Whenever a strict interpretation of certain provisions of this
Chapter relating to any of the cases specified hereinbelow would result
in practical difficulties in the permitted use of property, the Planning
and Building Department Director or Planning Commission may grant
an adjustment to permit a minor modification in said cases as follows:
(1)
Reduction
of residential side or rear yard setbacks so long as no side yard
is reduced to less than three feet or rear yard is reduced to less
than five feet.
(2)
Reduction
in the distance between buildings on the same lot.
(3)
Increase
in the height of walls or fences, excluding any wall or fence within
a residential front setback, and so long as any wall or fence within
such setback is not increased by more than one foot above the maximum
height otherwise permitted.
(4)
Modification
of required fence materials or design (excluding the use of barbed
wire or razor wire).
(5)
Reduction
in the number of on-site parking spaces required for nonresidential
uses so long as such reduction does not constitute more than ten percent
of the required number of parking spaces.
(6)
Modification
of restrictions on the location of transformers and utility meters.
(Ord. 2494 2-5-85; Ord. 88-32 10-25-88; Ord. 90-20 8-28-90; Ord. 95-31 12-12-95; Ord. 08-05 4-22-08; Ord. 10-09 5-25-10; Ord. 14-11 8-5-14)
An adjustment may also be granted to modify the sign regulations
of this Chapter if such regulations would result in practical difficulties
in the use of the property. The Planning and Building Department Director
may grant an adjustment to the sign regulations to permit the modification
of area, height, number, location (other than roof signs), lighting,
motion, and other limitations on signs or conditions under which signs
are permitted; to permit temporary and promotion signs including real
estate signs and contractor's signs; or to permit the extension of
time required for the removal of signs. An adjustment shall not be
granted to modify any billboard standard or requirement.
(Ord. 2494 2-5-85; Ord. 08-05 4-22-08)
The owner of the affected property, or an authorized agent of
said property owner, may apply for any adjustment by filing an application
with the Planning and Building Department Director stating in writing
the nature of the adjustment desired and explaining why the findings
necessary therefor are satisfied. Said application shall be accompanied
with plans delineating the requested adjustment. The applicant shall
also submit with said application a fee specified in the Master Fee
Schedule.
(Ord. 2494 2-5-85; Ord. 08-05 4-22-08; Ord. 13-04 11-5-13)
No adjustment shall be granted unless the Planning and Building
Department Director can make all of the following findings:
(1)
That
application for the adjustment is necessary due to special circumstances
or conditions pertaining to the property or to the use thereon; and
(2)
That
the proposed adjustment is necessary in order that the applicant may
not be unreasonably deprived of the proper use or enjoyment of the
applicant's property; and
(3)
That
the proposed adjustment would not be detrimental to the neighborhood
in which the property is located; and
(4)
That
the proposed adjustment is consistent with the legislative intent
of the zoning and development standards of this Chapter that pertain
to the subject property.
(Ord. 2494 2-5-85; Ord. 08-05 4-22-08)
Whenever any adjustment is granted, the Planning and Building
Department Director shall impose such conditions as may be necessary
to safeguard the interests of the neighborhood and in all cases shall
impose the following conditions:
(1)
That
the adjustment shall not become effective until ten calendar days
from the granting thereof shall have elapsed or, if an appeal is filed
thereon, until final determination has been made on the appeal.
(2)
That
the adjustment shall become null and void if the privileges granted
thereunder shall not have been utilized within one hundred eighty
days from the effective date thereof.
(Ord. 2494 2-5-85; Ord. 94-09 4-26-94; Ord. 08-05 4-22-08)
Within twenty calendar days of the filing of an application, the Planning and Building Department Director shall make a determination to either approve the request for adjustment in compliance with the requirements of Section 12-98.6 or set a public hearing in compliance with the requirements of Section 12-98.7.
(Ord. 2494 2-5-85; Ord. 08-05 4-22-08)
In the event the Planning and Building Department Director determines
that the approval of the adjustment is justified, such approval shall
be prepared in written form specifying the nature of the adjustment
and reciting the facts and reasons how the necessary findings have
been satisfied and also reciting such conditions and limitations that
may be imposed in consideration for such approval. The determination
for approval shall be sent to all owners of abutting property by first
class mail. The Director's decision shall become final unless any
written protest is submitted to the Director within ten working days
of the date of mailing.
(Ord. 2494 2-5-85; Ord. 98-28 12-15-98; Ord. 08-05 4-22-08)
In the event the Planning and Building Department Director cannot
make the determination that there is adequate justification to approve
the adjustment based upon the written application, or in the event
a written protest to the Director's decision is submitted within the
specified ten days, the Director shall set the matter for a public
hearing. The Director shall conduct such hearing within the next twenty
calendar days. Public notices for such hearing shall be mailed to
the applicant and abutting property owners by first class mail at
least seven calendar days prior to the hearing. The Planning and Building
Department Director shall render a decision on the matter within ten
calendar days following such hearing.
