A.
The title of this chapter is "An Ordinance: a) dividing
the City of Monessen into districts and regulating the use of land
and the location, use and density of buildings within these districts;
b) providing for the administration, implementation and enforcement
of this Ordinance; c) permitting, prohibiting, regulating and determining
the uses of land, watercourses and other bodies of water, the size,
height, bulk, location, erection, construction, repair, maintenance,
alteration, razing, removal and use of structures, the areas and dimensions
of land and bodies of water to be occupied by uses and structures,
as well as areas, courts, yards and other open spaces and distances
to be left unoccupied by uses and structures; d) establishing the
maximum density and intensity of development; and e) establishing
provisions for special exceptions and variances to be administered
by a Zoning Hearing Board."
B.
Short title. This chapter shall be known and be cited
as the "City of Monessen Zoning Ordinance of 1998."
This chapter is hereby adopted:
B.
In accordance with the community development goals
and objectives (which are included by reference) of the City of Monessen
Comprehensive Plan (as may be amended), which constitutes an overall
program;
C.
In consideration of the character of the City, its
various parts and the suitability of the various parts for particular
uses and structures; and
D.
To assist in carrying out the purposes and provisions of the Constitution of the Commonwealth of Pennsylvania (especially Article I, Section 27), the Pennsylvania Flood Plain Management Act,[2] Pennsylvania Storm Water Management Act,[3] Pennsylvania DEP regulations on erosion and sedimentation
control and other relevant federal and state laws, regulations, official
policies and relevant court decisions.
A.
If it appears to the City of Monessen that a violation
of this chapter has occurred, the City of Monessen shall initiate
enforcement proceedings by sending an enforcement notice as provided
in this section.
B.
The enforcement notice shall be sent to the owner
of record of the parcel on which the violation has occurred, to any
person who has filed a written request to receive enforcement notices
regarding that parcel and to any other person requested, in writing,
by the owner of record.
C.
An enforcement notice shall state the following:
(1)
The name of the owner of record and any other person
against whom the City of Monessen intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which the steps for compliance must
be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in § 375-12.
(6)
That failure to comply with the notice within the
time specified, unless extended by appeal to the Zoning Hearing Board,
constitutes a violation, with possible sanctions clearly described.
D.
Causes of action. In case any building, structure,
landscaping or land is or is proposed to be erected, constructed,
reconstructed, altered, converted, maintained or used in violation
of this chapter, the Zoning Officer or any aggrieved owner or tenant
of real property who shows that his property or person will be substantially
affected by the alleged violation, in addition to other remedies,
may institute any appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure, landscaping or land or
to prevent, in or about such premises, any act, conduct, business
or use constituting a violation. When any such action is instituted
by a landowner or tenant, notice of that action shall be served upon
the City of Monessen at least 30 days prior to the time the action
is begun by serving a copy of the complaint on the City Council. No
such action may be maintained until such notice has been given.
A.
The City Council may establish and update by resolution
a schedule of fees and a collection procedure relating to all applications
filed pertaining to this chapter. No application or appeal shall be
considered filed until all fees are paid.
A.
Minimum requirements. The provisions of this chapter
shall be interpreted as the minimum requirements to promote public
health, safety and general welfare. Where more than one provision
of this chapter controls a particular matter, the provision that is
more restrictive upon uses and structures shall apply. The provisions
of this chapter are in addition to any other applicable City ordinance.
B.
Uses not specifically regulated. If a use clearly
is not permitted by right, by condition or by special exception by
this chapter within any zoning district, the use is prohibited, except
as may be permitted as a similar use under a specific provision of
this chapter.
C.
Interpretation of Zoning Ordinance text and boundaries. The Zoning Officer shall apply the wording of this chapter and the location of all district boundaries to particular applications. See § 375-12 concerning appeals by an applicant. The Zoning Officer may request an advisory opinion from the City Solicitor or the Zoning Hearing Board Solicitor.
D.
