§ 2.5. USES PERMITTED WITH ADMINISTRATIVE APPROVAL
2.5.1
Purpose
This procedure has been developed to permit certain uses, in certain districts, to be approved by the Development Review Board/Zoning Administrator when such uses meet established standards as set forth below. The Development Review Board/Zoning Administrator shall not vary any of the applicable conditions. Uses permitted with administrative approval include:
A.
Neighborhood Stores (see 5.3.3.E)
B.
Child care homes
C.
Family care facilities
D.
Group care facilities
E.
Parks - passive recreation (see 5.3.2.E)
2.5.2
Procedures and Appeals
A.
Upon receiving an application for a use with administrative approval, the Development Review Board/Zoning Administrator shall process the application to determine its conformity with the applicable standards. If the land and its structures meet the standards, the permit shall be granted. If the land and its structures do not meet the standards, the permit shall be denied. The standards may not be varied in considering the application.
B.
Appeals from any decision of the Development Review Board/Zoning Administrator concerning the granting or revocation of use with administrative approval shall be to the Zoning Board of Appeals pursuant to 2.7; provided, however, that the Zoning Board of Appeals shall not have the authority to grant a variance of any of these standards or requirements necessary to obtain the use with administrative approval.
C.
Applications of uses permitted with administrative approval that do not meet the established standards may be submitted by the applicant for approval, pursuant to the special use process (see 2.9).
2.5.3
Initiation and Application
Any person owning or having an interest in the subject property may file an application to use such land for a use permitted with administrative approval provided for in this ordinance in the zoning district in which the land is situated. Such application shall be submitted to the Development Review Board/Zoning Administrator together with the application fee and such proof that the land and the structure comply with the requirements set forth for the permit, as the Development Review Board/Zoning Administrator may require, including a site plan of the subject property.
2.5.4
Group Occupancy Uses Established Prior to March 6, 1984
Group Occupancy uses established prior to March 6, 1984, which presently are required by this ordinance to obtain administrative approval may continue such use if application to the Zoning Administrator was made prior to September 1, 1984 with proof that the use existed prior to said date and proof that the minimum off-street parking spaces as required prior to March 6, 1984 have been provided. The nonconforming use provisions as set forth in Chapter 9.0 Nonconformities, shall not apply. Any property for which an application has not been received by September 1, 1984 shall be required to meet the standards specified in 2.5.8.
2.5.5
Term of Approval
A.
In any case where a use permitted with administrative approval has not been established within six months after the granting of the permit, then without further action by the City, the use permitted with administrative approval shall be null and void.
B.
If a use permitted with administrative approval, including an existing use, has been discontinued for a period of one year or more, it shall not be re-established without obtaining new approval as provided for in 2.5.8.
2.5.6
Revocation
The Development Review Board/Zoning Administrator may revoke a use granted with administrative approval upon giving the owner and any interested persons who applied for the use at least ten days written notice of the grounds for revocation. The grounds for which a use permitted with approval may be revoked are:
A.
The owner or interested person applying for the use has knowingly furnished false or misleading information or withheld relevant information on any application for any use or knowingly suffered or caused another to furnish or withhold such information on their behalf;
B.
The owner, agent, employee, officer, tenant, licensee or occupant has violated any of the provisions of this section, or that the property no longer complies with the standards necessary to obtain a use with administrative approval; provided, however, that the Zoning Administrator shall give at least ten days prior written notice to the owner of the alleged violation of the manner in which the property no longer complies with the standards, with the opportunity to correct the problem during said time provided further, however, that violations of Chapter 9.0, Nonconformities, shall not be cause for revocation;
C.
The property owner shall be responsible for the acts of their agents, employees, officers, tenants, licensees, and occupants.
D.
The property has become a nuisance as that term is defined below.
2.5.7
Nuisance
A property shall be considered a nuisance when any of the following shall occur:
A.
The owner, agents, employees, officers, tenants, licensees or occupants have been convicted of three or more violations of this development code for occurrences in any twelve-month period arising out of the use of said property or occurring on said property.
B.
The owner has received three or more notices for the property from the Zoning Administrator during any twelve-month period which have not resulted in revocation of the use granted with administrative approval due to the fact that the owner has corrected the alleged violation.
2.5.8
Group Occupancy
A.
Purpose
1.
In order to accomplish the purpose and intent of this development code, the City has adopted regulations limiting the density, bulk, and number of dwelling units in each of the residential districts. This development code also limits the occupancy of each dwelling unit to a single family.
2.
In order to accomplish these objectives without prohibiting those group occupancies which are compatible with the neighborhoods in which they are located, and without unlawful restrictions against protected populations, the City adopts the following provisions set forth below.
B.
Group Occupancies Permitted with Administrative Approval
1.
Family Care Facility and Group Care Facility. A non-medical facility for the housing of no more than eight unrelated persons (inclusive of residential staff), who due to advanced age, handicap, impairment due to chronic illness, or status as a minor who is unable to live with parents or guardians, require assistance and/or supervision, and who reside together in a family-type environment as a single, housekeeping unit. Excluded from the definition of family care facility are homes established for or occupied by residents who are permitted to live in halfway houses including residences in which residents are criminal offenders in work release sentence or on parole or probation, or persons who use or are addicted to a controlled substance.
2.
A group care facility is the same as a family care facility but may provide housing for no more than 15 persons.
C.
Standards for Group Care Facilities and Family Care Facilities
No use permitted with administrative approval shall be approved by the Zoning Administrator unless the standards as set forth 5.3.1.C are met.
D.
Revocation of Administrative Approval for Group Occupancy
Administrative approval of a group occupancy shall be revoked in the event the Zoning Administrator determines it has not been operated in conformance with the standards as set forth 5.3.1.C or other requirements of this development code. The Zoning Administrator shall conduct a hearing prior to revoking any such approval. An appeal of any such revocation shall be heard by the Zoning Board of Appeals.
2.5.9
Child Care Homes
A child care home, which by definition provides care for eight or less children, including any children who may reside in the home, shall be a permitted use with administrative approval in all residential districts when they meet the conditions set forth in 5.3.2.A. Such child care homes shall be accessory uses to the dwelling structure. Only family members of the dwelling resident may be employed. Such family members must also reside in the dwelling unit in which the child care home operates. Child care homes shall conform to all applicable state and local statutes, ordinances and regulations.