Development review procedures are herein established in order to achieve the following purposes, among others:

   (A)   To provide for the review of development plans before obtaining a zoning certificate and certificate of occupancy;

   (B)   To provide for the inclusion of necessary facilities, services, and additional uses through conditional use permits;

   (C)   To provide for the inclusion of uses which are not specified in this code, but which have characteristics and a land use impact similar to permitted main uses;

   (D)   To assure that no work shall be started on the relocation, construction, reconstruction, or structural alteration of a building or use, until the building or use is found to comply with all the provisions of the zoning code;

   (E)   To assure before construction of new buildings, commencement of a new use or occupancy, or before occupancy is continued after alterations, that all regulations of the city have been met by requiring a certificate of occupancy; and

   (F)   To provide for enforcement by issuance of orders by the Building Official.

(Ord. 4-2016, passed 3-2-16)

      (1)   The owner of the property that is the subject of the application; or

      (2)   The owner’s authorized agent; or

      (3)   The City of Springdale.

         a)   Identify the location and size of the subject property by its address or by legal description and the nearest cross street;

         b)   Indicate the date, time, and location of the public hearing;

         c)   Describe the nature, scope, and purpose of the application;

         d)   Identify the location where the public may view the application and related documents;

         e)   Include a statement that the public may appear at the public hearing, be heard, and submit written comments with respect to the application; and

         f)   Include a statement describing where written comments should be submitted prior to the public hearing.

 

         a)   Property owners of record, per the Hamilton County Auditor, within 300 feet of the subject parcel shall be notified by regular mail and shall include the information set forth in § 153.201(B)(1): Content.

         b)   Written notices shall be postmarked no later than the minimum number of days required in Table 201-1: Public Notice Requirements.

(Ord. 4-2016, passed 3-2-16)

      (1)   By petition of the property owner or the owner's authorized agent; or

      (2)   By recommendation or referral from City Council.

         a)   The owner or owner's authorized agent shall submit an application for a zoning text or map amendment in accordance with the provisions of this section.

         b)   Complete zoning text or map amendment applications shall include all the required information per the approved checklist.

         a)   The Building Official shall review the text or map amendment application to determine completeness and shall distribute the application to other city departments and consulting professionals and agents of the city as appropriate for review and comment.

         b)   Upon determination that the application is complete, the Building Official shall refer the application to Planning Commission for review within 90 days.

         a)   The Planning Commission shall hold a public hearing on the zoning text or map amendment and shall furnish to City Council its recommendation with respect to the submitted plans. Public hearings shall be subject to the procedures set forth in § 153.201(B): Public Notification for Public Hearings.

         b)   The Planning Commission may recommend that the zoning text or map amendment be approved, disapproved, or modified.

         c)   In the event the Planning Commission recommends that a zoning text or map amendment be disapproved, the owner or owner’s authorized agent shall request in writing that the application be forwarded to City Council for review and action pursuant to Step 4 below. Failure to provide such written request, within 30 days from the date of action by Planning Commission, shall constitute withdrawal of the application.

         a)   City Council, at their next regular meeting following receipt of the Planning Commission's recommendation, shall set a date for public hearing on the zoning text or map amendment subject to the procedures set forth in § 153.201(B): Public Notification for Public Hearings.

         b)   Following the public hearing, City Council shall approve, disapprove, or modify the zoning text or map amendment. If City Council reverses the recommendation by Planning Commission, it shall only do so by the affirmative votes of not less than two-thirds of its members.

         c)   The City Council may amend any ordinance, measure, or proposed zoning text or map amendment prior to voting on the item without further notice or postponement if such amendment is relevant to the subject matter and does not violate, differ, or depart from Planning Commission's recommendation.

      (1)   Whether the proposed amendment corrects an error or meets the challenge of some changing condition, trend, or fact since the time that the original text or map designations were established;

      (2)   Whether the proposed amendment is consistent with the comprehensive plan or other applicable city plans;

      (3)   Whether the proposed amendment is consistent with the purpose of this code;

      (4)   Whether, and the extent to which, the proposed amendment addresses a demonstrated community need;

      (5)   Whether the proposed amendment will protect the health, safety, and general welfare of the public;

      (6)   Whether the proposed amendment will result in significant mitigation of adverse impacts on the natural environment, including air, water, noise, storm water management, wildlife, and vegetation;

      (7)   Whether the proposed amendment will ensure efficient development within the city;

      (8)   Whether the proposed amendment will result in a logical and orderly development pattern; and

      (9)   Whether the proposed amendment will produce a negative impact upon the abutting or surrounding properties and land uses.

