No application shall be processed until the established fee has been paid. This non-refundable fee shall be established from time-to-time by the city council to defray the actual cost of processing the application and providing public notice.

No application fee shall be required when a text or map amendment is being proposed by the city administrator, city council or planning commission.

Notice of required public hearings shall also be sent by mail to owners of real property within at least 200 feet of the lot lines of the land that is the subject of the application. Owners of real property shall be identified by reference to the most recent tax records. Notice shall be deemed mailed by virtue of its deposit with the United States Postal Service, properly addressed with postage prepaid.

Mailed notice shall be deposited in the U.S. mail before the 10th day before the planning commission or zoning board of adjustment public hearing.

The general location of the land that is the subject of the application;

A summary of the subject property's legal description or a street address or other locative information;

The substance of the application;

The time, date and location of the public hearing;

A contact person at the city and their telephone number; and

A statement that interested parties may appear at the public hearing and be heard with respect to the application.

Once a public hearing has been scheduled in accordance with this section, the applicant may request postponement or withdrawal of the application by notifying the city administrator in writing. If the city administrator does not receive such notification, the case will be heard as scheduled. The appropriate municipal board, commission or council is then authorized to take action on the case, after the scheduled hearing.

After public hearing on any matter within the scope of this chapter, the appropriate municipal board, commission or council hearing such matter may defer action on it, for a period of time necessary to gather additional information.

If an applicant withdraws an application for any of the following matters, such application shall not be heard within one year thereafter, except as specifically directed by majority vote of the city council:

The planning commission is specifically directed by majority vote of the city council to hear the subsequent request; or

The subsequent request is for more restrictive zoning; or

The zoning classification of other nearby properties in the immediate vicinity has changed.

Administrative adjustments are specified deviations from otherwise applicable development standards where development is proposed that would be (1) compatible with surrounding land uses; (2) in keeping with the public interest and (3) consistent with the purposes of this chapter.

Allow an increase in the floor area of a residential accessory building above 50 percent of the total square footage of the principal structure, as long as the maximum floor area ratio for the district is not exceeded.

Allow a delay in the provision of paved surface for off-street parking spaces required under the terms of this chapter, for a period of time up to 90 days, provided that only one such delay shall be allowed.

Authorize the construction of a carport in the minimum front or side yard required for one-family or two-family homes, subject to the findings, criteria and general considerations set forth in section 14.05.013.

Authorize a variance of up to 10 percent from the numerical standard set forth in article 14.04 or 14.05 with the exception of setbacks in section 14.05.001, Residential district regulations, for lots zoned R1.

Allow an all-weather surface to be substituted for the requirement to pave the minimum off-street parking spaces required for single-family residences, where the city administrator makes a finding that the character of the surrounding area is principally recreational or rustic in nature, with relatively narrow roadways not bordered by curbs and generally uncharacteristic of urban streets.

Based on the size and shape of a residential lot, allow front setbacks of at least fifteen feet for a garage on lots located on a cul-de-sac street.

That granting the administrative adjustment will ensure the same general level of land use compatibility as the otherwise applicable standards.

That granting the administrative adjustment will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks and other environmental considerations.

That granting the administrative adjustment will not adversely affect value of nearby property in any material way.

That granting the administrative adjustment will be generally consistent with the purposes and intent of this chapter.

Appeals of written interpretations made by the city administrator shall be taken to the zoning board of adjustment within 15 days of mailing of the interpretation, in accordance with the procedures in section 14.02.010.

In considering such an appeal, the zoning board of adjustment shall review the interpretation and public testimony in light of the comprehensive plan, this chapter and the official zoning map, and any other land use policies adopted by the planning commission or city council, whichever are applicable.

The zoning board of adjustment shall affirm, modify or reverse the decision of the city administrator in interpreting the provisions of this chapter and the official zoning map. The zoning board of adjustment shall modify or reject the interpretation only if it is not supported by substantial competent evidence or if the interpretation is deemed contrary to the intent and purpose of the comprehensive plan, this chapter or the official zoning map.