Definitions. If a word is not defined, the word shall
be considered to have its plain and ordinary meaning within the context
of the provision. A standard reference dictionary should be consulted.
A.
After receiving a proper application, the Zoning Officer
shall either:
B.
Thirty-day challenge period. It is recommended that
applicants wait 30 days to begin construction if there is a possibility
of an appeal by another party to have the permit revoked. Any commencement
of construction or a use within this thirty-day appeal period shall
be at the risk of the applicant.
A.
Applicability. Any of the following activities or
any other activity regulated by this chapter shall only be carried
out after receipt of a City permit (except as stated below) and any
additional required City approval after the applicant shows compliance
with this chapter:
(1)
Erection, construction, movement, placement or extension of a structure, building or sign (see § 375-52 which lists signs not required to have a City permit);
(2)
Change of the type of use or expansion of the use
of a structure or area of land;
(3)
Creation of a lot or alteration of lot lines; and/or
B.
Types of uses.
(1)
Permitted-by-right uses. This type of use may be granted
zoning approval by the Zoning Officer if all requirements of this
chapter are met.
(2)
Application requiring a variance. This type of use
shall require a written approval by the Zoning Hearing Board.
(3)
Conditional use. This type of use shall require a
written zoning approval by the City Council, after the Planning Commission
has been given an opportunity to review the application.
C.
Applications.
(1)
Any request for a decision, interpretation or variance
by the Zoning Hearing Board or for a permit under this chapter shall
be made in writing on a form provided by the City.
(a)
The completed application, with any required
fees and with any required site plans or other required information,
shall be submitted to the Zoning Officer or other City employee responsible
for processing the application. The date of receipt should be noted
on the application.
(2)
When a site plan is required, at least two copies
shall be submitted. The site plan shall be drawn to scale. A site
plan shall be required for any new building, building addition, parking
lot and where the Zoning Officer determines that a site plan is needed
to determine compliance with this chapter.
(3)
Except as provided for in Subsection C(5) below, any application to the Zoning Officer or Zoning Hearing Board shall include the following information, unless the Zoning Officer determines that a site plan or such information is unnecessary to determine compliance with this chapter:
(a)
The location and dimensions of the lot.
(b)
Locations, dimensions and uses of existing and
proposed structures, parking and loading areas and locations of existing
and proposed uses of areas of land.
(c)
Name and address of the applicant or appellant.
(d)
Name and address of the owner of the affected
property (if different from the applicant).
(e)
A description of the proposed use of the property.
(f)
Such additional information that the Zoning
Officer may determine is reasonably necessary to determine compliance
with this chapter.
(g)
All other applicable information listed on the
official City application form.
(4)
Submittal to the Board. In addition to the information listed in § 375-8C(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary for determination of whether the proposal complies with this chapter:
(a)
The present zoning district and major applicable
lot requirements.
(b)
A description of any proposed nonresidential
operations and storage in sufficient detail to indicate potential
nuisances and hazards regarding noise, large truck traffic, glare,
odors, dust, fire or toxic or explosive hazards or other significant
public health and safety hazards.
(c)
If a nonresidential use is proposed close to
dwellings, a description of hours of operation.
(d)
A listing of any sections of this chapter being
appealed, with the reasons for the appeal.
(5)
Porches and accessory buildings. For the construction
of a porch or an accessory building of less than 700 square feet,
the applicant shall only be required to submit evidence that the structure:
(6)
Other laws. The Zoning Officer may withhold issuance
of a permit under this chapter if there is clear knowledge by the
Zoning Officer that a use would violate another City, state or federal
law or regulation, until such time as the applicant proves compliance.
(7)
Ownership. No person other than a landowner or his specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application (see definition of "landowner" in Article II).
(8)
The Zoning Officer may submit a copy of any plan and
application to any appropriate agencies and individuals (such as the
Planning Commission or City Engineer) for review and comment.
D.
Issuance of permit.
(1)
At least three copies of any permit required under
this chapter shall be made. One copy of the permit shall be retained
in the City files and one copy shall be retained by the applicant.
