The text
CHAPTER 3 - PLANNING COMMISSION#
2-3-1: - CREATED:#
There is hereby created a planning commission for the city, pursuant to the municipal land use development and management act of the state, which said planning commission shall have the powers and perform the duties as prescribed by statute and applicable ordinances of the city.
(Ord. 752, 1-19-2010)
2-3-2: - MEMBERSHIP:#
The planning commission shall consist of seven (7) members to be appointed by the mayor by and with the advice and consent of the city council; with each of said members to serve for a term of four (4) years; provided, however, effective January 1, 2009, the mayor shall reappoint all members of the planning commission and their terms of office shall be as follows: one member shall be appointed to a one year term; two (2) members shall be appointed to a two (2) year term; two (2) members shall be appointed to a three (3) year term; and two (2) members shall be appointed to a four (4) year term and thereafter shall be appointed quadrennially, each to serve a term of four (4) years. The terms of office of the members of the planning commission expire on the first Monday of February on the years their respective terms end.
(Ord. 752, 1-19-2010)
2-3-3: - REMOVAL AND VACANCIES:#
Any member of the planning commission may be removed from office by the mayor with the concurrence of a majority of the members of the city council. Any replacement for a vacancy arising from the resignation or removal of an incumbent commissioner shall be appointed by the mayor by and with the advice and consent of the city council for the remainder of the vacant term.
(Ord. 752, 1-19-2010)
2-3-4: - OATH OF OFFICE:#
The members of the planning commission shall qualify by taking the constitutional oath of office and filing the same in the office of the city recorder.
(Ord. 752, 1-19-2010)
2-3-5: - CHAIRMAN DESIGNATED:#
The members of the planning commission shall designate one of its members to act as chairman; subject, however, to the approval of the mayor and the city council.
(Ord. 752, 1-19-2010)
2-3-6: - RULES OF PROCEDURE AND CONDUCT:#
The planning commission may adopt rules governing their procedures and conduct; provided that any such rules shall not be inconsistent with any governing law or ordinance. Should any provision of such rules conflict with any law or ordinance, that provision shall not be enforceable, but such conflict shall not affect the validity of the remaining rules.
(Ord. 752, 1-19-2010)
CHAPTER 4 - APPEAL AUTHORITY#
2-4-1: - APPOINTMENT, TERM AND REMOVAL:#
The appeal authority shall be a single individual, appointed by the mayor, with the advice and consent of the city council, for a term of three (3) years and thereafter may be appointed for succeeding three (3) year terms. The appeal authority may be removed for cause by the appointing authority upon written charges and after public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of the appeal authority whose term becomes vacant. A.
The appeal authority shall, as a minimum, have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings regarding land use, land development, and regulatory codes dealing with issues related to land use and have knowledge and familiarity with constitutional due process rights.
B.
The mayor may remove the appeal authority for cause upon receipt of written charges filed against the appeal authority and upon the advice and consent of the city council.
C.
In the case of death, resignation, removal or disqualification, the position of appeal authority shall be promptly filled by a replacement appointed by the mayor with the advice and consent of the city council for the unexpired term of the previous appeal authority.
D.
The appeal authority shall be considered an independent contractor.
E.
The mayor may, from time to time, appoint an appeal authority pro tempore on a temporary basis when necessitated by the absence, unavailability, incapacity or disqualification of the regularly appointed appeal authority, upon the advice and consent of the city council. Each appeal authority pro tempore shall, as a minimum, have qualifications which are similar to those specified in subsection A of this section.
(Ord. 757, 3-16-2010)
2-4-2: - ORGANIZATION AND MEETINGS:#
The appeal authority shall adopt rules in accordance with the provisions of state law, this chapter and any other applicable ordinance. Meetings of the appeal authority shall be held at such times as the appeal authority may determine. The appeal authority may administer oaths and compel the attendance of witnesses. All meetings of the appeal authority shall be open to the public. A.
Minutes; Records: The appeal authority shall keep minutes of its proceedings, and shall keep records of its examinations and other official actions; all of which shall be immediately filed in the office of the city recorder and shall be a public record.
B.
Routine, Uncontested Matters: The mayor, with the advice and consent of the city council, may appoint a zoning administrator to decide routine and uncontested matters of the appeal authority, in concurrence with the city attorney, as designated by the appeal authority, and pursuant to its established guidelines. Any person aggrieved by a decision of the zoning administrator may appeal the decision to the appeal authority, as provided in this chapter.
(Ord. 757, 3-16-2010)
2-4-3: - APPEALS:#
Appeals to the appeal authority may be taken by any person aggrieved by his inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this title. Appeals to the appeal authority may be taken by any officer, department, board or bureau of the city affected by the grant or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of this title. A.
