The zoning clearance permit is a permit issued by the zoning administrator which states that a particular development meets all of the requirements of the zoning regulations. It is not a building permit and does not authorize construction; it certifies that the land or structure is in conformance with the terms of this chapter.

(Code 1990, § 12-212; Code 2010, § 12-212; Code 2013, § 48-208)

(a)

No building or other structure shall be erected, constructed, enlarged, or altered, nor shall the use of any land or building or other structure be changed without a zoning clearance permit being issued authorizing such construction, alteration, or use changes as being in compliance with the provisions of this chapter.

(b)

No building or other permit shall be issued for any construction not conforming to a valid zoning clearance permit.

(Code 1990, § 12-213; Code 2010, § 12-213; Code 2013, § 48-209)

No change shall be made in the use of any land or building or structure after the passage of the ordinance from which this chapter is derived until a zoning clearance permit has been obtained, certifying that all the provisions of this chapter have been complied with.

(Code 1990, § 12-214; Code 2010, § 12-214; Code 2013, § 48-210)

An application for a zoning clearance permit shall be made to the zoning administrator by the owner or proposed occupant of the building or land to be occupied or used, and the application shall state the location and legal description of the property and set out in detail the character and nature of the use to be conducted thereon. Within three days, the zoning administrator shall grant or deny the zoning clearance permit in accordance with the terms of this chapter.

(Code 1990, § 12-215; Code 2010, § 12-215; Code 2013, § 48-211)

All applications for zoning clearance permits shall be accompanied by a plat plan, drawn to scale on suitable paper, showing the actual dimensions of the lot to be built upon, the size and location of the building to be erected, and such other information as may be necessary to satisfy the requirements of this chapter.

(Code 1990, § 12-216; Code 2010, § 12-216; Code 2013, § 48-212)

Zoning clearance permits shall not be issued until the required fee, in the amount provided in the city fee schedule, has been paid.

(Code 1990, § 12-217; Code 2010, § 12-217; Code 2013, § 48-213)

Where the letter "P" appears for certain uses in the tables of permitted uses, the use is permitted subject to acquiring a conditional use permit. The uses designated under the various districts herein as conditional uses are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses makes it desirable that they be permitted to locate therein. The procedure provided in this division is established to integrate properly the conditional uses with the other land uses located in the district.

(Code 1990, § 12-220; Code 2010, § 12-220; Code 2013, § 48-235)

An application for a conditional use permit shall be filed with the city planning commission for review. Such application shall show the location and intended use of the site, the names of all the property owners and existing land uses within 300 feet and any other material pertinent to the request which the planning commission may require.

(Code 1990, § 12-220(A); Code 2010, § 12-220(A); Code 2013, § 48-236)

The city planning commission shall hold one or more public hearings thereon. Such notice shall follow the same procedure as for an amendment as specified in these regulations. In the event an applicant files an application for an amendment concurrently with an application for a conditional use, the planning commission may, upon its option, consider both applications concurrently upon proper notice having been given.

(Code 1990, § 12-220(B); Code 2010, § 12-220(B); Code 2013, § 48-237)

The planning commission shall within 45 days of the date of application, transmit to the city council its report as to the effect of such proposed building or use upon the character of the neighborhood, traffic condition, public utilities and other matters pertaining to the general welfare, and the recommendation of the planning commission concerning use thereon. Thereupon, the city council may authorize or deny the issuance of a conditional use permit for the use of land or buildings as requested.

(Code 1990, § 12-220(C); Code 2010, § 12-220(C); Code 2013, § 48-238)

Every conditional use permit granted under this article or any other section of this Code shall be subject to administrative review at least annually, and on such other occasions as the city shall deem necessary. There is an annual fee for the renewal of every conditional use permit as established from time to time by the city. In the event the city determines that a formal review, revision, modification or revocation of the conditional use permit is or might be necessary and in the best interest of the city, the city shall set the matter for public hearing before the city council and shall give the owner or holder of such conditional use permit not less than 20 days written notice of such public hearing. Notice shall be mailed, by certified mail, to the owner or holder of the conditional use permit at the last known address of such owner or holder. At the close of such hearing, the city council may take such action as it deems appropriate regarding such conditional use permit.

(Ord. No. 861, § 1, 9-5-2023)

The requirements of a special development permit is enacted for the purpose of facilitating adequate provision for transportation, water, sewerage, parks and safety from fire in accordance with the comprehensive plan of the city, as provided by state law.

(Code 1990, § 12-381; Code 2010, § 12-381; Code 2013, § 48-270)

(a)

No residential subdivision, as such is defined in the subdivision regulations of the city, shall be approved unless the applicant first obtains a special development permit from the city.

(b)

The provisions of these zoning regulations shall not be applicable to the following:

(1)

Subdivisions finally approved by the city and filed in the office of county clerk prior to the date of final passage of the ordinance from which this chapter is derived by the city council, or lots or tracts of record existing at the time of the final passage of the ordinance from which this chapter is derived;

(2)

The alteration, repair, demolition or maintenance of existing dwellings or construction of structures accessory to dwellings; or

(3)

Nonresidential development.

