(a) 
Purpose.
The purpose of this section is to establish a uniform mechanism for formalizing written interpretations of the provisions of this CDO.
(b) 
Applicability.
The administrator is responsible for making interpretations of all provisions of this CDO, including, but not limited to:
(1) 
Interpretations of the text, including standards;
(2) 
Interpretations of the zoning district boundaries;
(3) 
Interpretations of whether a proposed use meets the definition of a listed use or not, and should be allowed in a zoning district or prohibited in that district;
(4) 
Interpretations of compliance with a condition of approval; and
(5) 
Interpretations of whether rights have been vested.
(c) 
Request for interpretation.
A request for interpretation shall be submitted to the administrator in a form established by the administrator and made available to the public.
(d) 
Rendering of interpretation.
Within ten business days after a request for interpretation has been submitted, the administrator shall:
(1) 
Review and evaluate the request in light of the text of this CDO, the official zoning map, the comprehensive plan, and any other relevant information;
(2) 
Consult with other staff, as necessary; and
(3) 
Render an opinion.
(e) 
Form.
The interpretation shall be provided to the applicant in writing and sent to the applicant by mail.
(f) 
Official record.
The administrator shall maintain an official record of interpretations. The record of interpretations shall be available for public inspection during normal business hours.
(g) 
Appeal.
See section 28-7-34, appeals.
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Generally.
Any and all variances requests pursuant to this chapter are to be heard by the zoning board of adjustment (ZBA) in accordance with the requirements and procedures of section 28-6-6, zoning board of adjustment.
(b) 
Purpose.
The purpose of a variance is to provide limited relief from the property development standards for required by this CDO in those cases where the strict application of a particular requirement will create an unnecessary hardship by preventing the use and development of land in a reasonable manner that is otherwise allowed under this CDO.
(c) 
Authority.
The ZBA, in accordance with the procedures, standards and limitations of this section, shall approve, approve with conditions, or disapprove an application for a variance permit after receiving a recommendation by the administrator.
(d) 
Initiation.
An application for a variance permit shall be submitted by a qualified applicant.
(e) 
Procedure.
(1) 
Submission of application.
A complete application for a variance permit shall be submitted to the administrator, along with a nonrefundable fee that is established from time to time by the city council to defray the actual cost of processing the application. No application shall be processed until the established fee has been paid and the application has been determined completed by the administrator.
(2) 
Review and recommendation by administrator.
After determining that the application is complete, the administrator shall review the application and prepare a staff report, which may include a recommendation of approval, approval with conditions or disapproval based upon the criteria in subsection (f), variance permit criteria, below. A copy of the report shall be mailed to the applicant at least five days prior to the public hearing on the application.
(3) 
Public hearing.
After due notice, the ZBA shall hold a public hearing on an application for a variance permit. At the public hearing the ZBA shall consider the application, the staff report, the relevant supporting materials and the public testimony given at the public hearing. After the close of the public hearing, the ZBA shall vote to approve, approve with conditions or disapprove the application for a variance permit pursuant to the criteria of subsection (f), variance permit criteria, below.
(4) 
Notice of decision.
The administrator shall provide a copy of the decision to the applicant by mail within ten days of the board's decision.
(f) 
Variance permit criteria.
To approve an application for a variance permit, the ZBA shall make an affirmative finding that the following criteria are met:
(1) 
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;
(2) 
These special circumstances are not the result of the actions of the applicant;
(3) 
Literal interpretation and enforcement of the terms and provisions of this CDO would deprive the applicant of rights commonly enjoyed by other landowners in the same zoning district, and would cause an unnecessary and undue hardship;
(4) 
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 which would carry out the spirit of this CDO and substantial justice;
(5) 
Granting the variance will not adversely affect adjacent land in a material way; and
(6) 
Granting the variance will be generally consistent with the purposes and intent of this CDO.
(g) 
Effect of variance permit.
(1) 
Generally.
Issuance of a variance permit shall authorize only the particular variation which is approved in the variance permit. A variance permit shall run with the land.
(2) 
Time limit.
Unless otherwise specified in the variance permit, an application to commence construction of the improvements that were the subject of the variance permit request must be applied for and approved within 12 months of the date of the approval of the variance permit, otherwise, the variance permit 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 timeframe may be granted by the ZBA for a period not to exceed 12 months for good cause shown.
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Generally.
(1) 
Purpose.
The purpose of the appeals process is to provide an opportunity for affected parties to seek review of a decision of a responsible official or the planning and zoning commission in a timely and inexpensive way.
(2) 
Administrative decisions.
All administrative decisions of the administrator pertaining to this CDO may be appealed to the zoning board of adjustment (ZBA).
(3) 
Planning and zoning commission decisions.
All decisions of the planning and zoning commission pertaining to this CDO may be appealed to the city council.
(4) 
Zoning board of adjustment decisions.
All decisions of the ZBA pertaining to this CDO, may be appealed to a court of competent jurisdiction.
(5) 
City council decisions.
All decisions of the city council pertaining to this CDO, may be appealed to a court of competent jurisdiction.
(b) 
Deadline to appeal.
All appeals must be fully completed and submitted to the city 20 days after an official decision by any city official, committee, or governing body.
(c) 
Eligibility to appeal.
Appeals may be taken to the ZBA by:
(1) 
Any person aggrieved by the decision; or
(2) 
Any officer, department, board, or bureau of the city affected by the decision.
(3) 
Such appeal shall be made by filing the appropriate form and delivering it via mail or in person to the city. All of the grounds for the appeal shall be stated in the application.
(d) 
Stay of proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed unless the administrator certifies to the ZBA that a stay would cause imminent peril to life or property.
(e) 
Notice of hearing.
The ZBA shall fix a reasonable time for the appellate hearing and shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot at issue. Depositing of such written notice in the mail shall be deemed sufficient compliance.
(f) 
Decision by board.
The ZBA shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board may reverse or affirm wholly or partly or may modify the determination as in its opinion ought to be made.
(Ord. No. 2020-1331, 9-15-2020)