(a)

The use permitted in each district corresponds to the unique characteristics of that district. Each district is intended to be consistent with and have the least possible adverse effect in use of the land as it is related to its physical-cultural environment. Landscaping and open space uses are allowed in every zoning district. Other uses are restricted to the ability of the land to support particular types of uses. In each district, the uses allowed, whether declared by right or by conditional or special use permit, must be in close harmony with the district's physical characteristics. In districts where the capability of the land to support development is greater, a wider range of uses by right is permitted. In all districts, care is taken to allow for potential development under reasonable controls.

(b)

In each zoning district, allowable uses require different controls and safeguards. For this purpose, the allowable uses are divided into three groups for each zoning district. These groups are:

(1)

Uses allowed by right. Uses listed are allowed automatically, without further application or administrative review.

(2)

Conditional uses. Uses specifically allowed within a zoning district, provided that certain conditions, as specified in this Chapter, are complied with. Prior to the issuance of a building permit, the property owner must agree to the conditions set forth for a particular use. Once issued, a building permit may be revoked if the subject conditional use is not developed in exact accord with the conditions specified for that use. Under no circumstances shall a certificate of occupancy be issued by the Building Inspector until all requirements specified for a particular conditional use are met.

(3)

Uses by special permit. Uses specifically set forth as allowable within a zoning district shall be allowed only by a special use permit issued by the Planning and Zoning Commission. Such special use permit shall be issued only after review, public hearing and approval by the Planning and Zoning Commission.

(Prior Zoning Code, § 1-6; Ord. No. 1043, 2014)

Where cemeteries, mausoleums, churches, schools, public facilities, water reservoirs, water storage tanks, water pumping stations, sewer lift stations, sewage lagoons or sewage treatment facilities are allowed under the district regulations, prior to receiving a building permit to commence a new use for any of the above, the following supplemental information shall be provided to the Planning and Zoning Commission for evaluation:

(1)

For each instance, the Planning and Zoning Commission shall be provided with site development plans showing the proposed development or use and its relationship to adjacent properties. The site development plan shall show existing contours of the site at two-foot intervals, the location of improvements on the site, the height and bulk of structures proposed, the description and placement of screening or screen planting, the availability of utilities if applicable, the environmental impact on properties in the immediate vicinity and a statement of the time sequence of development.

(2)

The Planning and Zoning Commission may also prescribe any additional conditions regarding intensity or limitation of use, appearance, hours of operation, setbacks, required open space or other such conditions which may be deemed necessary by the Planning and Zoning Commission.

(Prior Zoning Code, § 7-2)

Any conditional use allowed in the various zone districts as provided by this Chapter shall be subject to the following basic considerations and other considerations as may be deemed necessary by the Planning and Zoning Commission in order to protect the general health, safety, welfare and morals of the area in which a conditional use may be located.

(1)

Such use does not create any danger to safety in surrounding areas, does not cause water pollution and does not create offensive noise, vibration, smoke, dust, odors, heat, glare, snow storage problems, environmental problems or other objectionable influences beyond the boundaries of the property on which such use is located.

(2)

Upon reasonable assurance that all conditions specified for a particular use will be complied with, the Building Inspector will issue a building permit. Once issued, a building permit may be revoked if the subject use is not developed in exact accord with the conditions specified for that use.

(3)

In the discretion of the Planning and Zoning Commission, written documentation may be required to ensure that the property owner will comply with the conditions set forth for a particular use.

(4)

A nonrefundable fee as specified in Appendix A of this Code shall be paid to the City upon application for a conditional use permit for any property within the City. In addition, the applicant for a or conditional use permit shall be responsible for any costs incurred by the City over the initial base fee, up to a maximum total fee as set out in Appendix A of this Code, to reimburse the City for additional costs associated with attorneys or other consultants necessary to review the application in a full and complete manner and make recommendations to the City.

(Prior Zoning Code, § 4-1; Ord. No. 939, § A, 1-22-2002)

Any person owning property for which a special use permit is sought, or having a proprietary or tenancy interest therein, may petition for a special use permit.

(Prior Zoning Code, § 4-2)

(a)

Preliminary steps. Any person desiring to establish a use by special use permit within any zone district of the City should first consult with the Planning and Zoning Commission concerning the appropriateness of the proposed use. The proposed use must be listed as an allowed special use within the zoning district where the property is located.