(Ord. 4-2016, passed 3-2-16; Am. Ord. 33-2016, passed 11-16-16)

         a)   All applications for a conditional use permit; and

         b)   All development, changes in a site, or changes in a use that are not exempt from development plan review by § 153.203(B)(2): Exemptions.

         a)   Construction of new single-family or two-family residential dwellings or the reconstruction, enlargement, or alteration of such;

         b)   Expansion of existing non-residential uses representing an increase in floor area and/or parking area that is 10 percent or less of the existing building square footage, but does not exceed a combined square footage of over 5,000 square feet;

         c)   A change in use in a non-residential building;

         d)   Modifications to sites involving changes to landscaping, parking, or loading without the expansion of such items;

         e)   Signs; and

         f)   Accessory structures or uses.

         a)   The property owner or owner’s authorized agent shall submit an application and applicable development plan drawings in accordance with the provisions of this subsection.

         b)   Complete development plan applications shall include all the required information per the approved checklist.

         c)   The development plan application shall be prepared by a certified planner, engineer, landscape architect, or architect.

         a)   The Building Official shall review the development plan application to determine completeness and shall distribute the development plan to other city departments and consulting professionals and agents of the city as appropriate for review and comment.

         b)   Upon determination that the application is complete, the Building Official shall refer the application to Planning Commission for review within 90 days.

         a)   The Planning Commission shall review the recommendations and notations of the Building Official and evaluate whether or not the development plan complies with the requirements of this code.

         b)   The Planning Commission shall issue its findings of approval, approval with modifications or conditions, or disapproval to the Building Official.

         a)   If the Planning Commission finds that the development plan application meets all the applicable regulations of this code, the Building Official will issue a zoning certificate for the application. The Building Official will also provide any next steps that are applicable to the subject development plan application including permitting requirements.

         b)   If the Planning Commission or Building Official determines that any variances are required for the development plan application, the Building Official will notify the owner or the owner's authorized agent of the variance procedure and requirements described in § 153.206: Variances.

         c)   If the Planning Commission denies the development plan application, the owner or the owner's authorized agent has the option to appeal the decision to the Board of Zoning Appeals subject to the requirements set forth in § 153.208: Appeals. The determination by the Board of Zoning Appeals constitutes a final decision by the city.

(Ord. 4-2016, passed 3-2-16)

   Conditional use permits shall be required for types of uses designated as conditionally permitted in a particular zoning district. Such particular use may be permitted and desirable in certain districts, but not without consideration. In each case, the effect of the use upon neighboring land and the effect the neighboring land will have on the use will be reviewed. The application of the planning standards for determining the location and extent of such use is a planning function, and not in the nature of a variance or an appeal. Enumerated throughout this code are certain uses and the districts in which they may be permitted as conditional uses provided the following standards are fulfilled and a conditional use permit is granted by the Planning Commission. Application requirements shall be as established on the checklist provided by the city.

      (1)   An owner or owner’s authorized agent shall submit an application for a conditional use permit that is complete and includes all the required information per the approved checklist.

      (2)   The Planning Commission shall hold a public hearing subject to the requirements of § 153.201(B): Public Notification for Public Hearings.

      (1)   The conditional use is consistent with the spirit, purpose, and intent of the comprehensive plan and will not negatively affect or harm the appropriate use of neighboring property.

      (2)   The proposed conditional use is to be located in a district wherein such use may be permitted, subject to the requirements of this section.

      (3)   The use complies with all applicable use-specific provisions established in § 153.252(E): Public and Institutional Use-Specific Regulations and § 153.253(D): Non-Residential Use-Specific Regulations.

      (4)   The proposed use shall be adequately served by essential public facilities and services such as, but not limited to, roads, public safety forces, storm water facilities, water, sanitary sewer, refuse pick-up, and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.

      (5)   The proposed use will comply with all applicable development standards, except as specifically altered by the Planning Commission in the approved conditional use.

      (6)   The proposed use will be harmonious with the existing or intended character of the area, will not be hazardous or have a negative impact on adjacent properties, and will not be detrimental to property values or the economic welfare of the general vicinity.

      (7)   The proposed use will not involve uses, activities, processes, materials, equipment, and conditions of operations, including but not limited to, hours of operation, that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor, or other characteristic not compatible to the uses permitted in the base zoning district.

      (8)   The proposed use will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in the district.

      (1)   The Planning Commission shall approve the conditional use permit if it determines that the proposed application satisfies, or through the imposition of conditions pursuant to § 153.204(C)(3) satisfies, the standards set forth in § 153.204(B): Review Factors.

      (2)   If the Planning Commission determines that the issuance of a conditional use permit is warranted, the Planning Commission may condition such issuance upon specific requirements and limitations with respect to the location, construction, maintenance, landscaping, operation, and other factors and features of the application it deems necessary or appropriate to protect the interests of the community and to ensure satisfaction of the standards set forth in § 153.204(B): Review Factors.

      (3)   If the Planning Commission determines that such proposed use does not, and with the imposition of conditions, will not, satisfy the standards set forth in § 153.204(B): Review Factors, the Planning Commission shall deny the issuance of a conditional use permit.