Time to Appeal: Any appeal, pursuant to this section must be filed in writing with the city recorder within fourteen (14) calendar days of the issuance of the written decision applying the land use ordinance.
B.
Time for Hearing Appeal: The appeal authority should hear the appeal within fifteen (15) to thirty (30) days of the date the appeal was filed.
C.
Written Statement Setting Forth Theories of Relief Required: The appellant shall deliver to the appeal authority and all other participants, five (5) business days prior to the hearing, a written statement setting forth each and every theory of relief he intends to raise at the hearing, along with a brief statement of facts in support thereof.
D.
Condition Precedent to Judicial Review: No theory of relief may be raised in the district court unless it was timely and specifically presented to the appeal authority.
E.
Standard of Review and Burden of Proof on Appeal: The appeal authority shall, on appeal, presume that the decision applying the land use ordinance is valid and determine only whether or not the decision is arbitrary, capricious, or illegal. The burden of proof on appeal is on the appellant.
F.
Due Process Rights: The appeal authority shall respect the due process rights of each participant.
(Ord. 757, 3-16-2010)
2-4-4: - STAY OF PROCEEDINGS PENDING APPEAL:#
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the appeal authority after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, the stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the appeal authority or by the district court on application and notice and on due cause shown.
(Ord. 757, 3-16-2010)
2-4-5: - NOTICE OF MEETING ON APPEAL; RIGHT OF APPEARANCE:#
The appeal authority shall fix a reasonable time for the meeting of the appeal, give public notice thereof as well as due notice to the parties in interest and shall decide the same within a reasonable time. At the meeting, any party may appear in person or by agent or by attorney.
(Ord. 757, 3-16-2010)
2-4-6: - POWERS OF APPEAL AUTHORITY ON APPEAL:#
The appeal authority shall have the following powers: A.
Appeals: To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by administrative official or agency based on or made in the enforcement of this title.
B.
Special Exceptions: To hear and decide, in accordance with the provisions of this title, requests for "special exceptions" or for interpretation of the map or for decisions on other special questions on which such authority is authorized by this title to pass.
C.
Variances: To authorize, on an appeal, a variance from strict application of the regulations where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situations or conditions of such piece of property, the strict application of any regulations enacted would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of such property. The variance from such strict application can be granted so as to relieve such difficulties or hardships, provided such relief may be granted without substantial detriment to the public good and without substantial impairment to the intent and purpose of the master plan and this title. Before any variance may be authorized, however, it shall be shown that:
1.
The variance will not substantially affect the comprehensive plan of zoning in the city and that adherence to the strict letter of this title will cause difficulties and hardships, the imposition of which upon the petitioner is unnecessary in order to carry out the general purpose of the plan.
2.
Special circumstances are attached to the property covered by the application which do not generally apply to the other property in the same zone.
3.
Because of said special circumstances, property covered by the application is deprived of privileges possessed by other properties in the same zone; and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone.
D.
Nonconforming Uses: To permit the enlargement of, addition to, or relocation of a building or structure, nonconforming as to use regulations, as follows:
1.
For a nonconforming use located in a residential zone, the enlargement, addition or relocation shall either:
a.
Comply with all the height, yard and area requirements for a single-family dwelling in the zone in which the nonconforming building is located; or
b.
The proposed enlargement, addition or relocation will either:
(1)
Improve the area by increasing the off street parking; or
(2)
Improve the general appearance, convenience or safety of the area.
2.
For a nonconforming use located in any zone other than a residential zone, the enlargement, addition or relocation shall comply with all height, yard and area requirements for a main building, other than dwellings, in the zone in which it is located.
3.
Before granting a permit for any enlargement, addition or relocation as provided above, the appeal authority shall find in its public meeting that the proposed changes will not hinder or obstruct the attainment of the objectives listed in section 10-1-2 of this code more than does the existing nonconforming use.
E.
Nonconforming Yard, Height or Area Regulations: To allow those enlargements of, additions to or relocation of buildings and structures, nonconforming as to yard, height or area regulations, in those cases where an undue hardship will result to the owner of the land involved unless granted and the attainment of the objectives listed in section 10-1-2 of this code will not be hindered or obstructed, and provided the proposed enlargement, addition to or relocation of will either:
1.
Improve the area by increasing needed off street parking; or
2.
Improve the general appearance, convenience or safety of the area.
F.
Extension of Use: To permit, where a zone boundary line divides a lot in single ownership at the time of establishment of said boundary, a use authorized on either portion of such lot to extend to the entire lot, provided such permission shall not authorize the use to extend more than thirty-five feet (35') beyond the zone boundary line or extend to an area greater than five thousand (5,000) square feet beyond the said boundary line.