(b)

Submission of petition. A petition for a special use permit shall be submitted on appropriate forms to the Planning and Zoning Commission at least ten days prior to initial review by the Planning and Zoning Commission.

(c)

Data to be submitted.

(1)

Full name and address of the applicant.

(2)

Map and legal description of the property in question.

(3)

The existing zoning classifications.

(4)

A camera-ready copy of the public notice advising the public of a public hearing on the proposed special use.

(5)

A time schedule for any contemplated new construction.

(6)

A nonrefundable fee as specified in Appendix A to this Code shall be paid to the City upon application for a special use permit for any property within the City. In addition, the applicant for a special use permit shall be responsible for any costs incurred by the City over the initial base fee, up to a maximum total fee as set out in Appendix A of this Code, to reimburse the City for additional costs associated with attorneys or other consultants necessary to review the application in a full and complete manner and make recommendations to the City.

(7)

A site plan showing the location and type of proposed structures on the site, existing structures on the site, prominent land features, square feet of retail, industrial, wholesale or other use, number and location of off-street parking and loading spaces, location and amount of open space areas to be retained as such, location of other common areas and their usage, existing and proposed ingress to and egress from the property and proposed internal circulation system, if any, and its relation to adjacent circulation systems.

(8)

Any other information, drawings or plans deemed essential and relevant by the Planning and Zoning Commission.

(Prior Zoning Code, § 4-3; Ord. No. 939, § A, 1-22-2002)

(a)

The following standards shall be followed in the granting of special use permits.

(1)

The special use must be expressly identified in this Chapter as a special use allowed in the zone district, or, if the requested special use is not expressly listed but is of a very similar nature to those listed, it may be allowed.

(2)

If the requested special use is not listed but is similar to those listed, the Planning and Zoning Commission shall state in writing how the requested use is similar to those listed.

(b)

Proposed special use permits shall be reviewed for the following:

(1)

Consistency in furthering and implementing the goals and objectives of the Comprehensive Plan.

(2)

Consistency with other provisions and purposes of this Chapter.

(3)

Consistency with other provisions and regulations of the City.

(4)

Whether the proposed use would bring about increased traffic on minor streets, causing congestion, traffic hazards and noise, or create substantial adverse effects for legally established neighboring uses.

(5)

Whether the proposed special use permit would allow uses which would overload both existing public facilities and those proposed in the Comprehensive Plan.

(Prior Zoning Code, §§ 4-4, 4-5)

(a)

The Planning and Zoning Commission shall review the proposed special use and subsequently approve or disapprove the special use permit.

(b)

Prior to making a determination, the Planning and Zoning Commission shall conduct a public hearing for the purpose of receiving public comments on the proposed special use. This hearing can be held in conjunction with a regularly scheduled meeting of the Planning and Zoning Commission. Requirements for public notice and newspaper publication of the public hearing shall be as follows:

(1)

It is the responsibility of the applicant to publish public notice of the scheduled public hearing in a newspaper of general circulation in the City at least once and not less than ten days nor more than 45 days prior to the scheduled date of the hearing. Prior to publication, the applicant must have the public notice approved by the Planning and Zoning Commission for content.

(2)

In addition to public notice, the applicant shall notify the owners of land immediately adjoining the area affected by the proposed special use permit by first-class mail of the hearing on such at least ten days prior to the scheduled date for the hearing or by personal service.

(3)

In addition to the above, the Planning and the zoning Commission may require the applicant to post the property in question with signs informing the public of the scheduled hearing. Said signs, if required, shall notify the general public of the date, time, place and purpose of the public hearing.

(4)

At the public hearing, the Planning and Zoning Commission shall provide the opportunity for parties in interest and citizens to be heard. The question before the Planning and Zoning Commission shall be whether the standards for a special use permit are met.

(5)

All testimony before the Planning and Zoning Commission shall be given under oath.

(c)

Not later than 15 days after the public hearing on the proposed special use, the Planning and Zoning Commission shall make written findings and a determination in the form of a resolution. The determination shall include the Planning and Zoning Commission's findings on each of the standards which must be applied for special use permit, materials relevant to the standard submitted to the Planning and Zoning Commission during the public hearing. The Planning and Zoning Commission written findings and determination shall be submitted to the City Council and delivered to the applicant within the 15-day period. The City Council may, at its sole discretion, conduct a new public hearing using the same procedure required for the Planning and Zoning Commission. The findings of fact and determination of the City Council shall be made by resolution.

