- ADMINISTRATION, ENFORCEMENT, AND AMENDMENT PROCEDURES
FOOTNOTE(S):
(52) Cross reference— Administration, ch. 2.
The administrative assistant of the city shall enforce this ordinance and is hereby given the authority and responsibility to enforce all provisions of this ordinance, which includes, but is not limited to, the following duties:
IX.1.1 Map maintenance. It is the administrative assistant's duty to maintain in a timely and current manner the official zoning map reflecting thereon any and all rezoning amendments approved by the mayor and city council. Amendments of this official zoning map will be recorded by the zoning administrator within seven calendar days following approval of such action by the mayor and council.
IX.1.2 Sign regulation. It is the administrative assistant's duty to conduct the approval process and issue permits in accordance with the sign regulations set forth in this ordinance.
IX.1.3 Development monitoring. It is the administrative assistant's duty to inspect all development within the city limits of Unadilla and report any violations of this ordinance to both the mayor and council.
IX.1.4 Other duties. It is the administrative assistant's duty to perform any other zoning duties as directed by the mayor and council.
It shall be unlawful for any person to commence excavation for or construction of any building structure or the moving of any existing building without first obtaining a zoning permit from the administrative assistant. No permit shall be issued for the construction, alteration, or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this ordinance, showing that the construction proposed is in compliance with the provisions of this ordinance.
Fees for inspections and the issuance of permits or certificates or copies thereof required or issued under the provisions of this ordinance shall be collected by the administrative assistant in advance of the issuance of such permits or certificates. The amount of such fees shall be established by the city council, from time to time, and shall cover the cost of inspection and supervision resulting from the enforcement of this ordinance.
The city council of the City of Unadilla may amend, supplement, or change the regulation of the district boundaries of this ordinance as established herein.
IX.4.1 Policies and procedures for city initiated zoning activities. The following process applies when the city feels the need to amend the text of the ordinance or the official zoning map.
a.
In the case of developing an initial zoning plan (map and text), or updating or amending an existing zoning plan, the city council will, where appropriate, utilize any new or existing land use studies, land use plans, or other relevant documents as a resource for ordinance development or ordinance amendment.
b.
Upon the completion of a preliminary zoning document(s) by the administrative assistant of the city and after this draft document has been presented to and reviewed by the city council, a public hearing will be scheduled by the Unadilla City Council, respectively. The public hearing will be held by the mayor and council, and public notice will be given no less than 15 days nor more than 45 days prior to the hearing date.
c.
Public hearing notices will be published in The News Observer. The public notice will state the time, place, and purposes of the hearing.
d.
When the boundary lines of an established zoning district are proposed for change (rezoning), the city council shall have the planning commission prepare an evaluation of each such proposed rezoning considering each of the following factors:
1.
Existing uses and zoning of nearby property.
2.
The extent to which property values are diminished by the present zoning restrictions.
3.
The extent to which the destruction of property values, resulting from existing zoning of specific parcels promotes the health, safety, morals, or general welfare of the public.
4.
The relative gain to the public, as compared to the hardship imposed upon the individual property owner by the proposed zoning classification.
5.
The suitability of the subject property for the zoning purposes as proposed.
6.
The length of time the property has been vacant under the present zoning classification, considered in the context of land development in the area in the vicinity of the property.
7.
Conformity with or divergence from the city's comprehensive plan.
e.
The public hearing will be convened at the advertised time and place and will be presided over by the appropriate officials.
f.
At the public hearing, the mayor will review for those present the following operating procedures for the public hearing:
1.
In order for a person in attendance to speak, the mayor must recognize him/her. The person recognized will identify himself/herself. The mayor may also request that the person furnish a home or business street address, as appropriate.
2.
The person speaking will be allowed a reasonable amount of time to express opinions and make comments.
3.
Additional persons will be recognized per the above procedure for the purpose of addressing additional concerns of the revisions or to make additional points with regard to elements already addressed but not to rehash points already made.
4.
Appropriate notes or minutes will be recorded by the city council and the planning commission at their respective public hearings.
g.