      (4)   If the Planning Commission denies the conditional use permit, the owner or the owner’s authorized agent has the option to appeal the decision to the Board of Zoning Appeals subject to the requirements set forth in § 153.208: Appeals. The determination by the Board of Zoning Appeals constitutes a final decision by the city.

   (A)   Where there is a proposed use that is not currently listed in Table 252-1: Residential Permitted Uses or Table 253-1: Non-Residential Permitted Uses, the Building Official, in consultation with the chair of the Planning Commission, may review the use to determine the appropriate zoning districts, if any, where the use may be permitted. The nature, operation, and function of the use shall be analyzed in the determination of the appropriate district(s).

   (B)   The Building Official may forward his or her decision to the Planning Commission for review and to determine if the proposed use should be enumerated in this zoning code as a permitted use in the appropriate zoning district(s) pursuant to § 153.202: Zoning Text and Map Amendments.

   (C)   The Building Official may find that the proposed use is not compatible with any existing zoning districts and not permit the use under the current zoning code. The owner or owner's authorized agent may appeal the decision of the Building Official to Planning Commission for review and final decision.

(Ord. 4-2016, passed 3-2-16)

      (1)   An owner or owner's authorized agent shall submit an application for a variance that is complete and includes all the required information per the approved checklist.

      (2)   The Board of Zoning Appeals shall hold a public hearing subject to the requirements of § 153.201(B): Public Notification for Public Hearings.

      (1)   The Board of Zoning Appeals shall have the power to authorize variances in specific cases as described herein and that are consistent with the provisions of the City Charter.

      (2)   The Board of Zoning Appeals shall hear and decide all applications for variances from the requirements and standards set forth in this zoning code and that are not contrary to the public interest. When an owner or owner's authorized agent seeks a variance, said owner or owner's authorized agent shall be required to establish that the literal enforcement of this code would result in an unnecessary hardship unless a variance is granted.

      (3)   Variances shall not be granted for the use of any land, structure, or building that is not permitted in the applicable zoning district. In those cases, an application to rezone the property is required.

      (4)   The Board of Zoning Appeals shall not grant variances, as authorized in this zoning code, unless it can determine that there is an unnecessary hardship for the owner in complying with the requirements of this zoning code. The evaluation shall include, but is not limited to, the following factors:

         a)   Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness, or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures, or conditions.

         b)   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.

         c)   Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures.

         d)   Whether the essential character of the neighborhood would be substantially altered or whether adjacent properties would suffer substantial detriment as a result of the variance.

         e)   Whether the variance would adversely affect the delivery of governmental services such as water, sewer, and refuse pick-up.

         f)   Whether special conditions or circumstances exist as a result of actions of the owner.

         g)   Whether the property owner's predicament can feasibly be obviated through some method other than a variance.

         h)   Whether the spirit and intent behind these code requirements would be observed and substantial justice done by granting a variance.

         i)   Whether the granting of the variance requested will confer on the owner any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.

         j)   No single factor listed above may control, and not all factors may be applicable in each case. Each case shall be determined on its own facts.

      (5)   The Board of Zoning Appeals shall not grant a variance unless the Board finds that special conditions or circumstances exist which are particular to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same district.

(Ord. 4-2016, passed 3-2-16)

      (1)   Newly constructed, relocated, reconstructed, erected, or altered building or structure or portion thereof;

      (2)   Before occupancy of an existing building or any portion thereof, which has been altered or changed;

      (3)   When an existing use has been altered, changed, or enlarged;

      (4)   When an additional use is to commence that is different than the prior use; or

      (5)   When a nonconforming building or use is changed.

      (1)   Applications for a certificate of use and occupancy shall be submitted by an owner, or an owner’s authorized agent, to the Building Official. If any occupancy or use within a building or structure will be by a tenant or person other than a single owner, such application shall be required to be made on behalf of all owners and proposed tenants, and shall only be made when the work for which the application is submitted has been completed.

      (2)   Accurate information shall be furnished along with the application by the owner, or an owner's authorized agent, as to the size and location of the lot, buildings, or structures occupying the lot, the dimensions of all yards and open spaces, the proposed use of each portion of land or building, and all such other information as may be requested by the city.

      (3)   A statement shall be furnished by each owner or owner's authorized agent stating the exact intentions of the intended use of the subject property. If different uses will occupy different portions of the land, building, or structure, the statement shall set forth the uses and specifically refer to designated areas on the plan to which each use will be restricted.

(Ord. 4-2016, passed 3-2-16)

      (1)   Appeals shall be filed within 30 days of the date of the meeting or notice in which the decision was made by filing a written notice of appeal on the applicable form provided by the city.

      (2)   The notice of appeal shall specify the grounds for such appeal. Upon receipt of a notice of appeal, the Building Official shall transmit the written notice to the applicable board or commission including all of the papers constituting the record upon which the decision being appealed was based.

(Ord. 4-2016, passed 3-2-16)