A copy of the permit shall be shown by the applicant to the Zoning
Officer upon the Zoning Officer's request.
(2)
Posting. The applicant shall post a copy of the permit
at a conspicuous location visible from a street while work is underway.
E.
Revocation of permits. The Zoning Officer shall revoke
a permit or approval issued under the provisions of the Zoning Ordinance
in the case of:
(1)
False statement or misrepresentation of fact in the
application or on the plans on which the permit or approval was based.
(The Pennsylvania Criminal Code provides for penalties for providing
false information to a municipal employee in the carrying out of his/her
duties.)
(2)
Any work being accomplished or use of land or structures
in such a way that does not comply with this chapter or an approved
site plan or approved permit application or a condition imposed as
part of a special exception, conditional use or variance approval.
(3)
For any other just cause set forth in this chapter.
F.
Temporary permit. A temporary permit may be issued
by the Zoning Hearing Board as a special exception for temporary commercial
special events or temporary structures or uses subject to the following
additional provisions:
(1)
Duration. The Zoning Hearing Board shall establish
a limit on the duration of the use. The Zoning Hearing Board may grant
a single approval once for numerous occurrences of an event.
(2)
Fee. Either the Zoning Hearing Board or the City Council
may waive and/or return the required application fee if the applicant
is an established nonprofit organization, recognized by the Internal
Revenue Service (I.R.S.) and the applicant clearly shows that the
proposed use is temporary and will be used to primarily serve a charitable
or public service.
(3)
Nonprofit. Only an established nonprofit organization
recognized by the Internal Revenue Service (I.R.S.) may be granted
a temporary use if the use is to primarily serve a charitable or public
service, including a commercial use in a district where that use is
not permitted.
G.
Changes to approved plans.
(1)
After the issuance of a permit or approval of a site
plan under this chapter by the City, the approved application or site
plan shall not be changed without the written consent of the Zoning
Officer.
(2)
Changes to a site plan approved by the City Council
as a conditional use shall require reapproval of the changes by the
City Council if the Zoning Officer determines that the changes significantly
affect matters that were within their approval. The approval by the
City Council is not required for minor technical adjustments or corrections
of information that do not affect the significant features of the
site plan and the intensity of the use, as determined by the Zoning
Officer.
A.
Within the procedural requirements of the Pennsylvania
Municipalities Planning Code (see Sections 609 and 610[1]), the City Council may amend, cure or repeal any or all
portions of this chapter on:
(1)
Its own motion; or
(2)
Upon agreeing to hear a written request of any person,
entity or the Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10609
and 10610.
B.
Review of chapter amendments.
(1)
For a proposed amendment that was not prepared at
the direction of the Planning Commission, the City Council shall submit
the amendment to the Planning Commission at least 30 days prior to
the hearing on the proposed amendment and permit the Planning Commission
an opportunity to make recommendations.
(2)
County review. The City shall submit the proposed
amendment to the Westmoreland County Planning Commission for recommendations
at least 30 days prior to the hearing on the proposed amendment. No
action shall be taken by the City Council until the County Planning
Commission comments are received, unless 30 days pass without comments
being received.
C.
Application for amendment. A request for amendment
of the Zoning Ordinance shall be in writing. A request by a property
owner or developer shall state in writing the reasons for the request.
D.
Notification of proposed Zoning Map amendment. If
a Zoning Map amendment is requested by a private entity and is not
considered at the same public hearing as Zoning Map amendments proposed
by City officials, then at least 10 days prior to the hearing on the
proposed change, the applicant shall send, or have delivered in person,
written notice of the proposed change, including the hearing date
and time and a City official to contact for more information. The
notice shall be provided to all owners of record of all property proposed
to be rezoned (other than the applicant) and all property directly
abutting the land to be rezoned.
For a curative amendment request, the applicant
shall at a minimum compensate the City for all actual expenses for
legal advertising, in addition to any other fees stated in the City
fee schedule. (See Sections 609 and 916.1 of the Pennsylvania Municipalities
Planning Code.[1])
[1]
Editor's Note: See 53 P.S. §§ 10609
and 10916.1.
