1.
Pre-application
Conference
An applicant for development approval may request a pre-application
conference with the Zoning Administrator. Prior to the conference,
the applicant shall provide a description of the character, location
and magnitude of the proposed development. The purpose of this meeting
is to acquaint the participants with the requirements of this Zoning
Ordinance and the views and concerns of the City.
2.
Application
Forms
Every application for development approval shall be in a form
specified by the Zoning Administrator.
3.
Standard
Application Submission Cycle
Applications that will be reviewed by City Council must be filed
at least 21 days in advance of the scheduled public hearing, in order
to allow adequate time for staff review and publication of notice.
4.
Application
Fees
a.
No application
shall be processed until the established fee has been paid. This nonrefundable
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.
b.
No application
fee shall be required when a text or map amendment is being proposed
by the Zoning Administrator, City Secretary or City Council.
5.
Completeness
of Application
No application shall be processed until it has been deemed complete
by the Zoning Administrator. The Zoning Administrator shall have 5
working days following the submission of the application to determine
its completeness. If the application is deemed incomplete, the Zoning
Administrator shall forward a letter to the applicant specifying the
application’s deficiencies, and no further review of the application
shall proceed until the deficiencies are corrected. If the deficiencies
are not corrected by the application deadline date, the application
shall not be scheduled for public hearing.
6.
Procedures
Requiring Public Notice
|
Procedure
|
Published
|
Mailed
|
|---|---|---|
|
Variance
|
–
|
X
|
|
Conditional Use
|
–
|
X
|
|
Special Use
|
X
|
X
|
|
Planned Development
|
|
|
|
Initial Approval
|
X
|
X
|
|
Minor Amendment
|
–
|
–
|
|
Major Amendment
|
X
|
X
|
|
Text Amendments
|
X
|
–
|
|
Other Zoning Map Amendments
|
X
|
X
|
|
Expansion of Nonconforming Use
|
–
|
X
|
7.
Published
Notice of Public Hearing Before City Council
Whenever the provisions of this Zoning Ordinance require a public
hearing before the City Council, notice shall be published in a newspaper
of general circulation in the City of New Deal at least 15 days before
the public hearing.
8.
Mailed Notice
of Public Hearing
a.
General.
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 before
the 10th day before the City Council public hearing.
9.
Content
of Published and Mailed Notice
Published and mailed notices shall provide at least the following
information:
a.
The general
location of the land that is the subject of the application;
b.
A summary
of the subject property’s legal description or a street address
or other locative information;
c.
The substance
of the application;
d.
The time,
date and location of the public hearing;
e.
A contact
person at the City and their telephone number; and
f.
A statement
that interested parties may appear at the public hearing and be heard
with respect to the application.
10.
Continuation
of Public Hearings
A public hearing for which proper notice was given may be continued
to a later date without complying with the notice provisions above,
provided that the continuance is set for a date and time certain announced
at the public hearing.
11.
Postponement
of Public Hearing/Withdrawal of Application
a.
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 Zoning Administrator in writing. If the Zoning Administrator
does not receive such notification, the case will be heard as scheduled.
The city council is then authorized to take action on the case, after
the scheduled hearing.
b.
After
public hearing on any matter within the scope of this Zoning Ordinance,
the city council may defer action on it, for a period of time necessary
to gather additional information.
c.
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:
12.
Rehearing
The City Council will not hear a request for amendment to the
Official Zoning Map, conditional use approval or special use approval
on the same tract of land within one year following the final decision
on any previous such request unless:
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
1.
Administrative
Adjustments
a.
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 Zoning Ordinance.
2.
Administrative
Adjustments Allowed
The Zoning Administrator shall have the authority to grant only
the following administrative adjustments:
a.
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.
b.
Allow a
delay in the provision of paved surface for off-street parking spaces
required under the terms of this Zoning Ordinance, for a period of
time up to 90 days, provided that only one such delay shall be allowed.
c.
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 Sec. 513.
d.
Authorize
a variance of up to 10 percent from the numerical standard set forth
in Articles 4 or 5.
EXAMPLE: Minimum front yard requirement of 25 feet may be varied
by up to 10% to a minimum of 22.5 feet.
e.
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 Zoning 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.
3.
Submission
of Application
A complete application for an Administrative Adjustment shall
be submitted to the Zoning Administrator, along with the appropriate
application fee.