(Prior Zoning Code, § 4-5)

(a)

Where the Planning and Zoning Commission denies the application for special use permit, the applicant may appeal the denial by filing a request for appeal with the City Clerk within 30 days of the date of the Planning and Zoning Commission's denial.

(b)

The City Council shall apply the same standards applied by the Planning and Zoning Commission. In applying the standards, the City Council shall consider the Planning and Zoning Commission's finding of fact and determination, and any evidence or testimony submitted to the Planning and Zoning Commission during the public hearing. The City Council may, at its sole discretion, conduct a new public hearing using the same procedure required for the Planning and Zoning Commission. The decision of the City Council shall be made by resolution.

(c)

Within five days after the decision by the City Council, the applicant shall be notified in writing of the decision. The decision of the City Council shall constitute the final decision of the City.

(Prior Zoning Code, §§ 4-6, 4-7)

(a)

After holding the required hearing and denying a special use permit, the City Council cannot reconsider the request without another notice and hearing.

(b)

In the event the proposed special use permit is denied by the City Council, no new request for the same or substantially same special use shall be accepted by the Planning and Zoning Commission for a period of six months from the date of such denial.

(Prior Zoning Code, § 4-8)

(a)

Every special use permit granted under the provisions of these regulations shall expire by limitation and become null and void if the use authorized by such permit is not commenced within 120 days from the date of such permit or if the construction, work or new use of land or buildings authorized by such permit is suspended or abandoned at any time after such is commenced for a period of 120 days. Before such use can be recommenced, a new permit shall first be obtained, and the fee therefor shall be one-half the amount originally required, provided that no changes have been made or will be made in the original plans and specifications for such construction or use, and provided further that such suspension or abandonment has not exceeded one year.

(b)

Every special use granted upon conditions shall be revoked and become null and void upon failure of the applicant to meet the stated conditions for approval. Such continued failure shall be considered a violation of this Chapter and shall be subject to the penalties specified elsewhere in this Chapter.

(c)

Every special use granted for a limited period of time shall expire upon the expiration of the completed time, except that renewal may be obtained if allowable.

(Prior Zoning Code, § 4-9)

All applicants for building permits for construction in floodplain areas shall comply with the provisions of Article 9 of this Chapter.

(Prior Zoning Code, § 7-6)

The City shall have the right to request an initial deposit greater than the base nonrefundable fee in those instances when the City determines that an application may require greater time than that available under the base fee. In all cases, it shall be the responsibility of the City to maintain adequate records and to reimburse any funds not expended by the City in excess of the base fee to the applicant within 60 days of a final decision. In those cases where the applicant has not provided adequate funds in excess of the base fee to cover the City's costs up to the maximum fee, the City shall postpone any scheduled hearings or decisions until all fees are paid.

(Ord. No. 939, § A, 1-22-2002)

(a)

In addition to any requirements the Board of Zoning Adjustment, hereinafter referred to as the "Board," may adopt by rule, the Board shall conduct hearings and make decisions in accordance with the following requirements:

(1)

All meetings of the Board shall be held at the call of the Chair and at such times as the Board may determine.

(2)

Public notice shall be given of all hearings, and all hearings shall be open to the public.

(3)

The Board shall keep a record of its proceedings and hearings, either written or by sound recording and such material, together with copies of graphic or written material received in evidence, shall be made available to the public for examination.

(4)

The Board shall render written decisions, accompanied by findings of fact and conclusions based thereon. Conclusions based on any provision of this Chapter, or on any rule or regulation of the City, must contain a reference to such provision, rule or regulation and the reason why the conclusion is deemed appropriate in light of the facts found.

(5)

The record of Board proceedings shall show the vote of each member upon every question or, if absent or failing to vote, indicating that fact.

(6)

Four members of the Board shall constitute a quorum. No meeting or hearing shall be conducted by the Board without a quorum being present.

(7)

The Board shall fix a reasonable time for the hearing of appeals, give due notice thereof to the parties of concern and decide the same within a reasonable time.

(b)

The City Council may establish by resolution such fees as it may from time to time deem necessary and appropriate to carry out the functions of the Board.