A.
Appointment. The Zoning Officer shall be appointed
by the City Council. The Zoning Officer shall not hold any elected
office within the City, but may hold other appointed offices.
B.
Duties and powers. The Zoning Officer shall:
(1)
Receive and examine all applications required by this
chapter and issue or refuse permits within this chapter.
(3)
Maintain records of applications, permits, variances,
written decisions and interpretations issued and of complaints received,
of official reports rendered and of legal notices.
(4)
Perform all other duties called for in this chapter.
(5)
Not permit any activity which does not conform to
this chapter.
A.
Appointment. The existing Zoning Hearing Board shall
be continued and shall consist of three residents of the City appointed
by the City Council, unless a differing number of members are authorized
by another valid City ordinance. Alternate members may be appointed
within the provisions of the Pennsylvania Municipalities Planning
Code.[1] Zoning Hearing Board members shall serve terms of three
years, so fixed that the term of office of no more than one regular
member and one alternate member expires each year. Members of the
Zoning Hearing Board shall hold no elected office in the City.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
Vacancies. The Zoning Hearing Board shall promptly
notify the City Council of any vacancies which occur. Appointments
to fill vacancies shall be only for the unexpired portion of a term.
C.
Removal of members. Any Zoning Hearing Board member
may be removed for malfeasance, misfeasance or nonfeasance in office
or for other just cause by a majority vote of the City Council, taken
after the member has received 15 days' advance notice of the intent
to take such a vote. A hearing shall be held in connection with the
vote if the member shall request it in writing.
D.
Organization.
(1)
Rules. The Zoning Hearing Board may make, alter and
rescind rules and forms for its procedure, consistent with all applicable
City ordinances and state law. The Zoning Hearing Board shall elect
officers for annual or biannual terms from its own membership.
(2)
Quorum. For the conduct of any hearing and taking
of any action a quorum shall be not less than a majority of all members
of the Zoning Hearing Board, except within the hearing officer process
established by the Pennsylvania Municipalities Planning Code.
(3)
Alternate members. Alternate members may be appointed
within the provisions of the Pennsylvania Municipalities Planning
Code.
E.
Zoning Hearing Board functions. The Zoning Hearing
Board shall be responsible for the following:
(1)
Appeal of a decision by the Zoning Officer.
(a)
The Zoning Hearing Board shall hear and decide
appeals where it is alleged by the appellant (a person affected or
any agency of the City) that the Zoning Officer has failed to follow
prescribed procedures or has misinterpreted or misapplied any valid
provision of this chapter.
(2)
Challenge to the validity of the Zoning Ordinance
or Zoning Map.
(a)
The Zoning Hearing Board shall hear challenges
to the validity of this chapter filed with the Zoning Hearing Board
in writing by the property owner affected, any officer or agency of
the City or any person aggrieved.
(b)
After the conclusion of the hearing(s), the
Zoning Hearing Board shall decide all questions and shall make findings
on all relevant issues of fact, within the time limits of the Pennsylvania
Municipalities Planning Code.
(3)
Variance.
(a)
The Zoning Hearing Board shall hear requests
for variances filed with the Zoning Hearing Board in writing by any
property owner (or any tenant with the permission of the property
owner).
(b)
Standards. The Zoning Hearing Board may grant
a variance only within the limitations of state law. As of 1993, the
Pennsylvania Municipalities Planning Code provided that all of the
following findings must be made, where relevant:
[1]
There are unique physical circumstances or conditions
(including irregularity, narrowness or shallowness of lot size or
shape or exceptional topographical or other physical conditions peculiar
to the particular property) and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located.
[2]
Because of such physical circumstances or conditions,
there is no possibility that the property can be developed in strict
conformity with the provisions of the Zoning Ordinance and a variance
is therefore necessary to enable the reasonable use of the property.
[3]
Such unnecessary hardship has not been created
by the appellant.
