Chapter 17.09

ADMINISTRATION

Section:

17.09.010 Development Plan Review

17.09.030 Conditional Use Permit

17.09.040 Variances

17.09.050 Amendments

17.09.055 Zoning of Annexed Lands

17.09.060 Administrative Interpretation - Generally

17.09.070 Appeal of Administrative Interpretations

17.09.080 Revocation of Permits or Variances

17.09.300 Responsibility for Establishment of Lot Lines & Setback Lines

17.09.010 Development Plan Review:

A. Review of development plans shall be carried out by the Town Planner, Town Engineer, and Building Inspector for all buildings and structures hereafter erected, constructed, structurally altered, repaired or moved within or into any district requiring development plan review and whenever a Town permit is required, and for the use of vacant land or for a change in the character or the use of land or buildings, within any district requiring development plan approval.

B. The development plan review is an administrative review, the primary purpose of which is to define and describe the needs of the particular site covered by a development plan in reference to the requirements of this title. In addition to the requirements of this title, the Town Council shall approve a development plan only after the following standards, as a minimum, when applicable, have been incorporated into the development plan:

1. Storm drainage must be handled by each proposed development in conformance with existing storm drainage plans and in conformance with Town policies for storm drainage.

2. A planned street system is a primary element of any development plan proposed within the Town and must be compatible with the Town's circulation plans. Development which is proposed in areas of the Town which have a planned street system which is a part of the comprehensive plan or the Town's six-year plan, and any other street plan, shall make provisions for such streets and must not cause implementation of such street plans to become unattainable because the street plan is considered secondary to the development plan.

3. A pedestrian circulation system must become a part of any development plan when the proposed development will generate or attract pedestrians. The Planning Commission shall conduct site plan review to ensure that adequate parking is provided within close proximity to each unit entrance.

4. The proposed development shall be compatible with existing development adjacent to or within three hundred (300) feet of the property line of the proposed development. Compatibility shall not refer to architectural design features, but to siting of building and location of offstreet parking.

5. Efforts shall be made to preserve natural vegetation, creeks or other environmental amenities.

6. The Town Planner shall determine that the proposed development meets the provisions of the zoning code, Chapter 17.04 of this Code.

7. All fees shall refer to the Current Rate and/or Fee Resolution.

17.09.030 Conditional Use permit:

A. Purpose:

1. Conditional use permits, revocable, conditional or valid for a time period may be issued by the Town Council for any of the uses or purposes for which such permits are required or permitted by the terms of this title. The purpose of the conditional use permit is to allow the proper integration into the community of uses which may be suitable only on certain conditions in specific locations in a zoning district, or if the site is regulated in a particular manner.

2. Any use existing at the time of adoption of this title which is within the scope of uses permitted by a conditional use permit in the district in which the property is situated shall be deemed a conforming use without necessity of a conditional use permit.

3. Any expansion of any existing conditional use may be required to apply for a new conditional use permit if the Town Planner finds that there is a change in the nature of the use by such expansion.

B. Application:

1. The owner or his agent may make application for a conditional use permit, which shall be on a form prescribed by the Town Planner and filed with the Town Clerk. The application shall be submitted at least thirty (30) days prior to the next regularly scheduled public hearing date, and shall be reviewed by the Planning Commission within forty-five (45) days of the date of the application; provided, however, that this period may be extended in any case for which an environmental impact statement is required.

2. Development plans shall be submitted, drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location on the lot of the proposed building or alteration. The plans shall show proposed landscaping, offstreet parking, signs, ingress and egress and adjacent land uses. The plan shall include other information as may be required by the Town Planner.

C. Public hearing: The Planning Commission shall hold a public hearing on any proposed conditional use, and shall give notice thereof in at least one (1) publication in the local newspaper at least ten (10) days prior to the public hearing.

1. Notice shall be given to all property owners within a radius of at least three hundred (300) feet. Such notice is to be sent ten (10) days prior to the public hearing. The failure of any property owner to receive the notice of hearing will not invalidate the proceedings.