(Prior Zoning Code, § 13-3; Ord. No. 939, § A, 1-22-2002)

The Board shall have the following powers:

(1)

The Board shall be the final determinant on any dispute of the location of the boundaries of the districts in cases where uncertainty exists, including the location of the special flood hazard area boundary as defined and regulated by the City.

(2)

The Board shall hear and decide requests for interpretations of the meaning of any wording of this Chapter and shall interpret said meaning so long as the interpretation is not contrary to the purpose and intent of this Chapter.

(3)

The Board shall hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or determination made by an administrative official based on, or made in the enforcement of, this Chapter.

(4)

The Board shall also hear and decide all matters referred to it or upon which it is required to issue a decision under this Chapter.

(5)

The Board may authorize, upon appeal in specific cases, such variance from the terms 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 the requirements and conditions of Section 16-3-240 below are met.

(Prior Zoning Code, § 13-4)

(a)

An appeal of a decision of any official or department of the City made in interpreting this Chapter may be taken to the Board by any person aggrieved by said decision or by any officer, department, board or bureau of the City. Such appeals shall be taken within such time as prescribed by the Board by general rule. Appeals shall be made by filing with the Zoning Enforcement Officer a notice of appeal, specifying the grounds thereof, and by filing said appeal and copy of said notice of appeal with the Board. The Zoning Enforcement Officer shall forthwith transmit to the Board all of the papers constituting the records upon which he or she made the decision from which the appeal has been taken. The notice of appeal and the appeal itself shall be filed in such number of copies, be in such form and contain such information as the Board may require. Every appeal shall indicate the provisions of this Code or other laws that are involved, the relief that is being sought and the grounds upon which such relief is based.

(b)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Enforcement Officer certifies to the Board after the notice of appeal has been filed with him or her that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed other than by a restraining order, which may be granted by the Board or by a court of record upon application following notice to the Zoning Enforcement Officer and upon due cause shown.

(Prior Zoning Code, § 13-5)

(a)

The Board may authorize such variances from the terms of this Chapter as will not be contrary to the public interest. Variances may be authorized only in those specific instances enumerated below; and then only when the Board has made findings of fact based upon the standards set out that, owing to special conditions, a literal enforcement of the provisions of this Chapter will, in an individual case, result in practical difficulties or particular hardship for the owner, lessee or occupant of land or a structure.

(b)

With respect to uses of land, buildings and other structures, it is declared to be a definition of the public interest by the City Council and a statement of the spirit of this Chapter that no variance will be granted which permits the establishment of a use not expressly or implicitly permitted in any given district. Therefore, under no circumstances shall the Board grant a variance to permit establishment of a use not generally, conditionally or by special permit allowed in a given district, or any use expressly or implicitly prohibited in said district by the terms of this Chapter.

(c)

An application for a variance shall be filed in duplicate with the Zoning Enforcement Officer, who shall forward a copy without delay to the Board. The application shall contain the following information, as well as such additional information as may be prescribed by rule of the Board:

(1)

The particular provisions of this Chapter or other laws which prevent the proposed use or construction and how the 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.

(2)

The characteristics of the subject property which prevent compliance with said provisions of this Chapter and 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 buildings in the same district.

(3)

The reduction of the minimum requirements of this Chapter which would be necessary to permit the proposed use or construction.

(4)

The practical difficulty or particular hardship which would result if said particular provisions of this Chapter were applied to the subject property.

(5)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district.

(6)

That the circumstances found to constitute a hardship either were not created by the owner, or were in existence at the time of the passage of this Chapter, and are not due to or are the result of general conditions in the district and cannot reasonably be corrected.

(7)

That the variance would not injure the value or use of the adjacent properties or prevent the proper access of light and air to such properties.

(8)

That the variance would not be out of harmony with the intent and purpose of this Chapter.

(d)

Variances from the regulations of this Chapter shall be granted only in accordance with the standards set out in this Section and may be granted only in the following instances:

(1)

To vary the applicable lot area, width and depth requirements.

(2)

To vary the applicable bulk regulations, including maximum height, maximum lot coverage, maximum floor-area ratio and minimum yard requirements.

(3)

To vary the applicable off-street parking and off-street loading requirements.

(4)

To vary the regulations relating to restoration of damaged or destroyed nonconforming structures or uses.

(5)

To permit the expansion or structural alteration of nonconforming structures or uses.

