§ 2.0. Review procedures.

2.10.  Rezonings or amendments. A proposed change of the zoning district boundaries or of the regulations as they pertain to a piece of property may be initiated by the city council, the planning commission, or at the request of the owner or owners of the property to be rezoned or their authorized agents.

2.11.  [Petition.] When a rezoning request is made by a petition the following schedule shall be followed:

A.

The applicant shall submit a complete zoning amendment application to the city clerk, at least twenty-one (21) days prior to the planning and zoning commission meeting at which the amendment is to be considered, containing as a minimum, the following information. (Ord. No. 87-634, § 1, 7-6-87; Ord. No. 97-1605, § 1, 12-15-97)

1.

A one hundred dollar ($100.00) fee to defray the cost of processing the application.

2.

A map drawn to scale indicating: The dimensions and exact location of the site in relation to the vicinity in which it is located, location of all public rights-of-way, location of all existing and proposed sidewalks and pedestrian ways on the subject property and adjacent property, location and dimension of all existing and proposed buildings and structures on the site and adjacent sites and the nature and location of existing and proposed facilities for the disposal of storm water drainage. (Ord. No. 02-1888, § 1, 4-16-02)

3.

A written statement indicating:

(a)

Reason for the rezoning request.

(b)

Expected traffic volumes to be generated by the proposal.

(c)

Availability of required utilities.

(d)

Relationship of the proposed rezoning to the land use pattern of the vicinity.

(e)

Legal description of proposed rezoning site.

B.

A minimum of fourteen (14) days prior to the planning and zoning commission meeting at which the rezoning request is initially considered the city clerk shall mail notification to all persons included on the list of adjacent property owners. The notice shall state:

1.

Location of rezoning request (by mailing address and legal description).

2.

The nature of the rezoning request (indicating the current zoning of the site and the proposed rezoning classification).

3.

The time, date and location of the planning and zoning commission meeting at which the rezoning request is to be reviewed.

C.

The planning and zoning commission shall schedule a hearing on the application at the first regularly scheduled meeting after compliance with notice provisions as set forth herein. An application shall not be continued more than three (3) times at the request of the applicant. (Ord. No. 91-1053, § 1, 9-16-91)

D.

Upon receipt of a favorable recommendation from the planning and zoning commission, the city clerk shall, in accord with state law, schedule and advertise the proposed amendment for a public hearing before the city council. A proposed amendment shall not be continued more than three (3) times at the request of the applicant. (Ord. No. 91-1053, § 1, 9-16-91)

E.

Upon receipt of a negative recommendation from the planning and zoning commission, the city council review process must be initiated at the request of the applicant. A negative recommendation in when a majority of the planning and zoning commission members present do not vote in the affirmative for a motion to approve the request. (Ord. No. 05-2070, §§ 1, 2, 10-3-05)

F.

When the city council denies a rezoning request, the planning and zoning commission shall not reconsider the same request for a period of six (6) months. Each time the city considers a zoning request, the one hundred dollar ($100.00) administrative fee must be paid.

2.12. Initiation of zoning amendments by the city. The planning and zoning commission and/or the city council, may, in accordance with state law, initiate public hearings for the consideration of any proposed amendment to the provisions of this ordinance.

2.20. Special uses.

A.

Prior to the issuance of a building permit for a special use addressed in Article VIII of this ordinance:

1.

The applicant shall submit all required information to the city clerk, a minimum of fifteen (15) days prior to a scheduled planning and zoning commission meeting.

2.

The planning and zoning commission shall schedule a hearing on the application at the first regularly scheduled meeting after compliance with [the] above requirements. The planning and zoning commission shall render a decision on the application before or at the next regularly scheduled meeting unless additional information is required. If additional information is required, the planning and zoning commission shall have thirty (30) days from the date of submittal of this information to the city, in which to make a decision on the proposal.

3.