In the absence of the mayor, the mayor pro tem will preside over the mayor's duties.
h.
The city council at its public hearing will review and consider the evaluations and recommendations from the planning commission and may choose to adopt, reject, or modify the planning commission's recommendations or the business may be tabled for additional study to the next regular council meeting.
IX.4.2 Procedures for rezoning request made by a private citizen or property owner. Either a resident of the city or one who owns property within the city limits may request an amendment to either the text of this ordinance or the official zoning map. The following is the procedure for which this may be accomplished:
a.
An application for rezoning must be filed with the administrative assistant at city hall on a prescribed form and fees paid as set by the city council.
b.
All applications for rezoning requests will be accompanied by a plat of the parcel in question and a legal description. If the parcel's boundaries conform to the lot boundaries within an existing subdivision for which a plat is recorded in the land records of the county, then the lot, block, and subdivision designation with appropriate plat references and a copy of the deed to the land so described as required above.
c.
The administrative assistant will inform applicant of the public hearing date. A public hearing will be held by the city council. Public notice will appear no less than 15 days nor more than 45 days of the official public hearing.
d.
The public hearing notice will name the applicant, the location of the property to be affected, the present zoning class, the proposed zoning class, and the date, time, and place of the public hearing to be held by the mayor and council.
e.
The administrative assistant shall have erected upon the property for which rezoning is to be considered a sign of no less than 17 inches by 24 inches announcing the public hearings, stipulating the dates, times, and places for the two hearings, the present zoning class, and the proposed zoning class. The sign shall be clearly visible from a public street. It shall be erected not less than 15 days before the official public hearing date.
f.
The public hearing held will follow essentially the same meeting procedures as that of the city council, as provided for in section VIII.4.2.
g.
Following the public hearing, the application will be forwarded to the planning commission.
h.
The planning commission shall recommend approval or disapproval which shall be forwarded to the city for final determination.
i.
Any application for rezoning of a particular parcel of property which is defined by the city council may not again be considered for rezoning until the expiration of at least 12 months immediately following the defeat of the rezoning request.
- ADMINISTRATION, ENFORCEMENT, AND AMENDMENT PROCEDURES
FOOTNOTE(S):
(52) Cross reference— Administration, ch. 2.
The administrative assistant of the city shall enforce this ordinance and is hereby given the authority and responsibility to enforce all provisions of this ordinance, which includes, but is not limited to, the following duties:
IX.1.1 Map maintenance. It is the administrative assistant's duty to maintain in a timely and current manner the official zoning map reflecting thereon any and all rezoning amendments approved by the mayor and city council. Amendments of this official zoning map will be recorded by the zoning administrator within seven calendar days following approval of such action by the mayor and council.
IX.1.2 Sign regulation. It is the administrative assistant's duty to conduct the approval process and issue permits in accordance with the sign regulations set forth in this ordinance.
IX.1.3 Development monitoring. It is the administrative assistant's duty to inspect all development within the city limits of Unadilla and report any violations of this ordinance to both the mayor and council.
IX.1.4 Other duties. It is the administrative assistant's duty to perform any other zoning duties as directed by the mayor and council.
It shall be unlawful for any person to commence excavation for or construction of any building structure or the moving of any existing building without first obtaining a zoning permit from the administrative assistant. No permit shall be issued for the construction, alteration, or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this ordinance, showing that the construction proposed is in compliance with the provisions of this ordinance.
Fees for inspections and the issuance of permits or certificates or copies thereof required or issued under the provisions of this ordinance shall be collected by the administrative assistant in advance of the issuance of such permits or certificates. The amount of such fees shall be established by the city council, from time to time, and shall cover the cost of inspection and supervision resulting from the enforcement of this ordinance.
The city council of the City of Unadilla may amend, supplement, or change the regulation of the district boundaries of this ordinance as established herein.
IX.4.1 Policies and procedures for city initiated zoning activities. The following process applies when the city feels the need to amend the text of the ordinance or the official zoning map.
a.