(6)

To vary the minimum floor area for single-family detached dwellings located within the R-1 and R-2 Districts only where:

a.

The single-family dwelling is placed permanently on a footer or foundation;

b.

The single-family detached dwelling is tapped onto the City's water and sewer system separately from any other structure or use on the premises; and

c.

All other standards for variances set forth in this Article are met.

(Prior Zoning Code, § 13-6; Ord. No. 1045, § a, 9-2-2014)

Public notice shall be given of all hearings, and all hearings shall be open to the public. The Board shall select a reasonable time and place for the hearing. Public notice of such hearing shall be published at least once not less than 15 days before such hearing in a newspaper of general circulation within the City. Such notice shall contain the date, time and place of the hearing, the street address or common description of the property involved, the legal description of the property involved and a brief description of the relief sought. The Board may give such additional notice as it may, from time to time, provide by general rule. Any interested party may appear and be heard at the hearing in person, by agent or by attorney. The aggrieved party shall bear the responsibility and cost for providing notice.

(Prior Zoning Code, § 13-7)

(a)

The Board shall decide on any matter within 30 days after the date of the hearing thereon. The Board may reverse or affirm, wholly or partly, or may modify or amend any order, requirement, decision or determination appealed and shall make such order, requirement, decision or determination as in its opinion ought to be made on the subject. To that end, the Board has the power of the Zoning Enforcement Officer of whom the appeal is made, subject to the limitations of this Article.

(b)

Any absent member of the Board who certifies that he or she has read the transcript of the proceedings before the Board may vote upon any question before the Board. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Enforcement Officer, to grant a variance from the terms of this Chapter or to decide in favor of the applicant on any matter upon which the Board is required to issue a decision under this Article.

(c)

The Board shall state in writing the reasons for its decisions and findings and for granting requests for variances. Said written decision shall include the following findings:

(1)

That the requirements of Section 16-3-240 above have been met by the applicant for a variance;

(2)

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

(3)

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

(d)

In granting any variance, the Board may prescribe appropriate conditions and safeguards to preserve the spirit and intent of this Chapter. Violation of such conditions and safeguards as are made a part of the terms under which the variance is granted shall be deemed a violation of this Chapter and shall be punishable by the penalties specified in Article 2 of this Chapter.

(Prior Zoning Code, § 13-8)

(a)

A decision in favor of an applicant shall be construed as an order to the Zoning Enforcement Officer to carry out such action, subject to any conditions by the Board.

(b)

The decision of the Board shall become final upon the date action is taken.

(c)

Every decision of the Board shall, however, be subject to review by certiorari. Such appeal may be made by any person aggrieved or by an officer, department, board or bureau of the City. Decisions of the Board must be appealed to a court of competent jurisdiction within a reasonable period of time after such decision is made.

(Prior Zoning Code, § 13-9)

The regulations imposed and the zone districts created at the time of adoption of the initial ordinance codified herein may be amended from time to time in accordance with state statutes. Such amendments may be made whenever the public necessity, health, safety, general welfare and/or good land use planning and zoning practices justify such action. After appropriate review and recommendation by the Planning and Zoning Commission, the City Council may amend this Chapter only after it has held the prescribed public hearing of such amendment.

(Prior Zoning Code, § 15-1)

(a)

For the purpose of establishing and maintaining sound, stable and desirable development within the City, the rezoning of land is allowed only under certain circumstances as provided hereafter. Any proposed amendment to this Chapter, including those initiated by the City, shall be referred to the City Clerk who, in turn, shall refer the proposed amendment to the Planning and Zoning Commission for its review and report thereon. In filing for an amendment to this Chapter, the petitioner must bear the burden of proof in demonstrating that revision of the zoning map is both necessary and desirable and that the proposed zoning revision will not have an adverse impact on existing land use inside the City.

(b)

Rezoning shall only be allowed if the applicant demonstrates by clear and convincing evidence that rezoning is necessary because of one or more of the following reasons:

(1)

The land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the Comprehensive Plan.

(2)

The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area or a new approach to development.

(3)

The proposed rezoning is necessary in order to provide land for a community-related use which was not anticipated at the time of the adoption of the Comprehensive Plan, and such rezoning will be consistent with the policies and goals of the Comprehensive Plan.

(4)

The area for which rezoning is requested has unusual and particular suitability to a certain use not permitted under its present zoning classification.