4.
Action by
Zoning Administrator
After determining that the application is complete, the Zoning
Administrator shall review the application and approve, approve with
conditions or deny the application based upon the criteria below.
A written decision including affirmative findings on the criteria
set forth below shall be mailed to the applicant.
5.
Administrative
Adjustment Criteria
To approve an application for an Administrative Adjustment,
the Zoning Administrator shall make an affirmative finding that the
following criteria are met.
a.
That granting
the Administrative Adjustment will ensure the same general level of
land use compatibility as the otherwise applicable standards.
b.
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.
c.
That granting
the Administrative Adjustment will not adversely affect value of nearby
property in any material way.
d.
That granting
the Administrative Adjustment will be generally consistent with the
purposes and intent of this Zoning Ordinance.
6.
Appeals
Appeal of an administrative adjustment to the City Council shall
be made within 15 days of the mailing of the Zoning Administrator’s
decision in accordance with Sec. 210.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
1.
Authority
The Zoning Administrator shall have authority to make all written
interpretations concerning the provisions of this Zoning Ordinance
and the Official Zoning Map.
2.
Request
for Interpretation
A request for interpretation shall be submitted to the Zoning
Administrator in a form established by the Zoning Administrator and
made available to the public.
3.
Interpretation
by Zoning Administrator
Within 10 working days after a request for interpretation has
been submitted, the Zoning Administrator shall: (1) review and evaluate
the request in light of the text of this Zoning Ordinance, the Official
Zoning Map, the Comprehensive Plan and any other relevant information;
(2) consult with other staff, as necessary; and (3) render an opinion.
The interpretation shall be provided to the applicant in writing by
mail.
4.
Official
Record
The Zoning Administrator shall maintain an official record of
interpretations. The record of interpretations shall be available
for public inspection during normal business hours.
5.
Appeal
a.
Appeals
of written interpretations made by the Zoning Administrator shall
be taken to the City Council within 15 days of mailing of the interpretation,
in accordance with the procedures in Sec. 210.
b.
In considering
such an appeal, the City Council shall review the interpretation and
public testimony in light of the Comprehensive Plan, this Zoning Ordinance
and the Official Zoning Map, and any other land use policies adopted
by the City Council, whichever are applicable.
c.
The City
Council shall affirm, modify or reverse the decision of the Zoning
Administrator in interpreting the provisions of this Zoning Ordinance
and the Official Zoning Map. The City Council 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 Zoning Ordinance or the
Official Zoning Map.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
1.
Purpose
Variances are deviations from the applicable standards for the
zoning district where existing or proposed development is located,
that would not be contrary to the public interest and, due to special
conditions of the site or its surroundings, a literal enforcement
of the provisions of this Zoning Ordinance would result in unnecessary
hardship. Variances ensure that the spirit of this Zoning Ordinance
is observed and substantial justice done. A variance shall not be
granted to allow a use that is not allowed in the specific district
in question by the use regulations in Article 3.
2.
Submission
of Application
A complete application for a variance shall be submitted to
the Zoning Administrator on a form prescribed by the Zoning Administrator,
along with the appropriate application fee.
3.
Hearing
and Action by City Council
After due notice, the City Council shall hold a public hearing
on an application for a Variance. At the public hearing, the City
Council shall consider the application, the relevant support materials
and the public testimony given at the public hearing in light of the
criteria below. After the close of the public hearing, the City Council
shall vote to approve, approve with conditions or deny the application
for a Variance, pursuant to the criteria below.
4.
Allowed
Variances
In exercising its authority to grant a variance, the City Council
shall affirmatively find that one or more of the following circumstances
applies. In each instance, the City Council shall further state in
its minute record the specific nature of those circumstances which
justify the variance.
a.
Special
circumstances resulting in unnecessary hardship.
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
zoning ordinance would create an unnecessary hardship or deprive the
applicant of reasonable use of the land or building.
b.
Overriding
Public Interest.
A variance may be granted if it will
further an overriding public interest or concern, including, but not
limited to:
c.
Equity.
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.
d.
Literal
enforcement.
A variance may be granted if it is found
that the literal enforcement and strict application of this Zoning
Ordinance will result in extraordinary circumstances inconsistent
with the general provisions and intent of this ordinance, and that,
in granting the variance, the spirit of the ordinance will be preserved
and substantial justice done.
