A.   Review Process: The process of reviewing private and public land use proposals is the method used by the town to:

      1.   Ensure the public health, safety, and welfare of town residents; and

      2.   Evaluate the consistency of proposed land use with the community land use plan and related development concepts contained in the master plan.

   B.   Issues Considered And Evaluated: The development review process will generally involve the town's consideration and evaluation of at least the following issues:

      1.   Consistency of proposed land uses and densities with the community land use plan and development concepts outlined in the master plan.

      2.   Consistency of proposed land uses to permitted uses, minimum lot sizes, densities, and accessory uses outlined in this title.

      3.   Potential project stipulations for a land use plan amendment, zone change, or variance that may be required to ensure the compatibility of the project with adjacent land uses and protect the health, safety and welfare of the general public.

      4.   Long term operation and maintenance of multi-use residential complexes, community facilities, public facilities, and on site amenities.

      5.   Conformance of proposed buildings and structures to required building setbacks, building heights, and signage limitations outlined in this title.

      6.   Conformance of proposed buildings and structures to building code requirements adopted by the town and outlined in this title.

      7.   Conformance of proposed land use to vehicular parking limitations outlined in this title.

      8.   Connection of primary structures to local utilities.

   C.   Approval And Building Permit Required: No construction, alteration or expansion of any site, building or structure will be made before receiving documented approval for all required land use and building permits from the town. Land use application requirements and building permit requirements are shown in the following two (2) tables: (Ord. 2001-05, 6-11-2001)

   LAND USE PERMIT APPLICATION REQUIREMENTS

   TOWN OF WRIGHT

 

 

(Ord. 2001-05, 6-11-2001; amd. Ord. 2004-03, 3-22-2004)

   BUILDING PERMIT REQUIREMENTS

   TOWN OF WRIGHT

 

 

(Ord. 2001-05, 6-11-2001)

   D.   Documented Approval Of Landowner: All completed land use permit applications, which are submitted to the town, must contain documented approval of the landowner(s) of the subject property prior to the review of the planning and zoning commission and approval by the town council. Decisions concerning applications for land use plan amendments, special use permits, planned unit developments, zone changes, and variances, which are considered by the planning and zoning commission and town council, will be transmitted to applicants in writing. Approvals may contain specific stipulations which modify the original application. Denials of any application will be accompanied with documentation of the rationale used by the town council to make its determination. (Ord. 2001-05, 6-11-2001; amd. 2007 Code)

   E.   Inspections: Any authorized construction activity will be subject to various inspections by the town building inspector, or designated representative, during the construction process.   

   F.   Certificate Of Occupancy: Upon final approval of all construction under municipal building permits, the town building officer will issue a certificate of occupancy to the applicant. (Ord. 2001-05, 6-11-2001)

   A.   Initiation: A proposed amendment to the adopted land use plan contained within the master plan may be initiated by the planning and zoning commission or other residents of the town.

   B.   Land Use Plan Amendment Form: Applicants must complete a land use plan amendment form that will request at least the following information:

      1.   Name, address, telephone number, e-mail address, and fax number of the applicant.

      2.   Proposed changes in land use plan designations.

      3.   Rationale for the proposed land use plan amendment.

      4.   A scaled map illustration depicting the location of the proposed land use amendment.

   C.   Evaluation By Building Officer: The building officer, or his or her authorized representative, will evaluate the merits, disadvantages, and potential impacts of the proposed land use amendment. Subsequently, the building officer will prepare a documented staff report of his or her findings and recommendations to the planning and zoning commission.

