vote, may by ordinance adopt the recommended amendment submitted by the planning commission or may return the proposed amendment to the planning commission for further study and recommendation. If action is not taken by the city council within sixty (60) days of the planning commission's submission of the proposed amendment to the city council, then the applicant shall be required to re-petition for a zoning change.

f.

Appeal by petition to the city council. Following disapproval of a proposed amendment by the planning commission, the petitioner may appeal such disapproval to the city council, provided that the petitioner states specifically in writing to the city clerk why the petitioner considers the planning commission's findings and decisions to be in error. Such appeal shall be filed with the city clerk within fifteen (15) days from the date of the planning commission action along with an affidavit stating that adjacent property owners have been notified of the appeal to the city council. The appeal will be placed on the city council agenda no later than the second meeting following the filing of the appeal. The petitioner shall be present at the meeting for the matter to be considered. If the petitioner is unable to attend, written authorization from the petitioner authorizing representation must be presented to the council for the matter to be considered. The city council may approve the proposed amendment only by majority vote of all the members.

g.

Re-petitions for amendment. No zoning amendment for a specific zone change which was denied shall be resubmitted within twelve (12) months from the date of final disapproval of a proposed amendment unless there is evidence submitted to the planning commission which justifies reconsideration.

11.2 Amendment procedures initiated by the city council. When the city council desires to initiate amendments to the ordinance, such proposals shall be referred to the planning commission for study and recommendations. Following public hearings as provided in section 11.1 c., the planning commission and the city council shall act in accordance with the procedures set forth in section 11.1 d. and e.

11.3 Amendment procedures for the planning commission. When the planning commission desires to initiate an amendment to this article, it shall pass a resolution by a majority vote of the planning commission detailing the proposed amendment. Said resolution shall be filed with the city clerk, and a public hearing shall be called by the planning commission as provided in section 11.1 c. above. Following such public hearing, the planning commission and the city council shall act in accordance with the procedures set forth in section 11.1 d. and e. above.

(Ord. No. 3307, 3-25-03; Ord. No. 3373, § 1, 9-9-03; Ord. No. 3865, § 1, 4-11-06; Ord. No. 4419, § 1, 6-8-10; Ord. No. 4870, § 1, 12-9-14)

The planning commission shall hear at a scheduled public hearing only such conditional use as is specifically authorized to pass on by the terms of article 4 of this chapter; shall decide such questions as are involved in determining whether such conditional uses shall be recommended for approval to the city council; and shall recommend approval, modify or deny conditional uses at its discretion with the conditions and safeguards as are appropriate under this ordinance. Approval of a conditional use shall not be granted as a matter of right, but shall be granted only in situations where said use is in harmony with the character of the neighborhood and zone in which it shall be located and the structure in which it is to operate meets building and fire codes as adopted by the city. Once a conditional use is approved that conditional use is personal to the applicant and is limited to the location to which it was approved and may only be changed to another conditional use through further action of the planning commission and the city council. Once a conditional use is approved that use may continue so long as it abides by the findings of this subsection and any special conditions placed upon the use by the planning commission and the city council.

If a complaint is filed with the planning commission by an adjoining property owner or city employee concerning an alleged violation of a conditional use, the planning commission shall notify the property owner of the complaint and schedule a public hearing. If after the public hearing the planning commission finds a violation to exist and that violation is not corrected within thirty (30) days, the planning commission may vote to discontinue the conditional use. The property owner shall be notified of the action of the planning commission and shall have fifteen (15) days from the date of the notice to discontinue the use or file and appeal with the city council. The filing of an appeal stays all proceeding and the city council shall make the final determination.

A conditional use may be changed to a use by right in the zoning district upon approval by the planning commission and the city council. The conditional use application shall indicate that the applicant is requesting that the conditional use be made a use by right on the subject property and the planning commission shall recommend approval, modify or deny the use by right at its discretion with the conditions and safeguards as are appropriate under this section.

Under no circumstances shall any action of the planning commission or city council be considered as the granting of a variance of any provision of any other protective code adopted by the city.

The following procedures shall be followed before a conditional use may be granted:

a.

Written application. A written application for a conditional use shall be submitted to the planning director with a fee, as determined by resolution of the city council, to recover costs of public notices and other expenses, and shall contain the following information:

1.

The name, address and phone number of the applicant. An applicant, other than an individual, must submit formal documentation indicating who is authorized to represent the company or organization.

2.