5.
Variances
Not Allowed
In exercising its authority, the City Council shall not grant
a variance that would create any of the following effects.
a.
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.
b.
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.
c.
The variance
is not the minimum variance that will relieve the proven hardship.
d.
The variance
would allow a use not allowed in the use table for the district in
which the parcel is located.
e.
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.
f.
The variance
will relieve the applicant of conditions or circumstances that are
self-imposed.
g.
The variance
is grounded solely upon the opportunity to make the property more
profitable or to reduce expense to the owner.
h.
The variance
will modify any condition imposed by the City Council as part of a
conditional use, special use, Planned Development District or Planned
Industrial Park.
i.
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 Zoning Ordinance.
6.
Variance
Criteria
To approve an application for a Variance, the City Council shall
make an affirmative finding that each and every one of the following
criteria are met.
a.
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.
b.
These special
circumstances are not the result of the actions of the applicant.
c.
Literal
interpretation and enforcement of the terms and provisions of this
Zoning Ordinance would deprive the applicant of rights commonly enjoyed
by other land in the same zoning district, and would cause an unnecessary
and undue hardship.
d.
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 Zoning Ordinance and substantial
justice.
e.
Granting
the variance will not adversely affect adjacent land in a material
way.
f.
Granting
the variance will be generally consistent with the purposes and intent
of this Zoning Ordinance.
g.
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.
7.
Conditions
The City Council may impose such conditions on a variance as
are necessary to accomplish the purposes of this Zoning Ordinance,
to prevent or minimize adverse impacts upon the public and neighborhoods,
and to ensure compatibility of the site with its surroundings. These
conditions may include but are not limited to limitations on size,
bulk and location; standards for landscaping, buffering and screening,
lighting and adequate ingress and egress; cash deposits, bonds and
other guarantees of performance; other on-site improvements; and limitations
on the duration or hours of operation of an allowed use.
8.
Effect of
Variance
a.
Issuance
of a variance shall authorize only the particular variation which
is approved in the variance. A variance shall run with the land.
b.
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 Zoning Administrator if it is determined that
conditions of the site and immediately surrounding area are substantially
unchanged.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
1.
Who May
File
An application for conditional use approval shall be submitted
by the owner or agent authorized by affidavit to act on the owner’s
behalf, unless initiated by City officials ordinarily authorized to
initiate amendments to the zoning map.
2.
Submission
of Application
A complete application shall be submitted to the Zoning Administrator,
along with the appropriate fee. The Zoning Administrator may require
an application for conditional use approval to be accompanied by a
site plan of existing and proposed development of the affected site.
3.
Applicable
Development Standards
Unless otherwise specified in this Zoning Ordinance, no conditional
use approval shall be granted for any use that does not conform to
standards of the district in which it is located. Each conditional
use shall also be subject to any specific use requirements set forth
in Articles 3 through 5.
4.
Review by
Zoning Administrator
After determining that the application is complete, the Zoning
Administrator shall place the request on a meeting agenda for consideration
by the City Council.
5.
Hearing
and Action by City Council
a.
The City
Council shall, after appropriate notice, conduct a public hearing
on each request for approval of a conditional use.
b.
At the
public hearing, the City Council shall consider the application, any
pertinent comments by the City staff, and relevant support materials
and public testimony given at the public hearing.
c.
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 City Council may attach such conditions to a conditional 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 conditional use approval, and hours of operation for the
specific allowed activity.
6.
Conditional
Use Approval Criteria
Approval of a conditional use by the City Council shall be based
upon the following criteria.
a.
Impacts
Minimized.
Whether and the extent to which the proposed
conditional use creates adverse effects, including adverse visual
impacts, on adjacent properties.
b.
Consistent
with Zoning Ordinance.
Whether and the extent to which
the proposed conditional use would conflict with any portion of this
Zoning Ordinance, including the applicable zoning district intent
statement.
c.
Compatible
with Surrounding Area.
Whether and the extent to which
the proposed conditional use is compatible with existing and anticipated
uses surrounding the subject land.
d.
Effect
on Natural Environment.
Whether and the extent to which
the proposed conditional 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.
e.
Community
Need.
Whether and the extent to which the proposed conditional
use addresses a demonstrated community need.
f.