2. Public notices shall be posted on one (1) conspicuous place on or adjacent to the property, which is the subject of the application at least ten (10) days prior to the date of the public hearing. Public notice shall be accomplished through use of a two (2) foot by two (2) foot plywood face generic notice board, to be issued by the Town Planner, and as follows: The applicant shall apply to the Town for issuance of the notice board, and shall deposit with the Town Clerk the amount of money as specified in the Current Rate and/or Fee Resolution. The applicant shall be responsible for placement of the notice boards in one (1) conspicuous place on or adjacent to the property, which is the subject of the application at least ten (10) days prior to the date of the public hearing. The Town Council shall post laminated notice sheets and vinyl information packets on the board not later than ten (10) days prior to the hearing. Upon return of the notice board in good condition to the Town Clerk by the applicant, an amount of dollars of the initial notice board deposit shall be refunded to the applicant as specified in the Current Rate and/or Fee Resolution.

D. Standards and criteria for granting: A conditional use permit shall only be granted after the Planning Commission and the Town Council has reviewed the proposed use to determine if it complies with the standards and criteria listed in this subsection. If such finding is made, only the Town Council shall grant a conditional use permit.

1. The proposed use in the proposed location will not be detrimental to other uses legally existing or permitted outright in the zoning district.

2. The size of the site is adequate for the proposed use.

3. The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity.

4. The other performance characteristics of the proposed use are compatible with those of other uses in the neighborhood or vicinity.

5. Adequate buffering devices such as fencing, landscaping or topographic characteristics protect adjacent properties from adverse effects of the proposed use, including adverse visual or auditory effects.

6. The other uses in the vicinity of the proposed site are such as to permit the proposed use to function effectively.

7. The proposed use complies with the performance standards, parking requirements and other applicable provisions of this title.

Any other similar considerations may be applied that may be appropriate to a particular case.

E. Action of the Planning Commission:

1. Special conditions may be imposed on the proposed development to ensure that the proposed use will meet the standards and criteria of subsection D. of this section in granting a conditional use permit. Guarantees and evidence that such conditions are being complied with may be required.

2. If the proposal also involves the requirement to obtain exceptions to development standards, the Town Council may approve, modify or deny conditional exceptions to those developments standards, including height, unique structures, signage and setbacks, when considering a conditional use permit application for that same proposal.

F. Appeals: The decision of the Town Council shall be final, unless an appeal is filed with the Town Clerk within ten (10) days after the Town Council's decision. The appeal shall be in writing to the Town Council and filed with the Town Clerk.

G. Period of validity: Any conditional use permit granted by the Town Council shall remain effective only for one (1) year unless the use is begun within that time or construction has commence. If not in use or construction has not commenced within one (1) year, the conditional use permit shall become invalid.

17.09.040 Variances:

The Town Council shall have the authority to grant a variance where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this title might result from the strict application of certain provisions. A variance may not be granted to allow a use that is not in conformity with the uses specified by this title for the district in which the land is located.

A. Application: The owner or his agent may make application for a variance, which shall be on a form prescribed by the Town Planner and filed by the Town Clerk. The application shall be submitted at least thirty (30) days prior to the next regularly scheduled public hearing date, and shall be heard by the Planning Commission within forty-five (45) days of the date of the application; provided however, that this period may be extended in any case for which an environmental impact statement is required.

B. Public hearing: The Planning Commission shall hold a public hearing on any proposed variance, and shall give notice thereof in at least one (1) publication in the local newspaper at least ten (10) days prior to the public hearing.

1. Notice shall be given to all property owners within a radius of at least three hundred (300) feet. Such notice is to be sent ten (10) days prior to the public hearing. The failure of any property owner to receive the notice of hearing will not invalidate the proceedings.

2. Public notices shall be posted in one (1) conspicuous place on or adjacent to the property, which is the subject of the applications at least ten (10) days prior to the date of the public hearing. Public notice shall be accomplished through use of a two (2) foot by two (2) foot plywood face generic notice board, to be issued by the Town Planner, and as follows: The applicant shall apply to the Town for issuance of the notice board, and shall deposit with the Town Clerk the amount of money as specified in the Current Rate and/or Fee Resolution. The applicant shall be responsible for placement of the notice board in one (1) conspicuous place on or adjacent to the property, which is the subject of the application at least ten (10) days prior to the date of the public hearing. The Town Planner shall post laminated notice sheets and vinyl information packets on the board no later than ten (10) days prior to the hearing. Upon return of the notice board in good condition to the Town Planner by the applicant, an amount of dollars of the initial notice board deposit shall be refunded to the applicant as specified in the Current Rate and/or Fee Resolution.