Appeals from a decision of the planning and zoning commission denying a special use permit shall be brought before the city council within thirty (30) days after the rendering of the planning and zoning commission decision.

B.

The cluster residential development is the only special use which [requires] city council approval prior to the issuance of a building permit. The decision of the planning and zoning commission with regard to review of a cluster residential development shall be a recommendation to the city council.

2.30. Conditional uses. Requests for conditional uses as stipulated within the zone district regulations including the PUD, are permitted only after review by the planning and zoning commission and approval of the city council.

A.

Review procedure. The following review procedure shall be adhered to:

1.

The applicant shall submit a complete conditional use application to the city clerk, at least twenty-one (21) days prior to the planning and zoning commission meeting at which the conditional use is to be considered, containing as a minimum, the following information.

a.

A one hundred dollar ($100.00) fee to defray the cost of processing the application.

b.

Fifteen (15) copies of a site development plan, each of which shall be folded to a dimension of eight and one-half (8½) by eleven (11) inches, which shall show the following:

i.

Existing and proposed topography;

ii.

Property lines;

iii.

Scale;

iv.

Storm drainage facilities and other utility easements;

v.

Existing and proposed structures and their uses;

vi.

Exterior lighting;

vii.

General landscaping and fences;

viii.

Outside storage areas;

ix.

Parking and loading areas;

x.

Points of ingress and egress;

xi.

Signs; and

xii.

The location of all existing and proposed sidewalks and pedestrian ways on the subject property and adjacent property; and

c.

Tree conservation plan.

2.

A minimum of fourteen (14) days prior to the planning and zoning commission meeting at which the conditional use request is to be considered, the city clerk shall mail notification to all adjacent property owners. The notice shall state:

a.

The location of the conditional use request;

b.

The nature of the request, indicating the current zoning of the site and the proposed conditional use; and

c.

The time, date and location of the planning and zoning commission meeting at which the request will be considered.

3.

The planning and zoning commission shall schedule a hearing on the application at the first regularly scheduled meeting after compliance with notice provisions as set forth herein. An application shall not be continued more than three (3) times at the request of the applicant.

4.

Upon receipt of a favorable recommendation from the planning and zoning commission, the city clerk shall schedule and advertise the proposed conditional use request for a public hearing before the city council. A proposed conditional use request shall not be continued more than three (3) times at the request of the applicant.

5.

Upon receipt of a negative recommendation from the planning and zoning commission, the city council review process will be initiated at the request of the applicant.

6.

When the city council denies a conditional use request, the planning and zoning commission shall not reconsider the same request for a period of six (6) months. Each time the city considers a conditional use request, the fifty dollar ($50.00) administrative fee must be paid.

B.

Requirements for certain uses.

1.

Day care home, group care home, or night care facility home. Uses set forth in this subsection may be approved by the planning and zoning commission as a conditional use, provided that all regulations and requirements set forth herein are satisfied and the required proof of such satisfaction is provided to the commission. The planning and zoning commission may also attach such reasonable conditions and safeguards in addition to those set forth in this subsection as it may deem necessary to implement the purposes of this appendix.

a.

Dwelling and premises requirements. Any dwelling and the premises on which it is located that is to be utilized for any of the above uses set forth in this subsection (1) shall:

i.

Comply with the applicable International Building and International Fire Codes currently adopted by the city;

ii.

Be adequate in size, suitably fenced, and adequately landscaped to provide a suitable environment for children and to prevent adverse effects upon adjacent uses; and

iii.

Provide safe, convenient driveways for the loading and unloading of children or infirm adults to take place on the driveway of the premises on which the dwelling is located and not on the street.

b.

Signage restrictions. There shall be no signage erected or displayed on the premises that in any way identifies or advertises such a use.

c.

Renewal. Failure to renew a business license will rescind a prior use approval issued by the planning and zoning commission.

d.

Transfer of use permitted. There will be no transfer of such permitted conditional use to another address. If the holder moves to another neighborhood, the holder be required to re-apply for the conditional use with the planning and zoning commission.