(Code 1990, § 12-382; Code 2010, § 12-382; Code 2013, § 48-271)

(a)

No special development permit shall be issued by the city unless the site proposed for development has at least 15 development points as calculated by the following scale of values:

(1)

Sanitary sewers:

a.

Public sewers abutting site: five development points.

b.

Package sewer plants/lagoons abutting site: three development points.

c.

Health department approved septic system available to site: two development points.

d.

All others: zero development points.

(2)

Water supply:

a.

Public water meeting fire standards abutting site: five development points.

b.

Public water less than fire standards abutting site: three development points.

c.

All others: zero development points.

(3)

Improved public park or recreation facility (satisfying the minimum standards for neighborhood playgrounds as contained in the comprehensive plan report dated June 1977, or any subsequently adopted comprehensive plan):

a.

Located within one-half mile of site: three development points.

b.

Located within one mile of site: one development point.

c.

Located further than one mile from site: zero development points.

(4)

Arterial streets or bridges improved to city standards:

a.

Direct access from site: five development points.

b.

Within one-half mile from site: three development points.

c.

Within one mile from site: one development points.

d.

Further than one mile from site: zero development points.

(5)

Fire station:

a.

Within one mile of site: three development points.

b.

Within two miles of site: one development point.

c.

Further than two miles from site: zero development points.

All distances shall be computed from the proposed location of each separate lot or plot capable of being imposed with a residential structure and not from the boundaries of the entire parcel.

(b)

Professional engineering standards as regularly applied by the city at the time of filing of an application for a special development permit shall determine compliance with and satisfaction of the above scale of values, unless the city council should by ordinance or resolution provide otherwise.

(c)

When issued by the city the special development permit shall specify the number of dwelling units that meet the standards set forth herein. No units in excess of such approved number may be constructed without subsequent issuance of a separate development permit applicable to such additional units.

(d)

Development points will be awarded for the above-listed improvements and facilities if such are:

(1)

Existing at the time the application for a special development permit is filed; or

(2)

Scheduled for completion under the then effective annual budget or capital improvement program within one year of the time the application for a special development permit is filed.

(e)

An applicant or a special development permit may be awarded development points by agreeing to provide, at the applicant's expense, such of the above-listed improvements and facilities as may be necessary to achieve 15 points. Such agreement shall be secured by either a cash deposit or surety bond sufficient to cover the cost of the proposed improvements or facilities, the form, sufficiency and amount of which cash or bond shall be determined and approved by the city council.

(Code 1990, § 12-383; Code 2010, § 12-383; Code 2013, § 48-272)

The city council at a public hearing shall have the power to alter the requisite number of development points for the issuance of any special development permit for a specific site in those individual instances where such alteration is found to bring about development which is consistent with the comprehensive plan of the city, provided that such alteration shall first be considered by the planning commission at a public hearing. Notice of such public hearings before the planning commission and city council shall be given in the same manner as is required for the amendment of zoning district boundaries.

(Code 1990, § 12-384; Code 2010, § 12-384; Code 2013, § 48-273)

Special development permits may be issued, at the time of application, to become effective in a subsequent year when it is shown that 15 development points will be accumulated by a particular site in such subsequent year based upon the scheduled completion dates of improvements and facilities as provided in the adopted capital improvement program of the city, or any revision thereof; however, no such prior approval shall provide for an effective date more than two years after the date of application. While a special development permit in such case may be issued at the time of application, it shall not become effective until the subsequent year when the 15 required development points are accumulated, and such a development permit shall so state its effective date upon its face. Development points for special development permits to become effective at a subsequent time will be awarded in compliance with the standards as contained in section 48-272. Such special development permits shall be fully assignable and transferable.

(Code 1990, § 12-385; Code 2010, § 12-385; Code 2013, § 48-274)

(a)

The fee for each special development permit application is payable at the time such application is made. Such fee shall not be refundable.

(b)

The fee for each application for an alteration of the requisite number of development points for the issuance of an individual special development permit shall be payable at the time that the application is made. Such fee shall not be refundable.

(Code 1990, § 12-386; Code 2010, § 12-386; Code 2013, § 48-275)

While it is the intent of the city to make good faith efforts to satisfy the provisions of the capital improvement program, nothing contained in this chapter shall be construed to constitute a legally binding commitment to provide improvements or facilities contemplated in the capital improvement program to any individual applicant, and all special development permits shall so state.

(Code 1990, § 12-387; Code 2010, § 12-387; Code 2013, § 48-276)

These provisions for a special development permit shall not become effective until such time as the city council approves a capital improvement program, to be in accordance with the comprehensive plan of the city, and further, this chapter shall cease to be effective at the expiration of the time period covered by such capital improvement program; however, to the extent such capital improvement program is revised, updated and extended so as to cover additional time periods, then this chapter shall continue in effect for those time periods covered by such revisions, updated and extensions of the capital improvement program.

(Code 1990, § 12-388; Code 2010, § 12-388; Code 2013, § 48-277)