This declaration of standards for rezoning shall not control a rezoning which occurs incidental to a comprehensive revision of the City's zoning map.

(Prior Zoning Code, § 15-3)

(a)

No amendment to the Official Zoning Map shall be made that would create or allow to remain a zoned area of less than the following gross areas for the following districts:

(b)

Any area that is currently zoned for residential use shall not be rezoned to industrial use unless the rezoning encompasses whole undivided blocks and the property rights, peace and tranquility of adjacent residential districts, if such districts exist, can be preserved.

(Prior Zoning Code, § 15-3)

Petitions for the amendment of zoning district boundaries (rezoning petitions) shall be submitted on application forms prescribed by the Planning and Zoning Commission at least ten days prior to the scheduled date of Planning and Zoning Commission review. The data submitted shall include the following:

(1)

The full name and address of the applicant.

(2)

A certified survey and legal description by a registered land surveyor or professional engineer of the property in question.

(3)

The existing and requested zoning classifications.

(4)

The acreage of the entire tract for which rezoning is requested to the nearest one-tenth acre, or the square footage if such tract is under one acre, and the percent of the total area to be devoted to streets and other types of uses.

(5)

Floodplain delineation in the vicinity of rivers and other watercourses.

(6)

A sketch map drawn at a scale range of 1" = 40' to 1" = 400', showing the boundaries of the area requested to be rezoned, along with an indication of the existing zoning on all adjacent property. The sketch will show the direction of true north, the location of important natural and manmade features, including watercourses, the location of major utility systems and the various existing uses of property enclosed within and adjacent to the proposed new zone.

(7)

A list of property owners within the proposed area for rezoning and also within 300 feet of the subject area.

(8)

A statement explaining how the land is to be used and how proposed rezoning compares with the general plan of the City for the area; if the proposed rezoning is in conflict with the general plan, explain how the rezoning would better serve the public interest than would the land use called for in the general plan.

(9)

A statement explaining how the rezoning would affect surrounding properties and whether or not the land uses permitted by the rezoning would adversely affect surrounding properties.

(10)

Clear and convincing evidence that rezoning is necessary and in the public interest (see Section 16-3-330 above).

(11)

A camera-ready copy of the public notice advising the public of a public hearing on the proposed rezoning.

(12)

A nonrefundable base fee as specified in Appendix A to this Code shall be paid to the City upon an application for a zoning map amendment for any property within the City, or upon a request to change the text of this Chapter, unless such application has been initiated by the Planning and Zoning Commission or City Council, in which case the fee shall be waived. In addition, the applicant for a zoning map or text amendment shall be responsible for any costs incurred by the City over the initial base fee, up to a maximum total fee as set out in Appendix A of this Code, to reimburse the City for additional costs associated with attorneys or other consultants necessary to review the application in a full and complete manner and make recommendations to the City.

(13)

When, in the opinion of the Planning and Zoning Commission, a petition for rezoning is submitted which anticipates considerable new development activity and/or a significant variation from the current Comprehensive Plan, the following additional information will be required of the applicant:

a.

Anticipated population, social characteristics and estimated probable needs for the following:

1.

Water requirements (gallons per day).

2.

Sewage disposal and proposed method.

3.

Solid waste disposal.

4.

Community facilities and open space.

b.

Anticipated development goals, including:

1.

Estimated development costs of public improvements.

2.

Tentative scheduling.

3.

Proposed maintenance and performance guarantees.

c.

Evidence of availability of public water and sewer facilities. Such evidence shall be in the form of a written commitment by a municipal or quasi-municipal agency stating that such service will be available to the property. A private sewer system may be allowed, however, if approved by the Planning and Zoning Commission. In the event of a private sewer system, a written engineering report describing the proposed system shall be submitted for evaluation along with an approved site application from the Colorado Department of Public Health and Environment.

d.

A site plan showing the location of structures, number of dwelling units per structure, existing contours at an interval of two feet, location of open space to be retained, location of off-street parking spaces, location of common areas and their proposed usage, existing and proposed ingress to and egress from the property, and proposed internal circulation system, if any, and its relation to adjacent circulation systems.

e.

A market analysis, impact statement or comparable study which clearly demonstrates the need and demand for the proposed use and which evaluates the effects of the proposed development on the community, including costs and benefits to be expected in the public sector.