A variance may be granted where special circumstances exist on the property related to the size, shape, area, topography, surrounding conditions or location that do not generally apply to other property in the same zoning district, and that the circumstances are such that strict application of this chapter would create an unnecessary hardship or deprive the applicant of reasonable use of the land or building.

A variance may be granted if it will further an overriding public interest or concern, including, but not limited to:

A variance may be granted to permit modifications of height or setback regulations as may be needed to secure equity in the development of a parcel of land where it has been demonstrated that, due to the existence of legally nonconforming structures, a substantial proportion of the other properties in the same area and zoning district are legally enjoying the conditions that the applicant is requesting.

A variance may be granted if it is found that the literal enforcement and strict application of this chapter will result in extraordinary circumstances inconsistent with the general provisions and intent of this chapter, and that, in granting the variance, the spirit of the ordinance will be preserved and substantial justice done.

The effect of the variance on the specific property would adversely affect the land use pattern as outlined by any city land use plan or policy.

The variance would be a material detriment to the public welfare or create injury to the use, enjoyment or value of property in the vicinity.

The variance is not the minimum variance that will relieve the proven hardship.

The variance would allow a use not allowed in the use table for the district in which the parcel is located.

The variance will relieve the applicant of conditions or circumstances that are caused by the illegal subdivision of land, which subdivision of land caused the property to be unusable for any reasonable development under the existing regulations.

The variance will relieve the applicant of conditions or circumstances that are self-imposed.

The variance is grounded solely upon the opportunity to make the property more profitable or to reduce expense to the owner.

The variance will modify any condition imposed by the planning commission or city council as part of a conditional use, special use, Planned Development District or Planned Industrial Park.

The variance would not only affect a specific parcel, but would be of such general nature as to constitute, in effect, a change in zoning of the parcel or a larger area, or would merit an amendment to this chapter.

Special circumstances exist that are peculiar to the land or structure that are not applicable to other land or structures in the same zoning district and are not merely financial.

These special circumstances are not the result of the actions of the applicant.

Literal interpretation and enforcement of the terms and provisions of this chapter would deprive the applicant of rights commonly enjoyed by other land in the same zoning district, and would cause an unnecessary and undue hardship.

Granting the variance is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest, and would carry out the spirit of this chapter and substantial justice.

Granting the variance will not adversely affect adjacent land in a material way.

Granting the variance will be generally consistent with the purposes and intent of this chapter.

In the case of community homes, granting a variance as to the number of persons who may live in a community home constitutes a reasonable accommodation as required by the Americans with Disabilities Act.

Issuance of a variance shall authorize only the particular variation which is approved in the variance. A variance shall run with the land.

Unless otherwise specified in the variance, an application to commence construction of the improvements that were the subject of the variance request must be applied for and approved within 12 months of the date of the approval of the variance; otherwise, the variance shall automatically become null and void. Permitted time frames do not change with successive owners. Upon written request, only one extension of the 12-month period may be granted by the city administrator if it is determined that conditions of the site and immediately surrounding area are substantially unchanged.

The Planning and Zoning Commission shall, after appropriate notice, conduct a public hearing on each request for approval of a specific use.

At the public hearing, the Planning and Zoning Commission shall consider the application, any pertinent comments by the city staff, and relevant support materials and public testimony given at the public hearing.

After the close of the public hearing, the Planning and Zoning Commission shall recommend that the city council approve the request, approve the request with additional conditions, or deny the request. The Planning and Zoning Commission may propose such conditions as are necessary to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to, limitations on size, bulk and location, provision of adequate ingress and egress, duration of specific use approval, and hours of operation for the specific use so allowed.

A recommendation by the Planning and Zoning Commission to deny a request for specific use shall be the final decision on that matter, if not appealed in writing to the city council with ten (10) days.

The City Council shall, after appropriate notice and a recommendation from the Planning and Zoning Commission, conduct a public hearing on each request for approval of a specific use, except for such requests which are recommended by the Planning and Zoning Commission to be denied and are not formally appealed to City Council.