[4]
The variance, if authorized, will not alter
the essential character of the neighborhood or district in which the
property is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare.
[5]
The variance, if authorized, will represent
the minimum variance that will afford relief and will represent the
least modification possible of the regulation in issue.
(c)
In granting any variance, the Zoning Hearing
Board may attach such reasonable conditions and safeguards as it deems
necessary to implement the purposes of this chapter.
(d)
The Zoning Hearing Board may also grant a variance
for a physical improvement needed to comply with the Americans With
Disabilities Act.
(4)
Special exception. Where special exceptions are to be considered as specified by City Council in this chapter, the Board shall grant or deny special exceptions pursuant to express standards and criteria as detailed in Article V in addition to any other applicable regulations listed in this chapter. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it deems necessary to implement the purposes of this chapter.
(6)
Records and reports. The staff to the Zoning Hearing
Board shall keep full public records of its business.
(7)
Court appeals. In the case of an appeal from the Zoning
Hearing Board to the Court of Common Pleas, the appellant shall make
the return required by law.
F.
Time limitations for appeals. The time limitations
for appeals shall be as follows:
(1)
Appeals to the Zoning Hearing Board must be filed
within 30 days after the decision by the Zoning Officer that is being
appealed has been officially issued or file the appeal with the County
Court of Common Pleas no later than 30 days after a decision of the
Zoning Hearing Board has been officially issued, except as may be
provided under Section 914.1 of the Pennsylvania Municipalities Planning
Code.[2]
[2]
Editor's Note: See 53 P.S. § 10914.1.
(2)
The failure of an aggrieved person other than the
landowner to appeal an adverse decision directly related to a preliminary
subdivision or land development plan shall preclude an appeal from
a final plan approval except in the case where the final submission
substantially deviates from the approved preliminary plan.
H.
Time limitations on permits and variances.
(1)
After a variance is approved or approval is officially
authorized under this chapter, then a permit shall be secured by the
applicant within 12 months after the date of approval or authorization.
Action under the permit shall then begin within 12 months of the issuance
of the permit.
(2)
City approvals. If the applicant submits complete
plans for a required site plan review or subdivision or land development
approval or conditional use approval that is related to the variance
or issuance of a permit under this chapter within the above time limits,
then the time limits shall begin after the plan review is completed
or the plan approval is granted.
(3)
Federal or state approvals. If an application requires
a federal or state permit or approval, than the time limits of this
section may apply from the date of issuance or approval, provided
that:
(4)
For good cause, the Zoning Officer may, upon application
in writing stating the reasons therein, extend in writing the time
periods in this section.
(5)
If an applicant fails to obtain the necessary permits
within the above time period or fails to diligently commence substantial
construction within the above time period or allows interruptions
in substantial construction of longer than six months, it shall be
conclusively presumed that the applicant has waived, withdrawn or
abandoned the approval and all approvals, variances and permits shall
become null and void.
The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with the following:
A.
Notice of hearings. Notice of all hearings of the
Zoning Hearing Board shall be given as follows:
(2)
Posting. Notice of the hearing shall be conspicuously
posted on the affected property at least one week prior to the hearing.
It is the responsibility of the applicant to ensure that the notice
is posted and remains posted until the hearing.
(3)
Persons given notice. Written notice shall be given
to the applicant and the Zoning Officer. Notice should be given to
the Planning Commission, City Council and owners of record of property
within a one-hundred-foot radius from the lot lines of the subject
property. Also, notice shall be given to any other person or group
(including civic or community organizations) who has made a written
timely request for notice. Notices shall be mailed or delivered by
a City representative to the last address known to the City. The notice
should be intended to be received at least five days prior to the
hearing date.
(4)
Adjacent municipalities. In any matter which relates
to a property which lies within 250 feet of the boundary of another
municipality and which the City staff determines may have a significant
impact on that municipality, the City staff should transmit to the
offices of the adjacent municipality a copy of the official notice
of the public hearing on the matter at least seven days prior to the
hearing date. Representatives of the adjacent municipality shall have
the right to appear and be heard at the public hearing.
