The provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare; therefore, where this title imposes greater restriction than is imposed or required by other laws, ordinances, rules or regulations, the provisions of this title shall prevail.

(Ord. No. 1030, § 3, 7-16-09)

A.

Purpose. It is not possible to contemplate all of the various uses that will be compatible within a zoning district. Therefore, unintentional omissions occur. The purpose of these provisions is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such unlisted uses are compatible with the listed uses.

B.

Process.

1.

Any person may initiate an interpretation of the use tables in this code by submitting a written request to the zoning administrator. The administrator may independently initiate an interpretation of the use tables in this code.

2.

The planning commission shall review and decide on any interpretation initiated within a residential or public district.

3.

The zoning administrator shall review and decide on any interpretation initiated within a trade district. On a case-by-case basis, the administrator may consult with the planning commission prior to deciding on an interpretation.

C.

Approval Standards. Affirmative findings shall be made on the following criteria before any unlisted use is allowed in a zoning district:

1.

The use is consistent with the purpose of the applicable zoning district; and

2.

The use is expressly allowed in a less restrictive district; or

3.

The use is of the same general character as the principal and conditional uses authorized in such district.

D.

Guidance. To assist in making the above findings, the city may rely on the following documents for guidance: the comprehensive plan, any other plan officially adopted by the city, the American Planning Association's 2001 Land-Based Classification Standards, or other similar documents or classification standards.

E.

Effect of Interpretation.

1.

Accessory Use. In limited circumstances, an unlisted use which satisfies the approval standards above may be interpreted as an accessory use in the district under consideration. Such circumstances require an additional affirmative finding that the proposed use serves a purpose customarily incidental to the instant principal use on the property under consideration.

2.

Conditional Use. Any unlisted use which satisfies the approval standards above but cannot be considered an accessory use shall be interpreted as a conditional use in the district under consideration.

3.

Principal Use Permitted Outright. No unlisted use shall be interpreted as a principal use permitted outright in any district.

4.

Prohibited Use. An unlisted use which fails to satisfy the approval standards above shall be interpreted as a prohibited use in the district under consideration.

F.

Catalogue of Interpretations. A record shall be kept of such interpretations to facilitate equitable future administration and to permit periodic amendments to this title.

(Ord. No. 1030, § 3, 7-16-09; Ord. No. 1103, § 2.A, 2-16-2017)

It shall be the duty of the planning commission, board of adjustment, city council and zoning administrator to interpret and/or administer the provisions of this title in such a way as to carry out the intent and purpose of the comprehensive plan. Where zoning regulations are not clear, or where there are inconsistencies within this title, the comprehensive plan shall be referred to for interpretation and guidance.

(Ord. No. 1030, § 3, 7-16-09)

In the event of conflict of provisions within this title, the most restrictive requirements shall prevail.

(Ord. No. 1030, § 3, 7-16-09)

When making determinations between zoning districts as to which is more restrictive or less restrictive, the following order shall be used, starting with most restrictive and ending with least restrictive: R1, R2, R3, MHR, SR, PR, ED, CR, C1, and M1.

(Ord. No. 1030, § 3, 7-16-09; Ord. No. 1077, § 2, 7-17-2014)

A.

Whenever a public hearing is required by this title:

1.

No less than 2 notices shall be posted by the administrator in conspicuous places on or adjacent to the subject property.

2.

Written notices shall be mailed to the land owner and to all property owners of record within a radius of 300 feet of the exterior boundaries of the subject property.

3.

Notices shall be published in the local newspaper once a week for 2 consecutive weeks prior to the hearing date.

B.

Such notices shall:

1.

State the time and place of such hearing and the nature of the question to be heard;

2.

Be posted and mailed not less than 14 days prior to the hearing;

3.

Be published not less than 8 days prior to the hearing.

C.

A request involving a public hearing shall require of the applicant:

1.

A filing fee, nonrefundable and payable to the city, in an amount set by the City Council, which may be revised from time to time.

2.

A list of the mailing addresses of all property owners of record within a radius of 300 feet of the exterior boundaries of the subject property.

3.

Any other data identified in this title, the associated permit application form, or such information as the administrator deems necessary to adequately inform the planning commission and/or city council of the proposal.

(Ord. No. 1030, § 3, 7-16-09; Ord. No. 1103, § 2.B, 2-16-2017)