At the public hearing, the City Council shall consider the application, any pertinent comments by city staff, the Planning and Zoning Commission recommendation, other relevant support materials and public testimony given at the public hearing.

After the close of the public hearing, the City Council shall approve the request, approve the request with additional conditions, or deny the request. The council may attach such conditions to a specific use approval as are necessary to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to: limitations on size, bulk and location, provision of adequate ingress and egress, duration of specific use approval, and hours of operation of the specific use.

Where written protest against a proposed specific use is made and signed by (A) the owners of 20 percent or more of the area subject to the specific use; or (B) the owners of 20 percent or more of the land area within 200 feet of the affected area, then the proposed specific use shall require a favorable vote of at least three-fourths of all the members of the City Council to become effective. The area of rights-of-way and streets shall be included in any computation of land area under this subsection.

Whether and the extent to which the proposed specific use creates adverse effects, including adverse visual impacts, on adjacent properties.

Whether and the extent to which the proposed specific use would conflict with any portion of this chapter, including the applicable zoning district intent statement.

Whether and the extent to which the proposed specific use is compatible with existing and anticipated uses surrounding the subject land.

Whether and the extent to which the proposed specific use would result in significant adverse impacts on the natural environment, including but not limited to, adverse impacts on water and air quality, noise, stormwater management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.

Whether and the extent to which the proposed specific use addresses a demonstrated community need.

Whether and the extent to which the proposed specific use would result in a logical and orderly pattern of urban development in the community.

All specific use approvals issued shall be subject to the requirement that the property for which the approval was issued must actually acquire a building permit for the approved use within 12 months from the granting of the specific use approval, provided that the City Manager, with significant evidence that the designated use cannot be realistically implemented with due diligence within that time period, may grant a longer period of time, but in no event shall such extension period exceed an additional 12 months.

If the designated use is not made of the property within the time limitation granted, the specific use approval shall be cancelled and revoked and be of no effect.

A prospective applicant for a PD District is encouraged to request a pre-application conference with the city administrator prior to submission of a formal application.

At the pre-application conference, the applicant shall present a draft concept plan in order for the staff to better assist the developer and ensure timely processing of the application.

Based on the information provided by the applicant, the city administrator or a designee shall provide preliminary comments concerning the proposed development and shall inform the applicant of any additional requirements for preparation of a formal application for rezoning to the PD District.

A complete application for review of a PD District shall be submitted to the city administrator on a form prescribed by the city administrator, along with the appropriate fee.

The applicant shall submit a concept plan and a rezoning application, as well as any proposed covenants and restrictions governing the operation of any proposed common open space or facilities. The concept plan shall include at least a graphic element that illustrates those details of the proposed planned development that are appropriate for the application. The concept plan may also be accompanied by written text describing appropriate details of the proposed planned development.

The applicant may also submit an initial site plan of actual building construction and other such improvements planned on the subject property.

A subdivision plat meeting the submittal requirements of the city's subdivision ordinance may also be submitted. An applicant for a single-family detached residential development may submit a final subdivision plat in lieu of a site plan for the first phase or phases of the project for approval in conjunction with adoption of the PD District.

The planning commission shall, after appropriate notice, conduct a public hearing on each request for rezoning to the PD District.

At the public hearing, the planning commission shall consider the application, the comments and recommendations of city staff, other relevant support materials and public testimony given at the public hearing.

After the close of the public hearing, the planning commission shall prepare and deliver a report and recommendation to the city council to approve or deny the proposed PD District. The planning commission may recommend conditions necessary to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to: limitations on size, bulk and location, provision of adequate ingress and egress, and hours of operation. A recommendation by the planning commission to deny a request for a proposed PD District shall be the final decision on the matter, if not appealed in writing to the city council within ten (10) days.

The commission may simultaneously make its required findings on any final plat submitted by the applicant, in accordance with the standards set forth in the city's subdivision ordinance.