   D.   Placement On Commission Agenda: The building officer will, as soon as practical, place the proposed land use amendment upon the agenda of the planning and zoning commission. (Ord. 2001-05, 6-11-2001)

   E.   Public Hearing; Notice; Public Comments: Before the planning and zoning commission reaches any decision, it will hold one public hearing at a public facility within the town. Town residents and the general public will receive at least fifteen (15) days' notice of the public hearing. Public notice will be advertised in one newspaper of general circulation throughout Campbell County, as well as any local publications within the town. Public comments received during the meeting will be documented for subsequent reference during the land use plan amendment process. (Ord. 2001-05, 6-11-2001; amd. Ord. 2004-03, 3-22-2004)

   F.   Commission Recommendation: Upon consideration of a staff report from the building officer and public comment, the planning and zoning commission will make a written recommendation to the town council. The recommendation will state the rationale for its decision, recommended project stipulations, and provide any appropriate maps depicting the proposed land use amendments.

   G.   Town Council Review: The town council will review the staff report from the building officer, public comments, and the recommendation of the planning and zoning commission. In the course of its review, the town council may hold an additional public hearing to provide an expanded opportunity for public comment.

   H.   Approval/Denial: The town council will approve or deny the proposed land use amendment by ordinance.

   I.   Appeal: Any appeal of the decisions by the planning and zoning commission will be made to the board of adjustments in accordance with chapter 8 of this title. (Ord. 2001-05, 6-11-2001)

   A.   Purpose: The purpose of the special use permit is to allow the possibility of some uses other than the listed permitted uses within a zoning district, and shall be reviewed on a case by case basis. The review process provides that, although the use is not generally allowed within a particular zoning district, in certain instances or under certain conditions, the special use may be determined to be essentially compatible with permitted uses of the district and may be acceptable.

   B.   Application: Applications for a special use permit shall be made on a form provided by the building officer that will request at least the following information: (Ord. 2001-05, 6-11-2001)

      1.   Name, address, telephone number, e-mail address and fax number of the applicant. (Ord. 2001-05, 6-11-2001; amd. 2007 Code)

      2.   Affidavit of ownership or permission of the landowner for the special use.

      3.   Legal description and current zoning of the property on which the special use is requested.

      4.   A statement of the special use requested.

      5.   A plot plan of the site and buildings where the special use will occur.

   C.   Review By Building Officer: The building officer, or his or her authorized representative, will make a review of the proposed special use and evaluate the merits, disadvantages, and potential impacts of the proposed special use. Subsequently, the building officer will prepare a documented staff report of his or her findings and recommendations to the planning and zoning commission.

   D.   Placement On Commission Agenda: The building officer will, as soon as practical, place the application for the proposed special use on the agenda of the planning and zoning commission.

   E.   Required Actions By Building Officer: Before any decision is reached by the planning and zoning commission, the building officer will:

      1.   Post a copy of the special use permit application upon the property where the special use is requested. This public notice will be made at least ten (10) days before the planning and zoning commission considers the special use application publicly.

      2.   Provide written notice of the application to all adjoining property owners, as well as the date, time, and place of the planning and zoning commission's consideration of the request. (Ord. 2001-05, 6-11-2001)

   F.   Commission Action: Upon consideration of the staff report from the building officer and public comments made during a scheduled public hearing of the special use permit, the planning and zoning commission will make its decision concerning the special use permit application. Any affirmative decision may contain specific stipulations or conditions which may modify the specific special use request. (Ord. 2004-07, 6-14-2004)

   G.   Considerations For Approval: In determining whether to approve or deny the requested special use, the planning and zoning commission will use and address the following considerations. No special use permit will be approved unless the planning and zoning commission finds that all the following conditions will exist:

      1.   The requested special use will not materially endanger the public health or safety if located where proposed.

      2.   The requested special use will not substantially injure the value of adjoining property, or the use is a public necessity.

      3.   The requested special use will otherwise comply with all regulations and standards applicable within the district.

      4.   The character of the requested special use will be in harmony with the area in which it is located.

      5.    The character of the requested special use will be consistent with the master land use plan.

   H.   Notice Of Action: A notice of action of the planning and zoning commission will be prepared by the building officer and transmitted to the applicant. The notice of action will state the rationale for approval or disapproval, and outline any required stipulations or conditions to any approved special use permit.