Development
Patterns.
Whether and the extent to which the proposed
conditional use would result in a logical and orderly pattern of urban
development in the community.
7.
Expiration
of Conditional Use Approval
a.
All conditional
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 conditional use approval, provided that the Zoning Administrator,
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.
b.
If the
designated use is not made of the property within the time limitation
granted, the conditional use approval shall be cancelled and revoked
and be of no effect.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
1.
Purpose
Special use review allows for review of specified larger-scale
uses that may be appropriate in designated areas, provided that consideration
is given to conditions that will minimize any negative impacts of
the use.
2.
Who May
File
An application for special use approval shall be submitted by
the owner or an agent authorized by affidavit to act on the owner’s
behalf, unless initiated by City officials ordinarily authorized to
initiate amendments to the zoning map.
3.
Submission
of Application
A complete application shall be submitted to the Zoning Administrator,
along with the appropriate fee. The Zoning Administrator may require
an application for special use approval to be accompanied by a site
plan of existing and proposed development of the affected site. A
written statement describing how the proposed development meets any
specific use requirements set forth in Articles 3 through 5 shall
accompany the site plan.
4.
Applicable
Development Standards
Unless otherwise specified in this Zoning Ordinance, no special
use approval shall be granted for any use that does not conform with
the dimensional standards of the district in which it is located.
Each special use shall also be subject to any specific use requirements
set forth in Articles 3 through 5.
5.
Review by
Zoning Administrator
After determining that the application is complete, the Zoning
Administrator shall place the request on a meeting agenda for consideration
by the City Council.
6.
Hearing
by City Council
a.
The City
Council shall, after appropriate notice, conduct a public hearing
on each request for approval of a special use.
b.
At the
public hearing, the City Council shall consider the application, any
pertinent comments by City staff, other relevant support materials
and public testimony given at the public hearing.
c.
After the
close of the public hearing, the City Council may approve the request,
approve the request with additional conditions, or deny the request.
The City Council may require 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 special use
approval, and hours of operation for the special use so allowed.
d.
Where written
protest against a proposed special use is made and signed by (a) the
owners of 20 percent or more of the area subject to the special use
or (b) the owners of 20 percent or more of the land area within 200
feet of the affected area, then the proposed special 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.
7.
[Reserved]
8.
Special
Use Approval Criteria
Approval of a special use by the City Council shall be based
upon the following criteria.
a.
Impacts
Minimized.
Whether and the extent to which the site plan
minimizes adverse effects, including adverse visual impacts, on adjacent
properties.
b.
Consistent
with Zoning Ordinance.
Whether and the extent to which
the proposed special use would conflict with any portion of this Zoning
Ordinance, including the applicable zoning district intent statement.
c.
Compatible
with Surrounding Area.
Whether and the extent to which
the proposed special use is compatible with existing and anticipated
uses surrounding the subject land.
d.
Traffic
Circulation.
Whether and the extent to which the proposed
special use is likely to result in extraordinarily prolonged or recurrent
congestion of surrounding streets, especially minor residential streets.
e.
Effect
on Natural Environment.
Whether and the extent to which
the proposed special use would result in significant adverse impacts
on the natural environment, including but not limited to water or
air quality, noise, stormwater management, wildlife, vegetation, wetlands
and the practical functioning of the natural environment.
f.
Community
Need.
Whether and the extent to which the proposed special
use addresses a demonstrated community need.
g.
Development
Patterns.
Whether and the extent to which the proposed
special use would result in a logical and orderly pattern of urban
development in the community.
9.
Expiration
of Special Use Approval
a.
All special
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 special use approval, provided that the Zoning Administrator,
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.
b.
If the
designated use is not made of the property within the time limitation
granted, the special use approval shall be cancelled and revoked and
be of no effect.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
1.
Who May
File
An application for rezoning to a Planned Development (PD) District
may be submitted by an owner or an agent authorized by affidavit to
act on the owner’s behalf, unless initiated by City officials
ordinarily authorized to initiate amendments to the zoning map. No
application shall be accepted for a property less than one acre in
land area.
2.
Pre-application
Conference
a.
A prospective
applicant for a PD District is encouraged to request a pre-application
conference with the Zoning Administrator prior to submission of a
formal application.
b.
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.
c.
