2026.07.06 ORD 2026-549 Replace Zoning and Land Use Ordinance

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Created: 2025-05-22 16:40:51 [EST] (Supp. No. 36) Page 43 of 198 Sec. 90-41. Minor deviations. (a) The community development director or his designee may approve the following minor deviations from the construction limitations outlined in any zoning district where there is ample evidence that the minor deviation will not adversely affect the health, safety and welfare of the city, will not adversely affect neighboring property, where such action will not constitute the mere granting of a privilege, and where it can be demonstrated that the deviation is in keeping with good land use planning principles. When granting the minor deviation, the community development director or his designee may require additional open space, landscaping, or other compensating element to lessen the impact of the deviation: (1) Reduction of required setbacks for primary or accessory buildings to 75 percent of the stated requirement, except that side yard setbacks in a residential district shall not be reduced below ten feet. (2) Required setbacks for signs may be reduced to five feet from the public right-of-way. (3) Required setbacks of paved areas from a property line other than a public street right-of-way may be reduced to zero if existing or proposed development on the adjacent parcel justifies the reduction. (4) The maximum size of accessory buildings may be increased to 125 percent of the stated requirement. (5) The number of parking spaces may be reduced by up to ten percent of the stated requirement. (6) The location of accessory buildings in the A, LA, RR and FUS districts may be placed in front of a residence, provided that the building is effectively screened from view from the public right-of-way and adjacent property by landscaping or other natural features. (b) Denial of any minor deviation request may be appealed to the board of zoning appeals by following the procedures outlined in section 90-37. (Prior Code, § 90-39; Ord. No. 2007-413, § 1(1015-090.2), 11-19-2007) Sec. 90-42. Zoning amendments. (a) Applications for a zoning amendment shall be made to the community development director or designee on forms provided by the city. To be considered complete, the application shall include: (1) The applicant's name, address, and telephone number. (2) The legal description and address of the property to which the zoning amendment shall apply. (3) Proof of ownership of the property to which the amendment shall apply. Only the property owner may apply for a zoning amendment, and all owners of record must sign the application and agree to the amendment. (4) Copies of any previous variances, site plan approvals, conditional use permits, or other permits issued to the site. (5) A statement as to the zoning classification requested for the property. (6) A detailed explanation of why the rezoning is requested. (7) A topographic survey of the property and adjacent property within 300 feet, prepared by a registered land surveyor, at a scale not less than one inch equals 100 feet with two-foot contour intervals. The plan shall show the location of public streets and public utilities in relation to the property. (8) A wetlands delineation of the property.