G.
Changes in Nonconforming Uses: To permit a nonconforming use to be changed to another use allowed in the same or a more restrictive zone than the one in which the nonconforming use would be allowed; provided, that the appeal authority finds in its public meeting that such change will not hinder or obstruct the attainment of the objectives listed in section 10-1-2 of this code more than does the existing nonconforming use.
H.
Use Permitted Without Street Frontage: To permit the construction and use of a dwelling upon a lot which does not have frontage on a street, but does have frontage on a dedicated right-of-way.
I.
Lot Splitting: To permit the splitting of a lot wherein such lot split creates a lot which does not have the required width of the zone in which the lot is located, provided the created nonconforming lot meets the area requirements of the zone and the structure placed on the lot meets all required site standards of the zone; and furthermore, that before building permits are issued for the nonconforming split, the lot split shall be reviewed by the city engineer.
J.
Burden of Proof: The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
K.
Variances Run with Land: Variances run with the land.
L.
Additional Requirements: In granting a variance, the appeal authority may impose additional requirements on the applicant that will:
1.
Mitigate any harmful effects of the variance; or
2.
Serve the purpose of the standard or requirement that is waived or modified.
(Ord. 757, 3-16-2010)
2-4-7: - DECISION ON APPEAL:#
In exercising the above mentioned powers, such appeal authority may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
(Ord. 757, 3-16-2010)
2-4-8: - VOTE NECESSARY FOR REVERSAL:#
The favorable finding of the appeal authority shall be necessary to reverse any order, requirement or determination of any such administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under title 10 of this code, or to effect any variation in such title.
(Ord. 757, 3-16-2010)
2-4-9: - JUDICIAL REVIEW OF APPEAL AUTHORITY'S DECISION; TIME LIMITATION:#
The city or any person aggrieved may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction, provided petition for such relief is presented to the court within thirty (30) days after the filing of such decision in the office of the city recorder.
(Ord. 757, 3-16-2010)
2-4-10: - TIME LIMITATION OF VARIANCE:#
In the event the appeal authority does grant a variance in accordance with the provisions of this chapter, alterations in accordance with the variance must be activated within six (6) months after the date the variance is granted or the variance becomes null and void. The time limit of the variance may be extended an additional six (6) months by the appeal authority, and then only if the petitioner shows adequate cause to the appeal authority that circumstances necessitate a time extension. (Ord. 757, 3-16-2010)
2-4-11: - FILING FEE:#
Upon filing of any appeal or application to the appeal authority, the appellant or applicant shall pay to the city a fee prescribed by the city council. The said fee shall be collected by the officer in whose office said appeal is filed and shall be deposited with the city treasurer and credited to the general fund. No appeal or application shall be considered by the appeal authority unless and until such fee has been paid. Cross reference— See section 1-12-5 of this code for specific fees.
(Ord. 757, 3-16-2010)
2-4-12: - COMPENSATION OF APPEAL AUTHORITY:#
The appeal authority shall be considered an independent contractor; and as such will enter into a three (3) year contract for services at the beginning of each appointed term. Terms for compensation and reimbursement will be determined and agreed upon in the aforementioned contract. The terms and conditions of the contract shall ultimately be approved by the city council prior to any individual entering into an agreement with the city to serve as the appeal authority.
(Ord. 757, 3-16-2010)
2-4-13: - DEFINITIONS:#
APPEAL AUTHORITY: A person, board, commission, agency or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance.
LAND USE APPLICATION: An application required by a municipality's land use ordinance.
LAND USE AUTHORITY: A person, appeal authority, commission, agency, or other body designated by the local legislative body to act upon a land use application.
LAND USE ORDINANCE: A planning, zoning, development, or subdivision ordinance of the municipality, but does not include the general plan.
(Ord. 757, 3-16-2010)
Chapter 6 - DEVELOPMENT REVIEW COMMITTEE#
2-6-1: - PURPOSE AND INTENT:#
The purpose of the development review committee ("DRC") is to provide early, collaborative review of proposed developments to promote high-quality site design, architecture, and compatibility with surrounding land uses. The DRC is intended to: 1.
Encourage thoughtful and well-integrated development design;
2.
Provide applicants with timely, coordinated feedback prior to formal land use application;
3.
Improve efficiency in the development review process; and
4.
Ensure consistency with the Riverdale City General Plan, adopted development standards, and applicable ordinances.
The DRC is advisory in nature and does not have authority to approve or deny applications.
(Ord. No. 1007, § 1(Exh. A), 4-21-2026)
2-6-2: - APPLICABILITY:#
A.