B.
Parties in hearings. The parties to a hearing shall
be the City, any person affected by the application who has made timely
appearance of record before the Zoning Hearing Board and any other
person including civic or community organizations permitted to appear
by the Zoning Hearing Board.
C.
Oaths and subpoenas. The chair of the Zoning Hearing
Board or Hearing Officer shall have the power to administer oaths
and issue subpoenas to compel the attendance of witnesses and the
production of relevant documents and papers, including witnesses and
documents needed by and requested by the parties.
D.
Representation by counsel. The parties shall have
the right to be represented by legal counsel and shall be afforded
the opportunity to respond and present evidence, argument and cross-examine
adverse witnesses on relevant issues.
E.
Evidence and record. Formal rules of evidence shall
not apply, but irrelevant, immaterial or unduly repetitious evidence
may be excluded. The Zoning Hearing Board or the Hearing Officer,
as applicable, shall keep a record of the proceedings as required
by state law.
F.
Communications outside of hearings.
(1)
The Zoning Hearing Board shall not meet with, visit
the site with or directly communicate specifically on the matter with
the applicant or any officially protesting party or their representatives
in connection with any issue involved, except if the opportunity is
provided for the applicant and any officially protesting party to
participate.
(2)
The Zoning Hearing Board shall not take notice of
any communication, reports, staff memoranda or other materials unless
the parties are afforded an opportunity to examine and contest the
material so noticed. This restriction shall not apply to advice from
the Zoning Hearing Board's solicitor.
G.
Advisory reviews. The Zoning Hearing Board may request
that the Planning Commission, County Conservation District, City staff,
City Engineer or other professional provide an advisory review on
any matter before the Zoning Hearing Board.
H.
Initiation of hearings. A hearing required under this
chapter shall be initiated within 60 days of the date of an applicant's
submittal of a complete application, unless the applicant has agreed
in writing to an extension of time.
I.
Decision/findings.
(1)
The Zoning Hearing Board shall render a written decision
or make written findings (when no decision is called for) on each
application within 45 days after the last hearing on that application
before the Zoning Hearing Board, unless the applicant has agreed in
writing to an extension of time.
(2)
Where the application is contested or denied, the
decision should include findings of fact and conclusions based thereon,
together with the reasons for such conclusions. Any conclusion based
on any provision of the Pennsylvania Municipalities Planning Code[2] or of this chapter should contain a reference to the provision
relied on.
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
J.
Notice of decision. A copy of the final decision or
a copy of the findings (when no decision is called for) shall be personally
delivered or mailed to the applicant or his or her representative
or their last known address not later than the time limit established
by Section 908 of the Pennsylvania Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10908.
[Amended 8-15-2012 by Ord. No. 5-2012]
This chapter shall not apply to any existing
or proposed building or extension thereof used or to be used by a
public utility corporation if, upon petition of the corporation, the
Pennsylvania Public Utility Commission shall, after a public hearing,
decide that the present or proposed use of the building or site in
question is necessary for the convenience or welfare of the public.
It shall be the responsibility of the Pennsylvania Public Utility
Commission to ensure that both the corporation and the City have notice
of the hearing and are granted an opportunity to appear, present witnesses,
cross-examine witnesses presented by the other parties and otherwise
exercise the rights of a party to the proceedings. Public utility
exemptions only apply to municipal authorities and utility companies
that expand service in accordance with the definition found in the
Pennsylvania Municipalities Planning Code § 608.1, Subsection
(e)(1),[1] and as authorized by the Pennsylvania Public Utilities
Commission.
[1]
Editor's Note: See 53 P.S. § 10608.1.
The minimum lot area and minimum lot width requirements
of this chapter shall not apply to uses or structures owned by the
City of Monessen for uses and structures that are intended for a legitimate
governmental or public health, safety, public utility or recycling
purpose.
A.