   I.   Term Of Permit: The special use for which the permit was issued must commence within one hundred eighty (180) days of the date of issuance or the permit shall lapse. Once the permitted special use has begun, the permit shall remain in force until the cessation of the special use. If the special use is ceased for a period longer than ninety (90) days, the permit shall lapse. Lapsed permits cannot be renewed, but a new permit may be issued after a new application and review process. (Ord. 2004-03, 3-22-2004)

   A.   Purpose: The purpose of the planned unit development process is to:

      1.   Permit and encourage the creative design of new residential areas that will vary from residential subdivisions of standard lot sizes and standard street systems; and

      2.   Permit the creative design of new residential buildings, open space areas, vehicular, bicycle, and pedestrian access, landscaping, as well as vehicular parking 1 which may vary, in part, from subdivision regulations and development standards of the town. (Ord. 2001-05, 6-11-2001)

   B.   Who May Apply: Owners and/or prospective developers of any lots or parcels, may make application for a planned unit development in the R-1, R-2, R-3, R-4 and TH districts. If approved, owners will gain somewhat greater flexibility in site design and development in exchange for a more detailed site and building plan review. (Ord. 2001-05, 6-11-2001; amd. Ord. 2005-04, 5-23-2005)

   C.   Application Form: Applicants must complete a planned unit development application form that will request at least the following information:

      1.   Name, address, telephone number, e-mail address, and fax number of the applicant.

      2.   When the applicant is not the landowner, the applicant will furnish a written letter from the landowner which authorizes the application and endorses the proposed project.

      3.   Name, address, and telephone number of the person or company responsible for preparation of the conceptual site plan which supports the application.

      4.   Legal description and total land area of the lands incorporated into the proposed planned unit development.

   D.   Additional Information: Applicants will also provide the following additional information, which will supplement a completed application form:

      1.   Location map of project site and properties immediately adjacent to the proposed planned unit development.

      2.   A scaled illustration of the existing properties within the proposed planned unit development site. This illustration will locate all existing utility systems, easements, roads and streets, drainage areas and facilities, existing zoning, existing buildings, and topography (contour lines with a minimum of 5 foot intervals).

      3.   A conceptual site plan of the proposed land use development concept.

      4.   A schedule for the proposed development project.

      5.   A project narrative describing proposed land uses, proposed site design and construction criteria, as well as any proposed covenants and restrictions of record.

   E.   Review By Building Officer: The building officer, or his or her authorized representative, will make a detailed plan review of the proposed development project and evaluate the merits, disadvantages, and potential impacts of the proposed planned unit development. Subsequently, the building officer will prepare a documented staff report of his or her findings and recommendations to the planning and zoning commission.

   F.   Placement On Commission Agenda: The building officer will, as soon as practical, place the proposed planned unit development on the agenda of the planning and zoning commission. (Ord. 2001-05, 6-11-2001)

   G.   Public Hearing; Notice; Public Comments: Before the planning and zoning commission reaches any decision, it will hold one public hearing at a public facility within the town. This public notice will be made at least fifteen (15) days before the planning and zoning commission considers the zone change publicly. Public notice will be advertised in one newspaper of general circulation throughout Campbell County, as well as any local publications within the town. Public comments received during the meeting will be documented for subsequent reference during the planned unit development process. (Ord. 2001-05, 6-11-2001; amd. Ord. 2004-03, 3-22-2004)

   H.   Commission Recommendation: Upon consideration of a staff report from the building officer and public comment, the planning and zoning commission will make a written recommendation to the town council. The recommendation will state the rationale for its decision, recommended project stipulations, and provide any appropriate maps depicting the proposed planned unit development.

   I.   Council Review: The town council will review the staff report from the building officer, public comments, and the recommendation of the planning and zoning commission. In the course of its review, the town council may hold an additional public hearing to provide an expanded opportunity for public comment.

   J.   Council Approval/Denial: The town council will approve or deny the proposed planned unit development project. The approval of any planned unit development will be made by ordinance.