(Prior Zoning Code, § 15-4; Ord. No. 939, § A, 1-22-2002)

Proposed amendments to the zoning map shall be reviewed for the following:

(1)

Whether the proposed rezoning would be a logical extension of a zoning boundary and whether it would improve the pattern of land development in the area and conform to the Comprehensive Plan.

(2)

Whether the proposed rezoning is a spot zoning generally unrelated to either existing or adjacent zoning or the pattern of development of the area or contrary to the intent of the Comprehensive Plan.

(3)

Whether granting the request would extend to the applicant's development rights denied to others in the same area.

(4)

Whether the proposed use would bring about increased traffic on minor streets, causing congestion, traffic hazards and noise, or create substantial adverse effects for legally established neighboring uses.

(5)

Whether the proposed rezoning would permit uses which would overload both existing public facilities and those proposed in the Comprehensive Plan.

(6)

Whether the property as presently zoned is inconsistent with the goals and policies, is not zoned in the public interest and the Comprehensive Plan or is therefore zoned in error.

(a)

The Planning and Zoning Commission shall review all proposed amendments and shall subsequently submit a written report and recommendation on the same to the City Council.

(b)

Prior to submitting the report and recommendation on the proposed amendment to the City Council, the Planning and Zoning Commission shall first conduct a public meeting for the purpose of hearing public comment on the proposed amendment. This meeting can be held in conjunction with a regularly scheduled meeting of the Planning and Zoning Commission. Requirements for public notice and newspaper publication of the public meeting shall be as specified by the Planning and Zoning Commission.

(c)

The Planning and Zoning Commission shall, at the public meeting, hear comments and testimony of parties in interest and citizens on the proposed amendment in order to best determine the public interest in the matter and thus reflect it in its report and recommendation to the City Council.

(d)

The recommendations of the Planning and Zoning Commission to the City Council on the disposition of a rezoning request must be in the form of a resolution.

(Prior Zoning Code, § 15-5)

(a)

After receiving the report and recommendation of the Planning and Zoning Commission, the City Council shall hold a public hearing on the matter before acting on the proposed amendment.

(1)

It is the responsibility of the petitioner to publish public notice of the scheduled public hearing in a newspaper of general circulation in the City at least once and not less than 15 days or more than 45 days prior to the scheduled date of the hearing. Prior to publication, the petitioner must have the public notice approved by the Planning and Zoning Commission for content.

(2)

In addition to the published notice, if the proposed amendment is to amend the zoning map, the petitioner shall notify the owners of land immediately adjoining the area affected by the proposed zoning map amendment of the proposed revision and hearing on such by first-class mail at least 15 days prior to the scheduled date for hearing.

(3)

In addition to the above, the Planning and Zoning Commission may require the petitioner to post the property in question with signs informing the public of the scheduled hearing. Said signs, if required, shall notify the general public of the date, time, place and purpose of the meeting and shall include the present and requested zoning of the property in question.

(4)

At the public hearing, the City Council shall provide opportunity for parties in interest and citizens to be heard. The question before the City Council shall be whether the recommendations of the Planning and Zoning Commission should be approved.

(b)

After the public hearing, but not later than 60 days after receipt of the Planning and Zoning Commission's report and recommendation, the City Council shall act to either adopt or deny the proposed amendment.

(c)

In case of a protest against a proposed changes in a zone district applicable to particular land, which protest is filed with the office of the City Clerk at least 24 hours prior to the governing body's vote on the change and is signed by the owners of 20 percent or more of the area of land which is subject to the proposed change or 20 percent or more of the area of land extending a radius of 100 feet from the land which is subject to the proposed change, disregarding intervening public streets and alleys, such changes shall not become effective except by the favorable vote of two-thirds of all the members of the City Council.

(Prior Zoning Code, § 15-6; Ord. No. 1164, § 1, 12-21-2021)

(a)

After holding the required hearing and denying a rezoning request, the City Council cannot reconsider the request without another notice and hearing.

(b)

In the event the proposed amendment is denied by the City Council, no new request for the same or substantially same amendment shall be accepted by the Planning and Zoning Commission for a period of six months from the date of such denial.