C. Conditions for granting: Before any variance may be granted, it shall be shown and the Town Planner shall find that:

1. The variance shall not constitute a grant of special privileges inconsistent with a limitation upon uses of other properties in the vicinity and zone in which, the property on behalf of which the application was filed is located,

2. Such variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and

3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.

D. Town Council Action: The decision of the Town Council shall be final and conclusive, unless within ten (10) days from the date of action the original applicant or an adverse party makes an appeal to the Town Council. This appeal should be in writing to the Town Council and filed with the Town Clerk.

The decision of the Town Council shall be final and conclusive unless within ten (10) days from the date of action the original applicant or an adverse party files application to the county superior court for a writ of certiorari, writ of prohibition or writ of mandamus.

E. Period of validity: Any variance authorized by the Town Council shall remain effective only for one (1) year, unless the use is begun within that time or construction has commenced. If not in use or construction has not commenced within one (1) year, the variance shall become invalid.

F. The fee for the variance and an appeal shall be set by resolution.

17.09.050 Amendments:

This title may be amended by the Town Council by changing the boundaries of zoning districts (rezones which change the official zoning map) or by changing any other provisions thereof (text amendments which add, delete or otherwise modify the text of this title) whenever the public necessity and convenience and the general welfare require such amendment, by following the procedures of this section.

A. Initiation: An amendment may be initiated as follows:

1. Amendments to the text of this title and official zoning map amendments may be initiated by resolution of intention by the Town Council. Text amendments are heard by the Planning Commission and recommended to the Town Council for final approval.

2. Amendments to the text of this title may be initiated by resolution of intention by the planning commission.

3. Official zoning map amendments (rezones) may be initiated by application of one (1) or more owners, or their agents, of the property affected by the proposed amendment, which shall be made on a form prescribed by the Town Planner and filed with the Town Clerk. The application shall be submitted at least thirty (30) days prior to the next regularly scheduled public hearing date, and shall be heard by the Planning Commission within forty-five (45) days of the date of the application provided; however, that this period may be extended in any case for which an environmental impact statement is required.

B. Public hearing: The Planning Commission shall hold at least one (1) public hearing on any proposed amendment, and shall give notice thereof in at least one (1) publication in the local newspaper at least ten (10) days prior to the public hearing.

1. Notice shall be given to all property owners within at least three hundred (300) feet and, when determined by the Town Planner, a greater distance from the exterior boundaries of the property which is the subject of the application. Such notice is to be sent ten (10) days prior to the public hearing. The failure of any property owner to receive the notice of hearing will not invalidate the proceedings.

2. Public notices shall be posted in one (1) conspicuous place on or adjacent to the property, which is the subject of the application at least ten (10) days prior to the date of the public hearings. Public notice shall be accomplished through use of a two (2) foot by two (2) foot plywood face generic notice board, to be issued by the Town Planner, and as follows: The applicant shall apply to the Town for issuance of the notice board, and shall deposit with the Town Clerk the amount of dollars as specified in the Current Rate and/or Fee Resolution. The applicant shall be responsible for placement of the notice boards in one (1) conspicuous place on or adjacent to the property, which is the subject of the application at least fourteen days prior to the date of the public hearing. The Town Planner shall post laminated notice sheets and vinyl formation packets on the board no later than fourteen (14) days prior to the hearing. Upon return of the notice board in good condition to the Town Clerk by the applicant, an amount of dollars of the initial notice board deposit shall be refunded to the applicant as specified in the Current Rate and/or Fee Resolution.

C. Standards and criteria for granting a request for rezone: The Planning Commission and Town Council shall use the following standards and criteria to evaluate a request for rezone. Such an amendment shall only be granted if the Town Council determines that the request is consistent with these standards and criteria.

1. The proposed rezone is consistent with the Comprehensive Plan.

2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity.

3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts, which cannot be mitigated.

4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone.

5. The proposed rezone will not adversely affect the health, safety and general welfare of the Town.

E. Recommendation of planning commission: Following the public hearing provided for in this section, the Planning Commission shall make a report of findings and recommendations with respect to the proposed amendment and shall forward such to the Town Council, which shall have the final authority to act on the amendment.

F. Town Council action:

1. Within thirty days (30) of receipt of the Planning Commission's recommendation, the Town Council shall, at a regular public meeting, consider the recommendation.