(Ord. No. 18-2360 , § 1.J, 3-5-18)

2.40. Special exception uses. Requests for special exception uses stipulated within the zoning district regulations, including the PUD, are permitted only after review and approval by the board of adjustment. The following review procedure shall be adhered to:

A.

The applicant shall submit a complete special use application to the city clerk, at least fifteen (15) days prior to the board of adjustment meeting at which the special exception is to be considered, containing as a minimum, the following information:

1.

A one hundred dollar ($100.00) fee to defray the cost of processing the application.

2.

Ten (10) copies of a site development plan drawn to a scale not larger than one inch equals fifty (50) feet, each of which shall be folded to a dimension of eight and one half (8½) by eleven (11) inches, which shall show the following:

a.

Existing and proposed topography;

b.

Property lines;

c.

Scale;

d.

Existing and proposed structures and their uses;

e.

Dimensions and height of existing and proposed structures;

f.

Exterior lighting;

g.

Tree conservation plan;

h.

Outside storage areas;

i.

Parking and loading areas;

j.

Points of ingress and egress;

k.

Signs; and

l.

The location of all existing and proposed sidewalks and pedestrian ways on the subject property and adjacent property. (Ord. No. 02-1888, § 3, 4-16-02)

B.

A minimum of five (5) days prior to the board of adjustment meeting at which the special exception is to be considered, the city clerk shall notify all adjacent property owners by certified mail. The notice shall state:

1.

The location of the special exception request;

2.

The nature of the request, indicating the current zoning of the site and the proposed special exception use; and

3.

The time, date, and location of the board of adjustment meeting at which the request will be considered.

(Ord. No. 83-360, § 1, 4-4-83; Ord. No. 97-1566, § 1, 6-16-97)

2.50. Requirements for Home Occupations as Principal Permitted Use. Applications for home occupation use shall be permitted as a principal permitted use, provided that all regulations and requirements set forth herein are satisfied and the required proof of such satisfaction is provided to the Building Official or his/her designee.

A.

General Restrictions. The home occupation shall be clearly incidental to the residential character of the dwelling and shall not adversely affect the uses permitted in the zoning district in which it is located. No home occupations shall be permitted which might interfere with the general welfare of the surrounding residential area due to potential noise, increased pedestrian and vehicular traffic, or any other conditions which would constitute an objectionable use of residentially-zoned property.

B.

Limitation of Type of Home Occupation. Home occupations shall be limited to an office, or a business of a personal service nature and shall not include a day care home, group care home, or night care facility home as defined herein.

C.

Limitation of Area. The use of a dwelling for a home occupation purpose shall be limited to twenty-five percent (25%) of one floor of the principal building and accessory building; however, no visible outside storage of any kind will be permitted in connection with any home occupation.

D.

Employment Limitations. Employment shall be limited to members of the family residing in the dwelling with which the home occupation is associated; there shall be no employment of persons who are not members of said resident family.

E.

Limitation of Patrons. The number and frequency of patrons on the premises for any reason related to the home occupation (who are not members of the resident family) shall be in keeping with the residential character of the neighborhood in which the home occupation is located.

F.

Signage Restrictions. There shall be no signage erected or displayed on the premises that in any way identifies or advertises a home occupation.

G.

Renewal. Failure to renew a business license will rescind any prior approval that may have been issued (permitting a home occupation).

H.

Transfer of Home Occupation. There will be no transfer of a home occupation to another address. If the applicant moves to another neighborhood, the applicant be required to re-apply for approval of a home occupation.

I.

Business Related Vehicles on Premises. There shall be no more than one (1) business related vehicle located on the premises or abutting streets containing signage advertising the home occupation. The parking or storage of a home occupation business related vehicle with an aggregate gross vehicle weight of more than one (1) ton is not permitted on the premises at any time.

(Ord. No. 18-2360 , § 1.K, 3-5-18)