The status of the applicant, profit or non-profit. For non-profit organizations executed and filed documentation must be submitted verifying non-profit status.

3.

The name of the record title holder of the property, along with a copy of the warranty deed, and an indication, by the signing of the application for conditional use, that the title holder is aware of the conditional use being sought. For record title holders that indicate ownership other than by a single person, formal documentation indicating who is authorized to represent the company or organization is required.

4.

Legal description and street address of the property involved.

5.

The specific use unit (pursuant to article 5) for which the conditional use is sought on appeal.

6.

A description of the conditional use sought and the reasons why it should be approved.

7.

A statement obtained from the chief building official and fire marshal indicating compliance of the structure to adopted building and fire codes for the proposed conditional use or required upgrades and/or improvements required for use of the structure for the proposed conditional use.

8.

A notarized statement by the property owner and applicant recognizing all structural alterations requirements that must be completed inspected and approved prior to occupancy of the structure.

9.

The effect the proposed conditional use will have on the character of the neighborhood and its residents.

10.

The zoning classification of the property.

11.

The names and addresses of all adjacent property owners of the property subject to the conditional use permit.

12.

Evidence in the form of a signed affidavit, that notice has been given to all adjacent property owners of the project subject to the conditional use after the application has been accepted and placed on the planning commission agenda. The applicant shall be responsible for providing such notice by certified mail, return receipt requested, to the last known address of such record owner(s) as certified by a licensed abstractor or a licensed land surveyor within the past sixty (60) days.

13.

The required affidavit and supporting exhibits (mailing receipts, list of property owners of record and copy of notice) shall be filed with the planning office no later than seven (7) days prior to the meeting.

14.

A site plan must be attached in conformance with article 2, section 13.

b.

Notice and public hearings. An application for conditional use approval shall be noted on the published agenda of the next regularly scheduled planning commission meeting, at which time a public hearing shall be held by the planning commission on the proposed conditional use, after:

1.

A notice which sets forth the time and place of such hearing and the conditional use proposed has been:

(a)

Published in a newspaper of general circulation in the city at least one (1) time fifteen (15) days prior to the public hearing; and

(b)

Sent by the city, at least ten (10) days prior to the hearing, by way of the Springdale Alert Notification System to all subscribers within a one (1) mile radius from the property who have opted to receive such notices.

2.

The adjacent property owners subject to the conditional use request have been notified by certified mail, return receipt requested, at least ten (10) days prior to said hearing by the applicant and an affidavit and supporting exhibits are filed with the planning office not later than seven (7) days prior to the hearing.

3.

The planning department will post NOTICE OF PUBLIC HEARING sign(s) on said property for which a public hearing has been set at least ten (10) days prior to the hearing indicating the date and time of the hearing. Such sign(s) shall be clearly visible, unobstructed to the passing general public, and posted on or near the front property line.

4.

The applicant shall be present at the meeting for the matter to be considered. If the applicant is unable to attend, written authorization from the applicant authorizing representation must be presented to the commission for the matter to be considered. Any decisions made by the designated agent shall be binding on the landowner.

c.

Development standards and review guidelines. In carrying out the purposes of this section, the following development standards and design specifications shall be applicable to the conditional use review and approval. The appropriateness of these standards shall be determined at the discretion of the planning commission and for each specific conditional use location.

1.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.

2.

Off-street parking and loading areas where required, with particular attention to the items mentioned above and the economic, noise, glare, or odor effects of the conditional use on adjoining properties and properties generally in the district.

3.

The proposed structure(s) is or can be made compliant with adopted building and fire codes for the proposed use.

4.

Refuse and service areas, with particular reference to the item in 1 and 2.

5.

Utilities, with reference to locations, availability and compatibility.

6.

Screening and buffering with reference to type, dimension and character.

7.

Sign, if any, and proposed exterior lighting with reference to glare, traffic, safety, economic effect, and compatibility and harmony with properties in the district.

8.

Yard requirements and other open space requirements.

9.

The size and shape of the site, including the size, shape and arrangement of proposed structures in keeping with the intent of this chapter.

10.

Proposed landscaping meeting the requirements of this chapter. Landscaping may be increased in accordance with the judgment of the planning commission to accomplish the desired protective and aesthetic effect.

11.

General compatibility with adjacent properties and other property in the general district.

d.