After receipt of the final report from the planning commission, and after appropriate notice, a public hearing shall be held by the city council before adopting any proposed PD District, except for such requests which are recommended by the planning commission to be denied and are not formally appealed to city council.

At the public hearing, the city council shall consider the application, the comments and recommendations of city staff, the planning commission recommendation, other relevant support materials and public testimony given at the public hearing.

After the close of the public hearing, the city council shall approve, approve with conditions, or deny the application. The council may require such conditions relating to the height, floor area, density, setback, landscaping, off-street/on-site parking and all other applicable standards as are necessary to ensure the health, safety and general welfare of the community.

The city council, upon consideration of the findings by the planning commission regarding plat approval, and if city council approval is necessary, may approve a subdivision plat submitted by the applicant, which meets the standards set forth in the city's subdivision ordinance, concurrently with approval of the specific PD District ordinance.

If the applicant has included an initial site plan of actual building construction and/or other such improvements planned on the subject property, the council shall take action on such request, if city council approval is necessary as provided in this section.

Where written protest against a proposed PD District is made and signed by (a) the owners of 20 percent or more of the area subject to the PD District ordinance or (b) the owners of 20 percent or more of the land area within 200 feet of the affected area, then the proposed PD District shall require a favorable vote of at least three-fourths of all the members of the city council to become effective. The area of rights-of-way and streets shall be included in any computation of land area under this subsection.

No building permit may be issued and no construction or development requiring a building permit and situated within a PD District may commence unless a site plan has been approved for that phase of the project that is consistent with the approved concept plan. A site plan that is not consistent with the approved concept plan and specific PD District ordinance shall not be approved.

Upon approval of a PD District, the applicant may submit a site plan to the city administrator for each phase of the development in accordance with the phasing schedule of the concept plan.

The site plan is for the development of a use or uses allowed by the approved PD District ordinance specific to the subject site, and is not for the purpose of designating the allowable land uses on a particular tract or tracts, and meets the intent of the approved concept plan; or

The site plan represents a minor change from the approved site plan; or

The purpose of the site plan is to allow the expansion of an existing building, if the proposed expansion is consistent with the overall PD District conditions for that existing building, and if the proposed expansion meets all the requirements of the applicable PD District ordinance; and

The site plan meets all requirements of other applicable city ordinances.

The site plan for the first phase of a planned development may be considered and approved by the city council simultaneously with approval of the PD District ordinance incorporating the concept plan.

For site plans which cannot be approved administratively by the city administrator as described above, the city administrator shall forward the site plan to the planning commission, which shall review the site plan and either approve, approve with conditions, or deny the site plan based on the criteria set forth below.

For developments consisting solely of single-family detached residential uses, a final plat may serve as the required site plan.

Safety of vehicular and pedestrian movements for the facility and area surrounding the site;

Safety from fire hazards and required means of fire control;

Protection from flooding and water damage;

Noise and lighting glare, and effect of such on adjacent neighborhoods;

Relation of signs to traffic control and effect on adjacent properties;

Adequacy of off-street parking and loading facilities;

Appropriateness of ingress and egress points for access, parking and loading, including existing and proposed ingress/egress/access easements and internal circulation, and protection of the public health by appropriate surfacing of all parking areas to control dust;

Appropriate placement of landscaping and screening;

Site coverage by structures and other improvements, and resulting impacts;

Location of structures and other improvements relative to appropriate setbacks, height limitations, maintenance of views and sight lines, as well as other aesthetic considerations; and

Such other measures as might secure and protect the public health, safety, and general welfare.

Any minor site plan that is denied by the city administrator may be appealed by the applicant to the planning commission within 10 days of the final action in accordance with the procedures in section 14.02.010.

Any major site plan that is denied by the planning commission may be appealed by the applicant to the city council within 15 days of the final action in accordance with the procedures in section 14.02.010.

An application for amendment of the text of this chapter may be filed by the city administrator, planning commission or city council. Any citizen may petition the planning commission, as-a-whole, to initiate an application for amendment to the text of this chapter.

