[Ord. No. 88-12 §16, 7-19-1988]
Three (3) types of exceptions or modifications are provided
in this Chapter to insure flexibility. Application for the issuance
of a Special Use Permit, Variance or Zoning Amendment shall be made
to the Planning Commission. Any proceedings to classify certain uses
as provided in this Section may be initiated either by application
or by the Planning Commission. The Planning Commission may hold such
hearings on the proposal to issue a Special Use Permit, Variance,
or Zoning Amendment as it may consider necessary; but at least one
(1) public hearing shall be held on each application for such a permit.
Notice shall be given not less than fifteen (15) days in advance of
the hearings, by publishing pertinent data regarding the amendment
or modification at least once in the official newspaper, and by notifying
by mail at least ten (10) days prior to the meeting the property owners
abutting the subject property. The Planning Commission shall make
a report to the Board upon any application for an exception or modification
and shall recommend to the Board whatever action it deems advisable;
but it shall not recommend the granting of a permit unless special
circumstances or conditions applying to the building or land in question
are peculiar to such property. Also, the granting of the exception
or modification must not impair the health, safety, morals, comfort,
convenience or welfare of the persons residing or working in the neighborhood
of such use.
[Ord. No. 88-12 §16, 7-19-1988]
A.
Special
Use Permits may be issued by the Board of Aldermen upon receipt of
a recommendation to do so from the Planning Commission. The Special
Use Permit, once issued, may designate conditions and require guarantees
in the granting of Special Use Permits in the manner prescribed herein.
Upon receipt of the report of the Planning Commission, the Board may
hold whatever public hearing it deems advisable and shall make a decision
upon the proposal to grant a Special Use Permit. The Planning Commission
shall not recommend the granting of any Special Use Permit, and the
Board shall not grant any application unless they find the following
facts:
1.
There are special circumstances or unique
conditions affecting the land, building or use referred to
in the application.
2.
The granting of the application is necessary for the preservation
and enjoyment of substantial property rights.
3.
The granting of the application will not materially affect adversely
the health or safety of persons residing or working in the neighborhood
of the property of the application and will not be materially detrimental
to the public welfare or injurious to property or improvements in
the neighborhood.
4.
At the hearing, the application shall present a statement and evidence
in such form as the Planning Commission may require, to show these
facts.
[Ord. No. 88-12 §16, 7-19-1988]
The City Clerk or Codes Enforcement Officer and his designee
shall make available Special Use Permit application forms, applications
for variance or amendments, to a prospective applicant under this
Chapter. Any use permitted under such an exception or modifications
shall conform to the terms and conditions of the permit or may be
subject to termination by the Board of Aldermen, upon the gathering
of facts regarding same at a public hearing.
[Ord. No. 88-12 §16, 7-19-1988]
A.
The
Planning Commission shall recommend, and the Board of Aldermen shall
have the power to approve or disapprove variances to the strict requirements
of this Chapter. Applications for variance shall be limited as follows:
[Ord. No. 88-12 §16, 7-19-1988]
A.
The
Planning Commission may recommend, or the Board of Aldermen may initiate,
a petition or appeal having the effect of a Zoning Ordinance or map
amendment. Such amendment may:
1.
Transfer land, or a portion thereof, from the district in which it
is situated into another district, by amendment to this Chapter.
2.
Change any of the regulations of this Chapter as to the use or platting
of land in any district, or as to the restrictions upon buildings
or structures and their placement thereon, by amendment to this Chapter.
3.
Any action of amending this Chapter by the Board of Aldermen shall
first be reviewed by the Planning Commission.
4.
Such a Zoning Map or Ordinance Amendment may only be approved if
the following conditions are met.
a.
It is apparent that a mechanical mistake was made when the Zoning
Map was approved.
b.
At the time the City Land Use Development Plan was approved by the
City, a judgmental error was made.
c.
Unforeseeable changes have occurred which have altered the City Land
Development Plan, and that Plan has been amended.
d.
The proposed re-zoning changes the land use to one which is more
consistent with the City Land Use Development Plan.
[Ord. No. 88-12 §16, 7-19-1988]
A.
An
application for amendment, variance, or Special Use Permit shall be
filed with the City Clerk or Codes Enforcement Officer and his designee
in duplicate, accompanied by a fee as determined by the Board of Aldermen.
The Clerk or Codes Enforcement Officer and his designee shall forward
one (1) copy to the Planning Commission.
1.
The Planning Commission shall schedule and give notice of the time
and place of a public hearing on the proposed exception or modification.
Notice shall be given not less than fifteen (15) days in advance of
the hearing(s), by publishing pertinent data regarding the amendment
at least once in the official newspaper, and by notifying the property
owners adjacent to the subject property at least ten (10) days prior
to the date of the hearing. The current City Assessor's tax records
shall be deemed sufficient for the location or certification of ownership
of said properties. Following the hearing, the Planning Commission
shall transmit its recommendations on the application to the Board
of Aldermen within thirty (30) days. Such recommendation shall be
in writing.
2.
The Board, upon receiving reports of the Planning Commission, and
without further public hearing, may vote upon the adoption of the
proposed exception or modification or it may refer it back to the
Planning Commission for further consideration. In considering any
amendment, due allowance shall be made for existing conditions, for
the conservation of property values, for the direction of building
development to the best advantage of the entire municipality and for
the uses to which the property affected is being devoted at the time;
no change on a zone map or text amendment shall be effective unless
or until two-thirds (2/3) of all members of the Board concur in its
passage.
3.
The Planning Commission and Board shall provide for a record of their
proceedings, which shall include the minutes of their meetings, their
findings, and the action taken on each matter heard by them, including
final recommendation, decision and order.
[Ord. No. 88-12 §16, 7-19-1988]
A.
Any
person or persons, or any board, taxpayer, department, or bureau of
the municipality aggrieved by the decision of the Board may seek remedy
by the following methods:
1.
In the case of an application for Special Use Permit or Zoning Amendment, the applicant may appeal directly
to the Circuit Court of competent jurisdiction.
2.
Appeals regarding the action(s) of the Codes Enforcement Officer
or his designee or in matters regarding a variance, the aggrieved party shall appeal to the Board of Adjustment for dispensation.
In the case where a variance is before the Board of Adjustment, the
final decision on the issuance or a denial of the variance request
shall rest with the Board of Adjustment.