Planning commission recommendations. The planning commission shall review conditional use applications at a scheduled public hearing, at which time interested persons may appear and offer information in support of or against the proposed conditional use. The planning commission may then take one of the following actions: approve the conditional use permit as submitted; approve the conditional use with modifications; or deny the conditional use. The planning commission may impose conditions and restrictions upon the premises benefited by a conditional use permit as may be necessary to reduce or minimize the injurious effects of the conditional use. The conditional use must insure compatibility with the surrounding property to better carry out the general intent of this regulation.

e.

City council action. If the planning commission approves the conditional use as submitted, or approves the conditional use with modifications, the conditional use will be referred to the city council for consideration. The city council, by majority vote, may take one of the following actions: approve the conditional use as submitted by the planning commission; approve the conditional use with modifications; deny the conditional use; or, return the proposed conditional use to the planning commission for further study and recommendation. If action is not taken by the city council within sixty (60) days of the planning commission's submission of the proposed conditional use to the city council, then the applicant shall be required to re-petition for the conditional use.

f.

Appeal. Any person who is aggrieved by the decision of the planning commission to deny a conditional use application shall have the right to appeal to the city council by submitting a written request to the city clerk within fifteen (15) days, along with an affidavit stating that adjacent property owners have been notified of the appeal to the city council. The appeal will be placed on the city council agenda no later than the second meeting following the filing of the appeal.

g.

Re-petitions. No petitions for a specific conditional use which was denied shall be reconsidered by the planning commission within twelve (12) months from the date of final disapproval thereof, unless there is written evidence submitted to the planning commission which justifies reconsideration.

h.

Conditions binding. No conditional use which has been approved shall begin operation until all requirements imposed by the planning commission and city council have been met and a certificate of occupancy has been issued. The violation of any condition so imposed shall constitute grounds for revocation of the conditional use authorization. Such conditions may include time limits for exercise of the conditional use authorization; otherwise, any exercise of such authorization must commence within sixty (60) days. No conditional use authorized by the planning commission or city council shall be subsequently submitted to the board of adjustment for a variance. Amendments or changes to a conditional use authorization must follow the same process as the original conditional use. No building permit shall be issued except in conformance with the provisions of this section.

(Ord. No. 3307, 3-25-03; Ord. No. 4019, § 1, 1-23-07; Ord. No. 4420, § 1, 6-8-10; Ord. No. 4741, § 1, 10-8-13; Ord. No. 4877, § 1, 1-27-15)

The purpose of this section is to set forth procedures for processing site plans and to establish standards for development within those districts which require regulation by this section. Site plan review is a development review process that provides for case by case consideration of project particulars including but not limited to the provision of parking and landscaping, drainage, siting of buildings, and the compatibility of the proposed development with adjacent uses.

All development shall be designed in such a way as to minimize any potential adverse impact on the surrounding area. Special attention shall be given to buffering multi-family, commercial and industrial developments from adjacent single-family areas. Design of the internal street system, ingress and egress, off-street parking, loading and pedestrian ways shall be sensitive to such conditions as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, and the proper relationship of different land uses. Landscaped areas shall be provided to reduce erosion, heat and glare, and said areas shall be maintained in an attractive condition. Existing trees on a development site shall be retained when possible. Screening, open space or other buffer may be required to give adequate separation between uses which are not compatible and shall also be provided for the beautification and enhancement of the property.

a.

Applicable districts. The site plan review process shall apply to all conditional uses as specified in each of the zoning districts in article 4.

b.

Procedure and authority. The planning commission shall review site plans for a conditional use. The plan will be assessed for compatibility with standards and criteria provided herein. Public hearing of a site plan proposal shall take place at scheduled meetings at which time interested persons may appear and offer information in support of or against the proposed site plan. The planning commission, following the public hearing, may then take one of the following steps: approve the site plan as submitted; approve the site plan with modifications; or deny the site plan.

In addition to the special requirements of this section, the planning commission may impose on a site plan such additional requirements as are necessary to safeguard the public health, safety and general welfare. The planning commission may require the applicant to submit a revised site plan incorporating the imposed requirements and modifications or may elect to approve a site plan on the contingency the requirements and modifications will be made.

c.

Initiation. Any application for a conditional use which involves site plan review may be initiated by the owner or other person having a contractual interest in the property, or by the authorized agent of such owner or person.

d.

Submission requirements.

1.

Drawings. The developer shall submit the following drawings at a scale of one (1) inch equals one hundred (100) feet or larger on a maximum sheet size of twenty-four (24) inches by thirty-six (36) inches (the planning and community development director or his/her designated representative may approve other sizes and scales in special cases):

a.