When site plan required. A site plan review by the
Planning Commission and City Council is required for any of the following
uses unless the physical layout of the buildings and improvements
has been submitted as part of a subdivision or a land development.
B.
Site plan procedures. The following procedures shall
be followed for any use required to be reviewed under this section:
(1)
Submission. A minimum of three complete copies of any required site plan shall be submitted to the City. Such site plan shall meet the information requirements listed in § 375-17C. The Zoning Officer shall refuse to accept an application if it does not contain sufficient information to determine compliance with this chapter. A minimum of one copy shall be retained in City files. The Zoning Officer may request a review by the City Engineer if engineering matters are involved.
(2)
If earth disturbance is involved, a soil and erosion
control plan shall be submitted to the City and the County Conservation
District.
(3)
Time. The Planning Commission and City Council shall be given an opportunity to review the site plan and provide any advisory comments in writing to the Zoning Officer within the time limit stated in § 375-17B(4) below.
(4)
The Zoning Officer shall review the site plan and
determine its compliance with this chapter, based upon his review
and any comments of the City Council and Planning Commission. The
Zoning Officer shall make such determination within 90 days after
the first scheduled Planning Commission regular meeting after the
receipt of a complete site plan submission, unless the applicant grants
a written time extension.
(5)
A site plan under this section may be reviewed at
any legally advertised, regular or workshop meeting of the City Council
and Planning Commission.
C.
Submittal requirements. The following site plan submittal
requirements shall not apply to a general home occupation. A required
site plan shall include the following information, unless for information
waived by the Zoning Officer as not applicable or necessary:
(1)
A statement describing the proposed use.
(2)
Layout. A site layout drawn to scale, showing the
location, dimensions and area of each lot; the location, dimensions
and height of proposed and any existing structures; the required setback
areas; the proposed density of residential uses; the location and
width of proposed or abutting streets; and the proposed areas to be
used for different purposes within the development, including outdoor
storage or display areas. If the plan involves one phase of what eventually
may be a larger development, then the interrelationships of those
phases shall be shown.
(3)
Landscaping. The width of any buffer yard and the
heights, spacing and general species of plants to be used for screening;
general numbers, locations and types of required landscaping to be
provided. (This information is not required on a zoning site plan
if such information will be submitted on a subdivision or land development
plan for the use.)
(4)
Parking. The locations and numbers of parking spaces; the location and widths of aisles; the location and sizes of off-street loading areas; the method of calculating the off-street parking requirement, based upon § 375-45. (This information is not required on a zoning site plan if such information will be submitted on a subdivision or land development plan for the use.)
(5)
Lighting and signs. The height, location and general
type of exterior lighting; the sign area, height, location and general
method of lighting of signs. (This information is not required on
a zoning site plan if such information will be submitted on a subdivision
or land development plan for the use.)
(6)
Utilities. Note stating general proposed method of
providing wastewater treatment and water supply (such as "public water
and public sewage services").
(7)
Nuisances and safety. A description of any proposed
industrial or commercial operations or storage in sufficient detail
to indicate potential nuisances and hazards regarding noise, large
trucks, glare, odors, dust, fire or toxic or explosive hazards or
other hazards to the public health and safety, together with proposed
methods to control such hazards and nuisances.
(8)
Grading and stormwater. Proposed and existing contours if earth disturbance is proposed; identification of any slopes between 15% and 25% and greater than 25% proposed to be impacted; proposed method of managing stormwater runoff (see steep slope provisions in § 375-36); delineation of any floodplains from the Official Federal Floodplain Maps. (This information is not required on a zoning site plan if such information will be submitted on a subdivision or land development plan for the use.)
(9)
A location map showing the relation of the project
to surrounding streets. Approximate lot lines of abutting lots within
50 feet of the project, with identification of abutting land uses.
(10)
Zoning district and major applicable requirements.
(11)
Name and address of the person who prepared
the site plan, the applicant and the owner of record of the land.
(12)
Such other data or information as the Zoning
Officer deems is reasonably necessary to determine compliance with
City ordinances.
A.