2. If the Town Council denies the application for an amendment, the application shall not be eligible for re-submittal for one (1) year from date of the denial, unless specifically stated to be without prejudice. A new application affecting the same property may be submitted if, in the opinion of the Planning Commission, circumstances affecting the application have changed substantially.

17.09.055 Zoning of Annexed Lands:

A. Purpose: It is the purpose of this section to provide a procedure to ensure that the initial zoning of annexed territories is in conformance with Town goals, policies and plans.

B. Determination of Town Council: Whenever the Council shall determine that the best interest and general welfare of the Town would be served by annexing territory, the Town Planner will cause an examination to be made of the Comprehensive Plan of the Town. If the Town Planner determines that there is no Comprehensive Plan or the Comprehensive Plan is not current for the area of the proposed annexation, the Town Planner will cause an application to be made to the Planning Commission for an update of the comprehensive plan. If the Town Planner determines that a current comprehensive plan exists for the area of the proposed annexation, the Town Planner will cause an application to be filed with the Planning Commission for an initial zoning recommendation.

C. Recommendation of planning commission: Upon application by the Town Planner, the Planning Commission shall hold at least one (1) public hearing to consider the Comprehensive Plan for the area of the proposed annexation. Notice of the time, place and purpose of such hearing shall be mailed to all property owners in the area to be annexed and given by publication in a newspaper of general circulation in the Town and in the area to be annexed at least ten (10) days prior to the hearing. Within fourteen (14) days of the conclusion of the hearing, the Planning Commission shall make written findings from the record and conclusions there from as to the initial zoning of the area of the proposed annexation. The decision of the Planning Commission shall be limited to recommending initial zoning designations, which are consistent with the current comprehensive plan. The Planning Commission shall file the decision with the Town Council at the expiration of the period provided for a rehearing, or within fourteen (14) days of the conclusion of a rehearing if a rehearing is conducted.

D. Town Council Action:

1. Comprehensive plan and/or initial zoning: Within forty-five (45) days of the receipt of the recommendation from the Planning Commission for the comprehensive plan for the area of the proposed annexation, the Town Council shall consider the Comprehensive Plan at a public meeting. The Council may approve or disapprove the comprehensive plan as submitted, modify and approve as modified, or refer the Comprehensive Plan back to the Planning Commission for further proceedings. If the matter is referred to the Planning Commission, the Council shall specify the time within which the Planning Commission shall report back to the Council with findings and recommendations on the matters referred to it. An affirmative vote of not less that a majority of the total members of the Council shall be required for approval. Upon approval of the Comprehensive Plan for the area of the proposed annexation, the Town Planner shall cause an application to be made to the Planning Commission for recommendations for initial zoning pursuant to the procedures set forth in this section if the ordinance adopting the initial zoning may provide that it will become effective upon the annexation of the area into the Town. The Town Clerk shall file a certified copy of the ordinance and any accompanying maps or plats with the county auditor.

17.09.060 Administrative Interpretation – Generally:

The Town Planner may make interpretations of the provisions of this title. Such administrative interpretations shall include determinations of uses permitted in the various districts, and approval or disapproval of development plans and zoning permits. Other interpretations may be made as specific circumstances arise which require such interpretations. The purpose of such administrative interpretations is to provide a degree of flexibility in the administration of this title while following the intent of the Town Council.

17.09.070 Appeal of Administrative Interpretations:

A. Any appeal of administrative decisions relating to the enforcement or interpretation of this title, unless otherwise specifically provided for in this chapter, shall be in writing, and shall be filed with the Town Clerk and the Town Council within ten (10) days after such decision, stating the reasons for such appeal.

B. The Town Council shall hear the appeal and render its decision within sixty days (60) after the filing of such appeal with the Town Clerk and Town Council.

17.09.080 Revocation of Permits or Variances:

Any zoning permit, planned unit development permit, conditional use permit or variance granted in accordance with the terms of this title may be revoked if any of the conditions or terms of such permit or variance are violated, or if any law or ordinance is violated in connection therewith.

17.09.300 Responsibility for Establishment of Lot Lines and Setback Lines:

Notwithstanding any provisions in this title to the contrary, the Town shall have no duty to verify or establish lot lines or setback lines at a development. The location of lot lines or setback lines at a development and construction related thereto shall be the responsibility of the applicant and owner.