Site plan. Show boundary and legal description of property, contours at intervals adequate to show critical site topography, location of watercourses, ponds, streams structures, roads and other distinctive or unusual site features.

b.

Architectural site plan. Show existing and proposed: Streets and street rights-of-way, storm drainage, landscaping, grading, lot sizes and shapes, driveways, curbcuts, parking and loading areas, sidewalks, pedestrian ways, building outlines on lots with setbacks noted, utility lines and easements, dedications and vacations, use and zoning of adjacent property, and open space location and treatment.

c.

Street and drainage plans. When the proposal involves new or altered street plans, street and drainage plans will also be required. These plans should match the scale of the architectural site plan and should show topography, street alignment and direction of flow for storm sewers. Where an official street and/or drainage plan exists, it should also be submitted for comparison.

d.

Drawings or models. Prepare at a scale appropriate to show three-dimensional character and the construction types proposed.

2.

Inclusion in one drawing. The site plan, architectural site plan, and street and drainage plan may be included in one (1) drawing when practical.

3.

Required written material. Written material to appear on the architectural site plan shall be as follows:

a.

Gross site area;

b.

Net site area (gross site area less street right-of-way);

c.

Street length;

d.

Number or each type of dwelling unit and total dwelling units;

e.

Floor area per dwelling unit type and total floor area;

f.

Floor area of commercial, industrial, cultural or recreational buildings;

g.

Number of parking spaces required and provided;

h.

Preliminary drainage calculations;

i.

Total open space and total common open space provided;

j.

List of shopping and community facilities with square footage of each;

k.

Preliminary ownership and maintenance plan for common open space provided;

4.

Dedication of rights-of-way. Dedications of sufficient right-of-way to conform with the right-of-way requirements of the master street plan.

5.

Modifications. The building inspector or planning and community development director or his/her designated representative, as the case may be, has the authority to modify any requirements of this subsection d. where deemed appropriate.

6.

Required or optional improvements. Comply with those requirements of Chapter 112-4 and 112-5 for required or optional improvements.

e.

Site plan disapproval. The planning commission may disapprove the site plan for any of the following reasons (including but not limited to):

1.

The proposed site plan is incomplete or contains or reveals violations of this regulation or applicable zoning regulations which the applicant has, after written request, failed or refused to supply or correct.

2.

The proposed site plan does not comply with the minimum height and bulk and area or density regulations applicable to the zoning classification for which the site plan has been requested.

3.

The proposed site plan does not comply with the minimum screening and landscaping requirements of the city.

4.

The proposed site plan interferes unnecessarily with easement, roadways, utilities and other public or private rights-of-way.

5.

The proposed pedestrian and vehicular circulation systems incorporated in the site plan create hazards to safety on or off the site.

6.

The proposed site plan does not conform to the minimum drainage requirements of the city.

7.

The proposed site plan violates the basic intent of this regulation or does not comply with those conditions which were stipulated by the planning commission.

f.

Effect of approval.

1.

An approved site plan shall be binding on the applicants and their successors and assignees. No building permit shall be issued for any building or structure not in conformance with the site plan. The construction, location, use or operation of all land and structures within the site shall be in accordance with all conditions and limitations set forth in the site plan. No structure, use or other element of an approved site plan shall be eliminated, altered or provided in another manner unless an amendment is approved in accordance with this section, provided, however, that the building inspector or the planning and community development director or his/her designated representative may approve such minor changes in the site plan as will not cause any of the following circumstances to occur:

a.

Any change in the allowable use of the development.

b.

Any modification compounding the problems of vehicular circulation, safety and provision of public utilities.

c.

Any modification having a potential adverse impact on adjacent property.

d.

Any reduction of the approved building setback lines.

e.

Any reduction of the off-street parking and loading requirements below those specified in this ordinance.

2.

Except for minor changes, whenever the building inspector or planning and community development director or his/her designated representative finds that any proposed construction or occupancy modification will not comply with the approved site plan, the question shall be referred to the planning commission for review.

g.

Amendment and modifications. Except for minor changes, the holder of an approved site plan may request modification of the site plan or the conditions of approval by submitting an amended site plan which shall be filed and processed in the same manner as the original application.

h.

Appeals. any person aggrieved by a decision of the planning commission as it relates to the site plan review process shall have the right to appeal to the city council. The reason for the appeal must be submitted by written notice to the city clerk within thirty (30) days of the planning commission action.

(Ord. No. 3307, 3-25-03; Ord. No. 4024, §§ 1, 2, 2-13-07)