Based on
the information provided by the applicant, the Zoning Administrator
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.
3.
Submission
of Application
a.
A complete
application for review of a PD District shall be submitted to the
Zoning Administrator on a form prescribed by the Zoning Administrator,
along with the appropriate fee.
b.
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.
c.
The applicant
may also submit an initial site plan of actual building construction
and other such improvements planned on the subject property.
d.
A subdivision
plat meeting the submittal requirements of the City’s Land Development
and 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.
4.
Review and
Report by Zoning Administrator
After determining that the application is complete, the Zoning
Administrator shall prepare a staff report, which may include a recommendation
for approval or denial. A copy of the staff report on a proposed planned
development shall be mailed to the applicant at least 5 working days
prior to the public hearing on the application.
5.
Hearing
and Action by City Council
a.
A public
hearing shall be held by the City Council before adopting any proposed
PD District.
b.
At the
public hearing, the City Council shall consider the application, the
comments and recommendations of City staff and other relevant support
materials and public testimony given at the public hearing.
c.
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.
d.
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.
e.
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.
6.
[Reserved]
7.
Amendments
to PD District Ordinance
Any amendments to the terms and conditions of an approved PD
District ordinance shall be subject to review and reconsideration,
in accordance with procedures set forth in subsections 1 through 6
above.
8.
Site Plan
Required
a.
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.
b.
Upon approval
of a PD District, the applicant may submit a site plan to the Zoning
Administrator for each phase of the development in accordance with
the phasing schedule of the concept plan.
9.
Approval
of Minor Site Plans by Zoning Administrator
The Zoning Administrator may approve a site plan for development
within a Planned Development District under the following conditions:
a.
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
b.
The site
plan represents a minor change from the approved site plan; or
c.
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
d.
The site
plan meets all requirements of other applicable City ordinances.
10.
Approval
of Major Site Plans by City Council
a.
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.
b.
For site
plans which cannot be approved administratively by the Zoning Administrator
as described above, the Zoning Administrator shall forward the site
plan to the City Council, which shall review the site plan and either
approve, approve with conditions, or deny the site plan based on the
criteria set forth below.
c.
For developments
consisting solely of single-family detached residential uses, a final
plat may serve as the required site plan.
11.
Site Plan
Approval Criteria
In approving or denying a site plan submitted under this Section,
the following criteria shall be considered:
a.
safety
of vehicular and pedestrian movements for the facility and area surrounding
the site;
b.
safety
from fire hazards and required means of fire control;
c.
protection
from flooding and water damage;
d.
noise
and lighting glare, and effect of such on adjacent neighborhoods;
e.
relation
of signs to traffic control and effect on adjacent properties;
f.
adequacy
of off-street parking and loading facilities;
g.
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;
h.
appropriate
placement of landscaping and screening;
i.
site coverage
by structures and other improvements, and resulting impacts;
j.
siting
of structures and other improvements relative to appropriate setbacks,
height limitations, maintenance of views and sight lines, as well
as other aesthetic considerations; and
k.
such other
measures as might secure and protect the public health, safety, and
general welfare.
12.
Amendments
to Approved Site Plans
After approval of a site plan for construction in a PD District,
minor alterations to the plan that do not affect the subdivision of
the land, the general character or overall design of the plan may
be approved by the Zoning Administrator. The Zoning Administrator
may refer revisions to the City Council in cases where the proposed
revision constitutes a substantial alteration. Revisions submitted
to the City Council shall follow the same procedure required for approval
of a major site plan.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
1.
Who May
File
a.
Text Amendment.
An application for amendment of the text of this Zoning Ordinance
may be filed by the Zoning Administrator, City Secretary or City Council.
Any citizen may petition the City Council, as a whole, to initiate
an amendment to the text of this Zoning Ordinance
b.
Map Amendment.
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:
i.
A person,
firm or corporation that, together or separately, is an owner of the
subject property.
ii.
An
authorized representative of such a person, firm or corporation. A
notarized affidavit shall be required from the property owner designating
such a representative.
iii.
The
City Council of its own volition or at petition of the public.
iv.
The
Zoning Administrator, acting in his/her capacity as technical advisor
to the City Council.
2.
Submission
of Application
A complete application for amendment to the text of this Zoning
Ordinance or the Official Zoning Map shall be submitted to the Zoning
Administrator, along with the appropriate fee.