In the case of developing an initial zoning plan (map and text), or updating or amending an existing zoning plan, the city council will, where appropriate, utilize any new or existing land use studies, land use plans, or other relevant documents as a resource for ordinance development or ordinance amendment.
b.
Upon the completion of a preliminary zoning document(s) by the administrative assistant of the city and after this draft document has been presented to and reviewed by the city council, a public hearing will be scheduled by the Unadilla City Council, respectively. The public hearing will be held by the mayor and council, and public notice will be given no less than 15 days nor more than 45 days prior to the hearing date.
c.
Public hearing notices will be published in The News Observer. The public notice will state the time, place, and purposes of the hearing.
d.
When the boundary lines of an established zoning district are proposed for change (rezoning), the city council shall have the planning commission prepare an evaluation of each such proposed rezoning considering each of the following factors:
1.
Existing uses and zoning of nearby property.
2.
The extent to which property values are diminished by the present zoning restrictions.
3.
The extent to which the destruction of property values, resulting from existing zoning of specific parcels promotes the health, safety, morals, or general welfare of the public.
4.
The relative gain to the public, as compared to the hardship imposed upon the individual property owner by the proposed zoning classification.
5.
The suitability of the subject property for the zoning purposes as proposed.
6.
The length of time the property has been vacant under the present zoning classification, considered in the context of land development in the area in the vicinity of the property.
7.
Conformity with or divergence from the city's comprehensive plan.
e.
The public hearing will be convened at the advertised time and place and will be presided over by the appropriate officials.
f.
At the public hearing, the mayor will review for those present the following operating procedures for the public hearing:
1.
In order for a person in attendance to speak, the mayor must recognize him/her. The person recognized will identify himself/herself. The mayor may also request that the person furnish a home or business street address, as appropriate.
2.
The person speaking will be allowed a reasonable amount of time to express opinions and make comments.
3.
Additional persons will be recognized per the above procedure for the purpose of addressing additional concerns of the revisions or to make additional points with regard to elements already addressed but not to rehash points already made.
4.
Appropriate notes or minutes will be recorded by the city council and the planning commission at their respective public hearings.
g.
In the absence of the mayor, the mayor pro tem will preside over the mayor's duties.
h.
The city council at its public hearing will review and consider the evaluations and recommendations from the planning commission and may choose to adopt, reject, or modify the planning commission's recommendations or the business may be tabled for additional study to the next regular council meeting.
IX.4.2 Procedures for rezoning request made by a private citizen or property owner. Either a resident of the city or one who owns property within the city limits may request an amendment to either the text of this ordinance or the official zoning map. The following is the procedure for which this may be accomplished:
a.
An application for rezoning must be filed with the administrative assistant at city hall on a prescribed form and fees paid as set by the city council.
b.
All applications for rezoning requests will be accompanied by a plat of the parcel in question and a legal description. If the parcel's boundaries conform to the lot boundaries within an existing subdivision for which a plat is recorded in the land records of the county, then the lot, block, and subdivision designation with appropriate plat references and a copy of the deed to the land so described as required above.
c.
The administrative assistant will inform applicant of the public hearing date. A public hearing will be held by the city council. Public notice will appear no less than 15 days nor more than 45 days of the official public hearing.
d.
The public hearing notice will name the applicant, the location of the property to be affected, the present zoning class, the proposed zoning class, and the date, time, and place of the public hearing to be held by the mayor and council.
e.
The administrative assistant shall have erected upon the property for which rezoning is to be considered a sign of no less than 17 inches by 24 inches announcing the public hearings, stipulating the dates, times, and places for the two hearings, the present zoning class, and the proposed zoning class. The sign shall be clearly visible from a public street. It shall be erected not less than 15 days before the official public hearing date.
f.
The public hearing held will follow essentially the same meeting procedures as that of the city council, as provided for in section VIII.4.2.
g.
Following the public hearing, the application will be forwarded to the planning commission.
h.
The planning commission shall recommend approval or disapproval which shall be forwarded to the city for final determination.
i.
Any application for rezoning of a particular parcel of property which is defined by the city council may not again be considered for rezoning until the expiration of at least 12 months immediately following the defeat of the rezoning request.