§ 27-51. Minor use approvals.

(a)

Minor use approval defined. For purposes of this subsection (a), "minor use approval" shall mean the following:

(1)

For permitted uses. An addition to an existing building, or a new building, having a gross floor area less than or equal to the applicable gross floor area requirements referenced in the minor use approval matrix. When a permitted use, regardless of size, is proposed for an existing building which has sufficient off-street parking and where the exterior of the building will not be modified, an approval is not required under this subsection; instead, the matter will be reviewed either in the context of an application for a business receipts tax or an application for a building permit for interior renovations.

(2)

For conditional uses. An addition to an existing building, or a change of use located entirely within an existing building, having a gross floor area equal or less than the applicable floor area requirements referenced in the minor use approval matrix.

(3)

For use variance. A change of use located entirely within in an existing building having a gross floor area equal or less than the applicable floor area requirements referenced in the minor use approval matrix.

(4)

Other minor use approvals. The city may, by ordinance, define other types of minor use approvals which can be approved pursuant to the provisions of this subsection (a) and the additional criteria, if any, that shall be used to evaluating such matters.

(b)

Except for parking, all principal and accessory uses shall be conducted within a completely enclosed building.

(c)

Criteria for approval. In addition to other standards and criteria in this Code of Ordinances that apply to the proposed development (e.g., conditional use law as same pertains to conditional uses, use variance law as same pertains to use variances, etc.), the decision maker considering a minor use approval shall consider:

(1)

Whether the minor use approval will or may adversely affect the peaceful enjoyment of the surrounding property;

(2)

Whether there is any probability of an increase of any objectionable noise, vibration, fumes, odor, glare or physical activity;

(3)

Whether insufficient on-site parking will result and whether traffic conditions on-site, off-site, or both, will be adversely affected;

(4)

Whether the proposed minor use may overburden existing public services and facilities, including schools, police and fire protection, water, sanitary sewer, public roads, storm drainage and other public services or infrastructure; and

(5)

The character of the proposed minor use and the character of the surrounding property.

(d)

Minor use approval matrix. The minor use approval matrix is set forth below.

Gross Sq. Ft.	Type of Use	Advisor	DM	CA
y ≤ 2500	PU	None	DPZED	3
2500< y ≤ 4000	PU	DDH	DPZED	8
4000< y ≤ 6000	PU	DDH	PAC	8
x ≤ 2500	CU	None	DPZED	3
2500 < x ≤ 4000	CU	DDH	DPZED	8
4000 < x ≤ 6000	CU	DDH	PAC	8
y ≤ 2000	CU	None	DPZED	3
2000 < y ≤ 3500	CU	DDH	DPZED	8
3500 < y ≤ 5000	CU	DDH	PAC	8
x ≤ 1800	UV	DDH	DPZED	8
1800 < x ≤ 3000	UV	DDH	DPZED	8
3000 < x ≤ 4000	UV	RC	PAC	14

 

X = Gross square feet of use without a modification of the building footprint or without an increase in building floor area (i.e., "interior").

Y = Gross square feet of use with a modification to the building footprint or an increase in floor area (i.e., "addition").

DM = Decision maker. The person or committee authorized by this section to make the approval, subject to any elected official's right to require a full review as provided in subsection (e) below.

DPZED = Director of planning, zoning and economic development.

RC = Review committee.

PAC = Plans adjustment committee.

CA = Copies of plans required with application materials.

PU = Permitted use.

CU - Conditional use.

UV = Use variance.

DDH = The following development department heads (or their designees): city engineer; city building official; director of design, landscape, and construction management; city fire chief; city utilities director; director of planning, zoning and economic development.

(e)

The DDH and police chief may approve as a minor use approval an application for the modification of a private street, private right-of-way or private driveway which has been filed pursuant to section 23-25 of this Code and which has completed all review and obtained all approvals except that of the city's governing body as otherwise required by such section and the county, if required. In order to approve the application under this subsection, the DDH and police chief are required to all concur that the applicable requirements in this paragraph are met, in addition to considering the criteria set forth in subsection (c) above, to wit: (i) the proposed modification promotes efficiencies of traffic movements to and from the site, within the site, and to and from surrounding property; (ii) the proposed modification promotes safety in avoiding conflicts among different types of right-of-way users (e.g., vehicles, bicycles, or pedestrians); (iii) the proposed modification does not adversely affect the city's capability to quickly and efficiently provide law enforcement, fire suppression, and emergency medical rescue response or service to the site, within the site, and to and for surrounding property; (iv) the proposed modification does not adversely affect the city's disaster or flood response or recovery capabilities to the site, within the site, and to and for surrounding property; (v) there are no foreseeable adverse impacts to the city's various forms of utilities service, or to other franchised or authorized utilities or service providers, with respect to providing such services to the site, within the site, or to or for surrounding property; (vi) the proposed modification does not present reasonably foreseeable material adverse impacts to the site, within the site, or to or for surrounding property; (vii) the proposed modification meets applicable civil engineering, construction, and regulatory requirements; (viii) the proposed modification does not materially impact the location, arrangement, or design of any building or structure or off-street parking and loading area for which a separate site plan review and approval is desired; (ix) the private street, private right-of-way, or private driveway affected by the application does not appear to be part of an original development scheme where property in other subdivisions or planned communities was proposed for development (or approved for development) in a manner that contemplated use of the affected roadway by owners of such other subdivided or planned community property; and (x) for any "dead ends" created by the proposed application, that culs-de-sac are provided which meet the requirements of construction as set forth in chapter 23 of this Code. In the event an application is not approved pursuant to this subsection, it shall be considered in accordance with the requirements of chapter 23 of this Code, such that it will not be referred to the plans adjustment committee.

(f)

Director deliberations. A DPZED decision with respect to a minor use approval is a discretionary administrative decision. No hearing shall be required. In those cases where development department head advisory review is required, said review may take place without a meeting. If a development department head does not indicate his or her approval of an application for minor use approval within seven (7) days of receiving the application from DPZED, he or she shall be deemed to have objected to the application. The DPZED shall encourage the applicant to meet with any objecting development department head to determine if concerns can be met.

(g)

Referral to plans adjustment committee. If the DPZED does not wish to approve an application for minor use approval, it may be referred by the DPZED to the plans adjustment committee.

(h)

Effect of denial. In the event the DPZED does not approve an application for minor use approval, such lack of approval shall be without prejudice, and the property owner may file such applications as may be available to have the substance of the request considered de novo by proper practices and procedures other than those contained in this subsection (a).

(i)

Elected official "call up" procedure—City governing body review. A DPZED decision to approve a minor use approval shall become final fourteen (14) days after it is reduced to writing and: (i) placed in the mail addressed to the applicant; (ii) only when the application involves a conditional use or use variance or is an application described under subsection (e) above, placed in the mail addressed to all property owners as disclosed by the most recent tax roll within three hundred (300) feet of the property for which the minor approval was granted; and (iii) transmitted to the elected officials by facsimile or interoffice mail. The notice of the decision must advise the addressees of the right of any elected official to require the city governing body's quasi-judicial consideration of the matter, provided an elected official makes a request of the city clerk during such fourteen-day time period to advertise the matter for consideration at the next reasonably available city council meeting. The city's regular advertising requirements shall apply to the city council meeting at which the item will be considered (i.e., proposed changes to site plans shall be advertised in the same manner as site plan approvals, proposed conditional uses shall be advertised in the same manner as conditional uses, proposed use variances shall be advertised in the same manner as use variances, etc.), and at such advertised meeting, the city governing body may approve or deny the application.

(Ord. No. 2457, § 2, 6-22-2011)