A concept development plan shall be reviewed by the DRC prior to formal submittal of:
• Site plan applications;
• Subdivision applications involving multi-family, mixed-use, or commercial development;
• Planned developments (PDs); or
• Any project as required by the community development director.
B.
Single-family residential subdivisions consisting solely of standard lots may be exempt unless otherwise required by the director.
(Ord. No. 1007, § 1(Exh. A), 4-21-2026)
2-6-3: - COMPOSITION:#
The development review committee shall consist of the following members: 1.
Mayor, or his/her designee (chair);
2.
City administrator;
3.
Planning commission chair;
4.
A member of the city council;
5.
Community development director;
6.
Public works director;
7.
City engineer;
8.
Building official;
9.
Fire marshall;
10.
Other staff or consultants as deemed necessary by the director.
(Ord. No. 1007, § 1(Exh. A), 4-21-2026)
2-6-4: - DUTIES AND RESPONSIBILITIES:#
In accordance with Riverdale City Municipal Code, the DRC shall: 1.
Review concept development plans for:
• Site layout and circulation;
• Building orientation and massing;
• Architectural character, colors, and materials;
• Landscaping, open space, and buffering;
• Parking configuration;
• Pedestrian connectivity;
• Compatibility with surrounding uses; and
• Consistency with adopted plans and development standards.
2.
Provide written or verbal feedback to the applicant identifying: Strengths of the proposal;
• Areas for improvement; and
• Potential compliance issues with city standards.
3.
Coordinate interdepartmental review to identify major infrastructure or development concerns early in the process.
(Ord. No. 1007, § 1(Exh. A), 4-21-2026)
2-6-5: - REVIEW PROCESS:#
A.
Applicants shall submit a concept development plan in a form established by the community development department.
B.
The DRC shall review the proposal at a scheduled meeting or through an administrative review process.
C.
Following review, staff shall provide a summary of comments to the applicant.
D.
DRC review is intended to be completed within a reasonable timeframe to avoid unnecessary delay.
(Ord. No. 1007, § 1(Exh. A), 4-21-2026)
2-6-6: - EFFECT OF REVIEW:#
A.
DRC comments are non-binding and advisory only.
B.
Feedback provided does not constitute approval, denial, or vested rights.
C.
Applicants may proceed with a formal application regardless of DRC feedback; however, addressing DRC comments is strongly encouraged.
D.
Subsequent applications shall be reviewed for compliance with all applicable city ordinances and standards.
(Ord. No. 1007, § 1(Exh. A), 4-21-2026)
2-6-7: - REPORTING TO PLANNING COMMISSION AND CITY COUNCIL:#
To ensure coordination and communication between advisory and decision-making bodies: 1.
The planning commission representative shall periodically report to the planning commission regarding 1) projects reviewed by the DRC; 2) key design issues identified; 3) general direction or guidance provided to applicants; and 4) any emerging trends or policy considerations relevant to land use decisions.
2.
The city council representative shall periodically report to the city council regarding 1) significant development proposals reviewed by the DRC; 2) notable design considerations or community impacts; policy-level issues or recurring concerns; and 4) projects of community interest or importance.
Reports may be provided in written or verbal form during regularly scheduled meetings and are intended to: • Promote transparency in the development review process;
• Ensure alignment between advisory input and legislative policy direction; and
• Keep elected and appointed officials informed of development activity within the city.
Reporting under this section is informational only and shall not constitute formal action, direction, or pre-approval by the planning commission or city council.
(Ord. No. 1007, § 1(Exh. A), 4-21-2026)
2-6-8: - OPTIONAL PUBLIC PARTICIPATION:#
The city may, at its discretion, allow public observation or participation in DRC meetings; however, the DRC is not a public hearing body.
(Ord. No. 1007, § 1(Exh. A), 4-21-2026)
2-6-9: - ADMINISTRATIVE AUTHORITY:#
The community development director may: 1.
Establish application requirements and submittal checklists;
2.
Modify review procedures for efficiency;
3.
Determine whether a project requires DRC review; except as otherwise required in this title; and
4.
Waive DRC review when deemed unnecessary.
(Ord. No. 1007, § 1(Exh. A), 4-21-2026)
Editor's note— Ord. No. 1007, § 1(Exh. A), adopted April 21, 2026, repealed the former ch. 6, §§ 2-6-1—2-6-6, and enacted a new ch. 6 as set out herein. The former ch. 6 pertained to similar subject matter and derived from Ord. 981, adopted April 16, 2024; Ord. 704, adopted May 6, 2008; Ord. 854, adopted May 6, 2014.