(Prior Zoning Code, § 15-8)

(a)

Within the districts established by this Chapter, there exist lots, structures, uses of land and structures and characteristics of use which were lawful before the initial ordinance codified herein was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Chapter or future amendments. It is the intent of this Article to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Article to be incompatible with permitted uses in the districts involved. It is further the intent of this Article that nonconformities shall not be enlarged upon, expanded or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(b)

A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after passage of the initial ordinance codified herein by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally within the district involved.

(c)

To avoid undue hardship, nothing in this Article shall be deemed to require a change in plans, new construction or designated use of any building or structure for which a valid permit has been lawfully issued prior to the effective date of adoption or amendment of the initial ordinance codified herein. If actual construction has not commenced, or if the building permit has been allowed to expire through non-use, then all plans, new construction or designated use shall be in accordance with the provisions of this Chapter.

(Prior Zoning Code, § 10-1)

(a)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Chapter, a single-family dwelling and customary accessory buildings may be erected on any single nonconforming lot of record, provided that the lot has access to public water and sewer. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions, minimum floor area and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.

(b)

If two or more lots, combinations of lots or portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the initial ordinance codified herein, and if all or part of the lots do not meet the requirements for lot width and area as established by this Chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this Chapter and no portion of said parcel shall be used, occupied or sold in a manner which diminishes compliance with lot width and area requirements established by this Chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirement stated in this Chapter.

(Prior Zoning Code, § 10-2)

Where a lawful structure exists at the effective date of adoption of the initial ordinance codified herein that could not be built under the terms of this Chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure may be enlarged or altered in a manner which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost, exclusive of the foundation at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Chapter.

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Prior Zoning Code, § 10-3)

When, at the effective date of adoption or amendment of the initial ordinance codified herein, lawful use of land exists which is no longer permissible under the terms of this Chapter, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land or volume of space than was occupied at said effective date.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at said effective date.

(3)

If such nonconforming use of land ceases for any reason for a period more than six months, any subsequent use of such land shall conform to the regulations specified by this Chapter for the district the land is in.

(Prior Zoning Code, § 10-4)

If a lawful use of a structure, or of a structure and land in combination, exists at the effective date of adoption of the initial ordinance codified herein that would not be allowed in the district under the terms of this Chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except toward changing the use of the structure to a use permitted in the district in which it is located.

(2)

Any nonconforming use may be extended throughout any parts of any building which were manifestly arranged or designed for such use and which existed at the time of adoption or amendment of the initial ordinance codified herein, but no such use shall be extended to occupy any land outside such building.

(3)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

(4)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a special exception be changed to another nonconforming use, provided that the Board of Zoning Adjustment, either by general rule or by making findings in a specific case, finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Zoning Adjustment may require appropriate conditions and safeguards in accord with the provisions of this Chapter.

(Prior Zoning Code, § 10-5)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or replacement of bearing walls, fixtures, wiring or plumbing to an extent not exceeding 50 percent of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of the initial ordinance codified herein shall not be increased.

(1)

Nothing in this Article shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official; except that, if a building has been officially condemned, it may not be restored under this provision.

(2)

Nothing in this Article shall be deemed to prevent any structural alteration that would reduce the degree of nonconformance or change the use to a conforming use.

(Prior Zoning Code, § 10-6)

Any use for which a special use permit is granted as provided in this Chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.

(Prior Zoning Code, § 10-7)

The following uses that are nonconforming to the district in which they are located are hereby declared to be a public nuisance and detrimental to the health, safety and welfare of the City; therefore, the adverse effects of these uses shall be mitigated according to the provisions below:

(1)

Junk yards.

a.

Junk yards, as defined in this Chapter, which are located in any zoning district but which at the time of enactment of the initial ordinance codified herein are not enclosed by a solid eight-foot fence, either must be removed or enclosed by such fence within three years from the effective date of said ordinance.

b.

A solid fence, for the purpose of this Chapter, must provide an effective visual screening of the junk storage area at any point outside the property in which such use is located. This screening may consist of wooden fencing, slat fencing, stone or brick wall, closely planted landscape materials or other appropriate visual barriers. If natural vegetation is utilized, it shall consist of plants at least 30 inches in height when planted, and maintained in a healthy condition to provide maximum opacity to a height of eight feet above ground.

(2)

Signs. Any sign which has become obsolete because of discontinuance of the business, service or activity which it advertises shall be removed within six months from the effective date of such discontinuance.

(Prior Zoning Code, § 10-9; Ord. No. 713, § 3, 3-20-1979)