An application for an amendment of the official zoning map (including any amendment required by other procedures in this article) shall only be filed by the following persons:

The planning commission shall, after required notice, conduct a public hearing on each request for an amendment of the official zoning map. Any citizen may petition the planning commission, as-a-whole, to initiate an application for amendment to the text of this chapter. The planning commission shall then have the prerogative of deciding whether to conduct a hearing on any such proposed amendment. If a hearing on a proposed text amendment is not scheduled in advance by the city administrator, the planning commission may resolve to schedule such a hearing. Regardless of whether a hearing is scheduled by the city administrator or by resolution of the commission, no hearing on a proposed text amendment shall be conducted until after required notice.

At the public hearing, the planning commission shall consider the application, comments and recommendations of city staff, other relevant support materials and public testimony given at the public hearing.

After the close of the public hearing, the planning commission shall recommend that the city council approve, approve with modifications, or deny the proposed amendment based on the criteria in subsection (f) below.

A recommendation by the planning commission to deny a request for amendment of the official zoning map shall be the final decision on the matter, if not appealed in writing to the city council within ten (10) days.

A tie vote by the planning commission on any proposed amendment to the official zoning map or the text of this chapter shall be forwarded without recommendation to the city council.

After receipt of the recommendation from the planning commission, and after appropriate notice, the city council shall conduct a public hearing on each proposed change, except for requests to amend the official zoning map which are recommended by the planning commission to be denied and are not formally appealed to city council.

At the public hearing, the city council shall consider the application, comments and recommendations by city staff, the planning commission recommendation, other relevant support materials and public testimony given at the public hearing.

The city council may approve, approve with modifications, or deny the proposed amendment.

Where written protest against such amendment is made and signed by (a) the owners of 20 percent or more of the area subject to the zone change or (b) the owners of 20 percent or more of the area within 200 feet of the affected area, then the proposed amendment shall require a favorable vote of at least three-fourths of all the members of the city council to become effective. The area of rights-of-way and streets shall be included in any computation of land area under this subsection.

Whether the proposed amendment is compatible with the comprehensive plan and any other land use policies adopted by the planning commission or city council.

Whether and the extent to which the proposed amendment would conflict with any portion of this chapter.

Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.

Whether and the extent to which there are changed conditions that require an amendment.

Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, stormwater management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.

Whether and the extent to which the proposed amendment addresses a demonstrated community need.

Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.

The planning commission shall review appeals from the following decisions.

The city council shall review appeals from the following decisions.

Unless otherwise specified in the subsections above, an appeal that alleges error in a decision or determination made by any administrative official in the routine enforcement of this chapter shall be reviewed by the zoning board of adjustment.

Serve as the secretary and provide technical assistance to the planning commission, and zoning board of adjustment on regulations in this chapter;

Render administrative adjustments to development standards;

Render written interpretations of the map and text of this chapter;

Render administrative decisions on urban design review, minor site plans for or amendments thereto in any PD District;

Perform such other functions and duties as authorized in the city's ordinances and as may be duly delegated by the city administrator; and

Initiate amendments to the map and text of this chapter.

Review and recommend to the city council changes to the text of this chapter, changes to the official zoning map (including designation of PD Districts), and approval of special uses;

Hear and decide appeals from decisions of the city administrator in regard to minor site plans for development in any PD District;

Render decisions on conditional uses and major site plans or amendments thereto in any PD District; and

Perform such other functions and duties as authorized in the city's Code of Ordinances and as may be duly delegated to them by the city council.

Take final action on changes to the text of this chapter, changes to the official zoning map (including designation of PD Districts) and approval of special uses;

Hear and decide appeals from decisions of the planning commission in regard to conditional uses and major site plans for or amendments thereto in any PD District; and [sic]

Hear and decide appeals that allege error in a decision or determination made by any administrative official in the routine enforcement of this chapter;

Hear and decide appeals of any administrative adjustment by the city administrator;

Hear and decide requests for variances from the terms of this chapter.