§ 656.131. Zoning exceptions.

(a)

A proposal for a zoning exception may be initiated only upon an application for zoning exception filed with the Department by the owner or his authorized agent. An application for a zoning exception under the Zoning Code shall be in writing and in the form prescribed by the Commission. Information required on the application may include, for example, the name and address of the owner and the agent, the property address and location, and a legal description and real estate assessment number(s). Other information may include the current zoning of the property, the exception being sought, a list of owners of property within 350 feet, identification of any previous zoning applications for the property during the preceding five years and statements indicating how the standards and criteria for exceptions which are set forth herein will be met. An application shall be accompanied by a site plan drawn to an appropriate scale showing the property as it is intended to be developed or modified pursuant to the application for exception. The site plan must show the following:

(i)

Property dimensions;

(ii)

Buildings and dimensions;

(iii)

Parking spaces and dimensions, including handicapped and car pool spaces;

(iv)

Loading and unloading area, if applicable, with turn around and dimensions;

(v)

Landscaped areas and dimensions;

(vi)

Ingress and egress (driveways, alleys and easements);

(vii)

Adjacent streets and right-of-way;

(viii)

North arrow and graphic scale;

(ix)

Signage (if any);

(x)

Buildings setbacks and buffer (including dimensions);

(xi)

Adjacent current property uses;

(xii)

Adjacent zoning districts;

(xiii)

Total land area; and

(xiv)

Total building coverage area.

Additional items may be required, to the extent applicable, as required by any site review guidelines which may be promulgated by the Department from time to time. The site plan, as approved, shall be binding upon the exception, if granted. Upon receipt of the application, the Zoning Administrator shall determine whether the application is complete within five (5) working days. If it is determined that the application is not complete, written notice shall be provided to the applicant specifying the deficiencies. The Zoning Administrator shall take no further action on the application until the deficiencies are remedied. When the application is determined to be complete, all fees must be paid as specified in Section 656.147.

(b)

The Department shall be responsible for making an advisory recommendation to the Commission with respect to each application for a zoning exception. This advisory recommendation shall include all available information concerning previous zoning applications for the subject property within the preceding five years, according to the zoning application. The Commission shall be responsible for reviewing and holding a public hearing with respect to each application for a zoning exception to the Zoning Code. Orders granting or denying the exceptions shall be issued by the Commission and signed by the Chairman and the Secretary thereof. The Commission is authorized to prescribe procedural and administrative rules it deems necessary or appropriate to administer its duties, including the manner in which applications will be filed, the method by which hearings will be held and whether rehearings from its decisions will be allowed and, if allowed, the method by which the rehearings will be held.

(c)

With respect to acting upon applications for zoning exceptions:

(1)

The Commission shall issue an order to grant the exception only if it finds from a preponderance of the evidence of record presented that the proposed use meets, to the extent applicable, the following standards and criteria:

(i)

Will be consistent with the Comprehensive Plan, including any subsequent plan adopted by the Council pursuant thereto;

(ii)

Will be compatible with the existing contiguous uses or zoning and compatible with the general character of the area, considering population density, design, scale and orientation of structures to the area, property values, and existing similar uses or zoning;

(iii)

Will not have an environmental impact inconsistent with the health, safety and welfare of the community;

(iv)

Will not have a detrimental effect on vehicular or pedestrian traffic, or parking conditions, and will not result in the generation or creation of traffic inconsistent with the health, safety and welfare of the community;

(v)

Will not have a detrimental effect on the future development of contiguous properties or the general area, according to the Comprehensive Plan, including any subsequent amendment to the plan adopted by the Council;

(vi)

Will not result in the creation of objectionable or excessive noise, lights, vibrations, fumes, odors, dust or physical activities, taking into account existing uses or zoning in the vicinity;

(vii)

Will not overburden existing public services and facilities;

(viii)

Will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other services; and

(ix)

Will be consistent with the definition of a zoning exception, and will meet the standards and criteria of the zoning classification in which such use is proposed to be located, and all other requirements for such particular use set forth elsewhere in the Zoning Code, or otherwise adopted by the Planning Commission.

(2)

In issuing its order to grant a zoning exception as provided in the Zoning Code, the Commission may place reasonable conditions, including, but not limited to, time limits within which action pursuant to the order shall be begun or completed or both, a limitation on hours of operation and design and installation of lighting or visual barriers such as fences, which conditions are for the purpose of protecting the interests of surrounding property owners, in addition to those conditions which are provided in the Zoning Code. An order to grant a zoning exception shall not be granted unless and until the procedures in this Chapter have been complied with.

(3)

The use for which a zoning exception has been granted by the Commission shall not be commenced by the owner, his agent or lessee until such time as the order is deemed to be final or a final order has been issued and all of the improvements stipulated in the grant of exception necessary for the orderly use of the property have been accomplished.

(4)

Unless a longer time is mutually agreed upon by the applicant and the Commission in the particular case, a public hearing shall be held by the Commission to consider an application for zoning exception within not more than 63 days from the date the application is determined to be complete by the Department. Notice of the public hearing shall be made as provided in Section 656.137 and the applicant(s) and all interested persons shall be heard in person or by agent or attorney.

(5)

The violation of the terms of an exception, including conditions and safeguards which may be made a part thereof, shall be deemed a violation of the Zoning Code and punishable as provided in the Zoning Code.

(d)

For purposes of this section, for zoning exceptions for properties located within the Downtown Overlay Zone, as defined in Section 656.361.2, all references to "Zoning Administrator" shall mean a designated staff member of the Downtown Investment Authority and all references to "Commission" shall mean the Downtown Development Review Board.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 98-678-E, § 3; Ord. 2007-564-E, § 6; Ord. 2012-364-E, § 10)