Applicability. This section applies to uses listed
as "conditional uses" in the applicable district.
B.
Procedure.
(1)
A conditional use submission shall not be considered
officially accepted for review until any needed zoning variances that
are directly relevant to the site layout and nature of the use are
granted. The applicant may request an informal review by the Planning
Commission of a site plan prior to requesting variances or a special
exception.
(2)
Submission. A minimum of three complete copies of any required site plan shall be submitted to the City. The Zoning Officer shall refuse to accept an incomplete application which does not provide sufficient information to determine compliance with this chapter. See § 375-5 concerning fees. For review fees for a solid waste use, see § 375-30.
(3)
Erosion control. If earth disturbance is involved,
the applicant shall submit a soil and erosion control plan to the
City and the County Conservation District, unless such review will
occur under the Subdivision and Land Development Ordinance.[1]
(4)
City distribution. The City shall distribute copies
of the site plan to the Planning Commission and the City Council.
A minimum of one copy shall be retained in the City files. The City
Fire Chief should be given an opportunity for a review, if deemed
appropriate by the Zoning Officer.
(5)
Zoning Officer review. The Zoning Officer shall report
in writing or in person to the Planning Commission or City Council
stating whether the proposal complies with this chapter. The Zoning
Officer may request a review by the City Engineer.
(6)
Planning Commission. The Planning Commission shall
be given an opportunity to review the conditional use application
and submit a recommendation to the City Council.
(8)
The City Council shall approve, conditionally approve
or disapprove the conditional use submission. In granting a conditional
use, the City Council may require such reasonable conditions and safeguards
(in addition to those expressed in this chapter) as it determines
are necessary to implement the purposes of this chapter.
(9)
The decision of the City Council shall be in writing
and shall be directly communicated to, delivered to or mailed to the
last known address of the applicant or their representative.
C.
Approval of a conditional use. The standards of this § 375-18C shall not apply to a general home occupation. The City Council shall approve any proposed conditional use if they find adequate evidence that the proposed use will:
(2)
Meet other applicable sections of this chapter.
(3)
Be in general conformance with the requirements of
the Subdivision and Land Development Ordinance,[3] as applicable. Actual approval under the Subdivision and
Land Development Ordinance may occur separately from the conditional
use approval if the applicant requests.
(4)
Meet all of the following standards:
(a)
Other laws. Will not clearly be in conflict
with other City ordinances or state or federal laws or regulations
known to the City.
(b)
Traffic. Will not result in or significantly
add to a traffic hazard or significant traffic congestion.
(c)
Safety. The applicant shall show that the use
will not create a significant public safety hazard, including fire,
toxic or explosive hazards.
(d)
Stormwater management. Will follow adequate,
professionally accepted engineering methods to manage stormwater.
Stormwater shall not be a criteria of a decision under this chapter
if the application clearly would be subject to a separate engineering
review and an approval of stormwater management by the City Council
under the Subdivision and Land Development Ordinance.[4]
(e)
Neighborhood. Will not significantly negatively
affect the desirable character of an existing or approved residential
neighborhood, such as causing heavy truck traffic through a residential
neighborhood or a significant odor or noise nuisance or very late
night or early morning hours of operation.
(f)
Site planning. Will involve adequate site design
methods, including plant screening and setbacks as needed to avoid
significant negative impacts on adjacent uses.
A.
Neither the approval nor the granting of any review,
issuance of permit or approval related to construction, activity within
the floodplain, site plan review, subdivision or land development
approval, erosion control, wetland delineation review, stormwater
runoff, activity on steep slopes or any other review or permit of
this chapter, by an officer, employee, consultant or agency of the
City, shall constitute a representation, guaranty or warranty of any
kind by the City or its employees, officials, consultants or agencies
of the practicality or safety of any structure, use or subdivision
and shall create no liability upon, nor a cause of action against
such public body, official, consultant nor employee for any damage
that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under
this chapter, the City shall not be liable for any later lawful withdrawal
of such permit for valid cause shown.