(Ord. 2494 2-5-85; Ord. 98-28 12-15-98; Ord. 08-05 4-22-08)
A copy of the findings and decision of the Planning and Building
Department Director shall be mailed to the applicant on the date of
the decision. A copy of the findings and decision of the Director
shall be posted on the City Hall bulletin board on the date thereof
and shall remain posted for ten calendar days. A copy of the findings
and decision of said Director shall be transmitted to each member
of the City Council.
(Ord. 2494 2-5-85; Ord. 08-05 4-22-08)
The applicant or any person may appeal the determination of
the Planning and Building Department Director to the Planning Commission
within ten working days after such determination has been mailed to
the applicant and posted on the City Hall bulletin board. Such appeal
may be made by filing a written notice of appeal in letter form with
the Planning and Building Department Director together with an appeal
fee as specified in the Master Fee Schedule. If no appeal is taken
within said ten days after the findings and decision of the Director
have been mailed to the applicant and posted on the City Hall bulletin
board, the decision of the Director shall be final.
In the event an appeal is filed, the matter shall be set for
a public hearing before the Planning Commission at its next regular
meeting occurring later than ten calendar days after the appeal is
filed, and notice of the nature, the time and the place of such hearing
shall be given by the Planning and Building Department Director to
the applicant, the appellant and the owners of abutting property by
first-class mail at least seven calendar days prior to the hearing.
(Ord. 2494 2-5-85; Ord. 98-28 12-15-98; Ord. 08-05 4-22-08; Ord. 13-04 11-5-13)
The Planning Commission shall hear the appeal at the time and
place set forth in said notice and may continue said hearing from
time to time for the purpose of considering further evidence. Not
more than forty calendar days following the close of the hearing the
Commission shall render its decision. The findings and decision of
the Commission shall be final and may not be appealed to the City
Council.
(Ord. 2494 2-5-85)
Within ten calendar days after final action of the Planning
Commission, the Planning and Building Department Director shall report
the action of the Planning Commission to the City Council and mail
a copy of the report to the grantee of the adjustment, the appellant
and the subject property owner. The requirements of this Section with
reference to reporting to the City Council may be satisfied by filing
a copy of the resolution of the Planning Commission with the City
Clerk for presentation to the City Council.
(Ord. 2494 2-5-85; Ord. 08-05 4-22-08)
The conduct of any activity or the use, operation. construction,
maintenance or removal of any facility in violation of any of the
conditions of an adjustment or of any statute, law, ordinance or other
applicable regulation shall be grounds for revocation of said adjustment.
The Planning and Building Department Director shall set a date for
an administrative public hearing and at such time said Director may
revoke the adjustment, citing the reasons therefor. Notice of such
hearing shall be made in the same manner as required for an adjustment
application. Unless otherwise specified by the Director, all activities
or facilities permitted by the adjustment shall cease and/or be removed
not later than sixty calendar days following the date of determination
of the Director to revoke the adjustment.
(Ord. 2494 2-5-85; Ord. 08-05 4-22-08)
Any person may appeal the decision of the Planning and Building
Department Director to revoke or maintain an adjustment to the Planning
Commission within ten calendar days after the findings and decision
of the Director have been mailed to the grantee of the adjustment
and to the current property owner and posted on the City Hall bulletin
board. The appeal may be made by filing a written notice of appeal
in letter form with said Director together with an adjustment appeal
fee as specified in the Master Fee Schedule. If no appeal is filed
within said ten days the decision of the Director shall be final.
In the event an appeal is filed, the matter shall be set for
hearing before the Planning Commission at its next regular meeting
occurring later than ten calendar days after the appeal is filed,
and notice of the nature, the time and the place of said hearing shall
be given by said Director to the grantee of the adjustment, the appellant,
the subject property owner, and the owners of the abutting property
by first class mail at least seven calendar days prior to the hearing.
(Ord. 2494 2-5-85; Ord. 08-05 4-22-08; Ord. 13-04 11-5-13)
The Planning Commission shall hear the appeal in accordance with the procedures of Section 12-98.10. The findings and decision of the Commission shall be final and may not be appealed to the City Council. The action of the Planning Commission shall be reported in accordance with the procedures of Section 12-98.11.
(Ord. 2494 2-5-85)
Following the denial or revocation of an adjustment, no new
application for the same or substantially the same modification to
the regulations of this Chapter, on the same or substantially the
same site, shall be filed within one year from the date of denial
or revocation of said adjustment.
(Ord. 2534 4-15-86)
