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Home My WebLink About02152008 ZPCAgenda Item 2 i • § 10-104 WEST UNIVERSITY PLACE MUNICIPAL CODE taking into account the proposed use of the building and the types of vehicles likely to serve it. However, there must be at least one loading area (10 wide by 30 feet long) for each 20,000 square feet of gross floor area, or fraction thereof, of building space likely to require loading space. Loading areas do not satisfy this section unless they are located within 200 feet (measured in a straight line horizontally) of the farthest point in the building space they serve. ARTICLE 11. VARIANCES AND SPECIAL EXCEPTIONS Section 11-100. General. (a) Variances. The ZBA may grant variances only in those instances specifically allowed by state law, subject to any limitations prescribed by this ordinance. In connection with the issuance of any variance, the applicant and the ZBA must comply with state law and this article. (b) Special exceptions. The ZBA may issue special exceptions only in those instances specifically allowed by this ordinance. In connection with the issuance of any special exception, the applicant and the ZBA must comply with this article. Section 11-101. Procedures. (a) Pre-application briefing. This subsection only applies to: (i) applications for special exceptions referred to in Table 7-1, and (ii) other applications which the administrative official determines could have a significant effect upon nearby prop- erties. Before filing such an application, the applicant must give notice and conduct a public briefing. Notices must be mailed to: (i) all owners of property located in whole or in part within 200 feet of the site, (ii) all City utility ratepayers for premises located in whole or in part within 200 feet of the site, (iii) the City Secretary, and (iv) the administrative official. Notices must be mailed no later than the 10th day preceding the date of the briefing. The briefing must be open to the public and held within one mile of the site. At the briefing, the applicants must: (i) describe the proposed structures and uses, the application documents and the application process, (ii) describe the possible alternative locations and designs and state why they were rejected, (iii) solicit suggestions from persons at the meeting, and (iv) keep detailed written minutes showing the names and addressees of all persons notified, all attendees and a synopsis of the matters discussed. (b) Application. The applicant for a variance or a special exception must submit to the ZBA all of the following: (1) A written application signed by the owner of the site in question and the proposed operator, if different. Exception: The administrative official may waive or modify this requirement for publicly-owned, jointly-owned or leased sites. This application must identify the specific provision of this ordinance from which a variance is requested or the specific provision which authorizes the special exception requested, as the case may be. The ZBA may prescribe the form of the applications. OC Correction CDA:64 - i ~ APPENDIX A-ZONING ORDINANCE § 11-102 (2) Proof of ownership in a form satisfactory to the ZBA. (3) A plat prepared by a registered public surveyor showing the site in question, areas adjacent to the building site, existing structures and proposed struc- tures. If substantially the same information is shown on any plat required by Chapter 74 of the Code of Ordinances, such plat may be accepted by the ZBA. (4) If requested by the ZBA or the administrative official, a traffic and parking analysis conforming to requirements as to scope, format and authorship as may be prescribed by the ZBA or administrative official. (5) Such other materials and information required by this ordinance or requested by the ZBA or the administrative official. (6) The filing fee for the type of application question. (c) Third-party reviews. If required by the administrative official or the ZBA, the application may be submitted to a third-party consultant, advisor or expert. Unless otherwise prescribed by the administrative official or the ZBA, the cost of such review must be paid by the applicant in advance. Such review could be requested to resolve technical or regulatory issues raised by the application, including: (i) accuracy and completeness of applications, (ii) analysis techniques and methodologies, (iii) validity of conclusions reached, (iv) other technical or regulatory issues. To provide time for such review, any hearing may be postponed or continued. (d) Notice and hearing. Before issuing or modifying any variance or special exception, the ZBA must provide notice and an opportunity for any interested person to be heard. The notice shall be given in a form prescribed or approved by the ZBA, on or before the tenth day preceding the hearing, as follows: (1) By mailing a copy of the notice to the owners of building sites located within the City and located in whole or in part within 200 feet of any part of the building site upon which the variance or special exception is sought, as such owners are shown on the most recent tax roll of the City. (2) By publishing the notice in a newspaper of general circulation in the City, unless the ZBA requires that a notice be posted on the building site in question, in which case the notice shall be posted as prescribed by the ZBA. (3) The ZBA may prescribe additional notice for hearings or rehearings of a matter for which notice is initially given as prescribed above, and if additional notice is prescribed, the ZBA may also prescribe the form and manner of giving any such additional notice. Section 11-102. Findings. (a) Variances. The ZBA may not issue or modify a variance unless all of the following circumstances are present: (1) The ZBA has made all findings and determinations required by state law for the granting of a variance. OC Correction CDA:65 0 . • § 11-102 WEST UNIVERSITY PLACE MUNICIPAL CODE (2) The ZBA has made any additional findings and determinations required by a specific provision of this ordinance which relates to the variance. (3) The variance has been reduced to writing and includes any conditions prescribed by the ZBA or required by this ordinance for the variance in question. (b) Special exceptions. The ZBA may not issue or modify a special exception unless all of the following circumstances are present: (1) The ZBA has determined that the proposed special exception will not cause any significant increase in on-street parking, will not cause any substantial traffic congestion, will not cause any substantial increase in traffic or an unreason- able burden upon utility systems or upon any other public facility or public service. (2) The ZBA has determined that the proposed special exception will be in harmony with the general purpose and intent of this ordinance. (3) If the proposed special exception involves a bar, the ZBA has found that the applicant has clearly demonstrated that there is a readiness, willingness and ability to comply with all applicable laws, rules, regulations and ordinances relating to alcoholic beverages. (4) The ZBA has made any additional findings and determinations required by a specific provision of this ordinance. (5) The special exception has been reduced to writing and includes any conditions prescribed by the ZBA or required by this ordinance for the special exception in question. Section 11-103. Conditions; Time Period; Etc. The ZBA may prescribe conditions in connection with any variance or special exception to the extent necessary to enable the ZBA to make any of the findings or determinations necessary for the granting or issuance of the variance or special exception or to the extent otherwise necessary to minimize or diminish any adverse effects of the variance or special exception. Variances and special exceptions may be issued for a temporary period. All variances and special exceptions shall remain subject to the regulatory jurisdiction of the City, and none shall be deemed to grant any property right or vested right of any kind. Section 11-104. Variances for old stock housing. The ZBA may consider protection or preservation of old stock housing as a factor in determining whether the "hardship" test for a variance is met, either for such housing as it then exists or as it may be proposed to be remodeled or expanded (up to a total gross floor area, for all buildings, of 3,400 square feet). (Ord. No. 1798, § 1(ex. A), 5-23-2005) OC Correction CDA:66