3.
Review by
Zoning Administrator
After determining that the application is complete, the Zoning
Administrator shall place the request on a meeting agenda of the City
Council.
4.
Hearing
and Action by City Council
a.
After appropriate
notice, the City Council shall conduct a public hearing on each proposed
change.
b.
At the
public hearing, the City Council shall consider the application, comments
and recommendations by City staff and other relevant support materials
and public testimony given at the public hearing.
c.
The City
Council may approve, approve with modifications, or deny the proposed
amendment.
d.
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.
5.
[Reserved]
6.
Amendment
Criteria
The wisdom of amending the text of this Zoning Ordinance or
the Official Zoning Map is a matter committed to the sound legislative
discretion of the City Council and is not controlled by any one factor.
In determining whether to adopt, adopt with modifications or deny
the proposed amendment, the City Council shall at a minimum consider
the following factors.
a.
Compatible
with Plans and Policies.
Whether the proposed amendment
is compatible with the Comprehensive Plan and any other land use policies
adopted by the City Council.
b.
Consistent
with Zoning Ordinance.
Whether and the extent to which
the proposed amendment would conflict with any portion of this Zoning
Ordinance.
c.
Compatible
with Surrounding Area.
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.
d.
Changed
Conditions.
Whether and the extent to which there are
changed conditions that require an amendment.
e.
Effect
on Natural Environment.
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.
f.
Community
Need.
Whether and the extent to which the proposed amendment
addresses a demonstrated community need.
g.
Development
Patterns.
Whether and the extent to which the proposed
amendment would result in a logical and orderly pattern of urban development
in the community.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
Uses allowed by right are those uses that are deemed compatible
with other allowed uses of land in a zoning district, provided they
are developed in conformity with other applicable regulations of this
Zoning Ordinance. A complete application for development allowed by
right shall be submitted to the Zoning Administrator, along with the
appropriate review and inspection fee. If the Zoning Administrator
determines that the proposed development is in compliance with all
requirements of the City’s Ordinances, including but not limited
to this Zoning Ordinance and the adopted building code, the Building
Official shall issue a building permit.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
1.
Who May
File
An appeal may be initiated by any owner, applicant, affected
adjacent property owner, or resident of the City of New Deal.
2.
City Council.
The City Council shall review appeals from the following decisions.
3.
Submission
of Application
A complete notice of appeal shall be submitted to the Zoning
Administrator, along with the appropriate application fee.
4.
Action
The City Council may reverse, affirm or modify the previous
decision or interpretation appealed from, and in so doing, the City
Council shall be deemed to have all the powers of the officer from
whom the appeal was taken, including the power to impose reasonable
conditions.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
The City decision-making bodies and officials described in this
Section, without limitation upon the authority each possesses by law,
have responsibility for implementing and administering this Zoning
Ordinance in the manner described in this Section.
1.
Zoning Administrator
For the purposes of this Zoning Ordinance, the Zoning Administrator,
shall be required to:
a.
Serve as
the Secretary and provide technical assistance to the City Council;
b.
Render
administrative adjustments to development standards;
c.
Render
written interpretations of the map and text of this Zoning Ordinance;
d.
Render
administrative decisions on urban design review, minor site plans
for or amendments thereto in any PD District;
e.
Perform
such other functions and duties as authorized in the City’s
Ordinances and as may be duly delegated by the City Council; and
f.
Initiate
amendments to the map and text of this Zoning Ordinance.
2.
City Council
For the purposes of this Zoning Ordinance, the City Council
shall::
a.
Take final
action on changes to the text of this Zoning Ordinance, changes to
the Official Zoning Map (including designation of PD Districts) and
approval of special uses;
b.
Hear and
decide appeals from decisions of the Zoning Administrator in regard
to minor site plans for development in any PD District;
c.
Render
decisions on conditional uses and major site plans or amendments thereto
in any PD District;
d.
Hear and
decide appeals that allege error in a decision or determination made
by any administrative official in the routine enforcement of this
Zoning Ordinance;
e.
Hear and
decide appeals of any administrative adjustment by the Zoning Administrator;
f.
Hear and
decide requests for variances from the terms of this Zoning Ordinance.
g.
Perform
such other functions and duties as authorized in the City’s
ordinances.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