   K.   Statement Of Covenants And Restrictions: No statement of covenants and restrictions shall be filed at the Campbell County courthouse until the town council first approves the planned unit development by ordinance.

   L.   Appeal: Any appeal of the decisions by the planning and zoning commission or the town council will be made to the board of adjustments in accordance with chapter 8 of this title. (Ord. 2001-05, 6-11-2001)

   A.   Purpose: The purpose of the zone change process is to provide landowners and/or prospective developers with the potential opportunity to modify zoning district boundaries depicted on the zoning map. This process is required for those landowners and/or prospective developers who wish to make uses on one or more lots or land parcels that are inconsistent with the permitted land uses authorized under existing zoning.

   B.   Who May Apply: Owners and/or prospective developers of any lots or parcels may make application for a zone change in any zoning district.

   C.   Application Form: Applicants must complete a zone change application form that will request at least the following information:

      1.   Name, address, telephone number, e-mail address, and fax number of the applicant.

      2.   When the applicant is not the landowner, the applicant will furnish a written letter from the landowner which authorizes the application and endorses the proposed zone change.

      3.   Name, address, and telephone number of the person or company responsible for preparation of the conceptual site plan supporting the application.

      4.   Legal description and total land area of the lands proposed for a zone change.

   D.   Additional Information: Applicants will also provide the following additional information, which will supplement a completed application form:

      1.   Location map of the lots or land parcels being considered for a zone change.

      2.   A conceptual site plan of the proposed land use development concept.

      3.   A development schedule for proposed land use.

   E.   Review By Building Officer: The building officer, or his or her authorized representative, will make a review of the proposed development project and evaluate the merits, disadvantages, and potential impacts of the proposed zone change. Subsequently, the building officer will prepare a documented staff report of his or her findings and recommendations to the planning and zoning commission.

   F.   Placement On Commission Agenda: The building officer will, as soon as practical, place the proposed zone change on the agenda of the planning and zoning commission.

   G.   Actions Required Prior To Commission Decision: Before any decision is reached by the planning and zoning commission: (Ord. 2001-05, 6-11-2001)

      1.   The building officer will post a copy of the proposed zone change upon the property where the zone change is requested. This public notice will be made at least fifteen (15) days before the planning and zoning commission consider the zone change publicly.

      2.   The planning and zoning commission will hold one public hearing at a public facility within the town. Town residents and the general public will receive at least fifteen (15) days' notice of the public hearing. Public notice will be advertised in one newspaper of general circulation throughout Campbell County, as well as any local publications within the town. Public comments received during the meeting will be documented for subsequent reference during the zone change process. (Ord. 2001-05, 6-11-2001; amd. Ord. 2004-03, 3-22-2004)

      3.   The building officer will provide written notice to all adjoining property owners, as well as the date, time and place when the planning and zoning commission will consider the proposed zone change.

   H.   Considerations For Approval: In determining whether to approve or deny a zone change application, the planning and zoning commission will make at least the following considerations:

      1.   Will the proposed change in zoning be complementary with existing land uses and zoning on adjacent properties?

      2.   Will the proposed zone change diminish adjacent property values?

      3.   What is the relative gain of the zone change to the community compared to the hardship upon the landowner?

      4.   How suitable is the subject property to land uses permitted in the proposed zoning district?

      5.   How long has the subject property been vacant?

      6.   Will the proposed land use meet future needs of the community or potential incoming residents?

      7.   Will the proposed change in zone significantly deter the community from the land use concepts depicted in the zoning map and/or the master plan?

   I.   Commission Recommendation: Upon consideration of a staff report from the building officer and public comment, the planning and zoning commission will make a written recommendation to the town council. The recommendation will state the rationale for its decision, recommended project stipulations, and provide any appropriate maps depicting the proposed zone change.

   J.   Council Review: The town council will review the staff report from the building officer, public comments, and the recommendation of the planning and zoning commission. In the course of its review, the town council may hold an additional public hearing to provide an expanded opportunity for public comment.

   K.   Council Decision: The town council will make a decision concerning the proposed zone change.

   L.   Appeal: Any appeal of the decisions by the planning and zoning commission or the town council will be made to the board of adjustments in accordance with chapter 8 of this title. (Ord. 2001-05, 6-11-2001)

   A.   Purpose: The purpose of a variance is to modify the strict application of the requirements of the this title. A variance is granted by the planning and zoning commission where it can be shown that unusual site development characteristics, extraordinary or exceptional circumstances, or other relevant factors create an undue hardship or prevent a landowner from using a lot or land parcel for purposes which are similar to other land uses in the same zoning district. Each authorized variance will apply to a specific use or structure, and will continue in perpetuity regardless of future changes in land ownership.

   B.   Who May Apply: Owners and/or prospective developers of any lots or parcels may make application for a variance in any zoning district.

   C.   Application Form: Applicants must complete a variance application form that will request at least the following information:

      1.   Name, address, telephone number, e-mail address, and fax number of the applicant.

      2.   When the applicant is not the landowner, the applicant will furnish a written letter from the landowner which authorizes the application and endorses the proposed variance.

      3.   Legal description and total land area of the land and/or the total floor area of the building(s) where the proposed variance would be located.

   D.   Additional Information: Applicants will also provide the following additional information, which will supplement a completed application form:

      1.   Location map of the lots or land parcels being considered for a variance.

      2.   A plot plan of the site and buildings where the proposed variance would occur.

   E.   Review By Building Officer: The building officer, or his or her authorized representative, will make a review of the proposed variance and evaluate the merits, disadvantages, and potential impacts of the proposed variance. Subsequently, the building officer will prepare a documented staff report of his or her findings and recommendations to the planning and zoning commission.

   F.   Placement On Commission Agenda: The building officer will, as soon as practical, place the proposed variance on the agenda of the planning and zoning commission.

   G.   Actions Required Prior To Commission Decision: Before any decision is reached by the planning and zoning commission, the building officer will:

      1.   Post a copy of the variance request upon the property where the variance is requested. This public notice will be made at least ten (10) days before the planning and zoning commission consider the variance publicly.

      2.   Provide written notice to all adjoining property owners, as well as the date, time and place when the planning and zoning commission will consider the request.

   H.   Public Hearing: Upon consideration of a staff report from the building officer and public comments made during a scheduled public hearing of the variance, the planning and zoning commission will make its decision concerning the variance request. Any affirmative decision may contain specific stipulations, which may modify the specific variance request.

   I.   Considerations For Approval: In determining whether to approve or deny a variance application, the planning and zoning commission will use and address the following considerations. No variance shall be authorized unless the planning and zoning commission find that all of the following conditions will exist:

      1.   The variance will not authorize a permitted use other than those specifically authorized by this title in the district regulations. (Ord. 2001-05, 6-11-2001)

      2.   Enforcement of the provisions of this title will result in unnecessary hardship or prevent a landowner from using a lot or land parcel for purposes which are similar to other conforming land uses in the same zoning district. (Ord. 2002-8, 12-23-2002)

      3.   The extraordinary circumstances of physical site constraints were not created by the owner of the property and do not represent a general condition of the district where the property is located.

      4.   The variance will not substantially or permanently damage any adjacent, conforming property.

      5.   The variance will not alter the character of the zoning district where the variance would occur.

      6.   The variance is the minimum deviation from this title and the least modification that will afford the relief sought. (Ord. 2001-05, 6-11-2001)

      7.   The variance will not adversely affect the public health, safety or welfare of the community. (Ord. 2002-8, 12-23-2002)

   J.   Notice Of Action: A notice of action of the planning and zoning commission will be prepared by the building officer and transmitted to the applicant. The notice of action will state the rationale for approval or disapproval and outline any required stipulations to any approved variance application.

   K.   Appeal: Any appeal of the decision by the planning and zoning commission will be made to the board of adjustments in accordance with chapter 8 of this title. (Ord. 2001-05, 6-11-2001)