A public hearing is set to take place this Tuesday evening (Sept. 13th) in Atlantic, with regard to proposed changes to the City’s current Zoning Ordinance. The Planning and Zoning Commission meeting and public hearing begins at 5:30-p.m. in the Council’s Chambers at City Hall. Following the hearing, the Commission is expected to act on approving the Ordinance changes.

City Administrator John Lund says the last major update to the Zoning Ordinance happened 21-years ago, on June 7th, 1995. In the updated Ordinance, four new chapters have been added: Wireless Communication Facilities, Solar Energy Systems, Wind Energy Systems and Landscaping and Screening Standards. Lund says those four chapters represent the biggest developments in zoning issues since the Ordinance was last updated.

Definitions were also greatly expanded he says, to provide a solid footing in which to execute and enforce our regulations with transparency. Where ambiguity exists, there are openings for selective administrative application. Four new sections were also added: Compliance with State and Federal Regulations; Severability Provision; Consistency with the Comprehensive Plan; and Publication. A time limit on the effectiveness of building permits was placed in the Ordinance, “To prevent semi-completed construction projects for existing in perpetuity,” according to Lund.

Among the changes, in Article 1 “General Provisions,” a time limit was placed on the effectiveness of building permits to prevent semi-completed construction projects for existing in perpetuity.

In Article 4, “R-1 Residential/Agriculture/Open Space,” the two biggest changes to the agricultural zone was the expansion on regulations for commercial feedlots and an elimination of setbacks and lot size. Another minor change was the removal of the words “non-commercial” regarding allowed stables as an accessory use. Single family homes are now a specified permitted use. Single family homes are now a specified permitted use.

In Article 6, the “R-3 High Density Single Family Residential District,” ordinance proposes setbacks for the district be variable, pending a conditional use permit by the Board of Adjustment. Also, the street side yard was reduced from 25 feet to 14 feet for corner lots.

A portion of Article 18 pertaining to “Non-conforming Uses” was stricken and replaced, because Lund says he recently found two instances where the existing ordinance prevents interested buyers in a property from securing a mortgage or insurance. In the final draft of this document, that section has been removed. It was replaced by a section saying “Residential properties in industrial zones shall not be considered nonconforming uses and may be completely rebuilt if destroyed.”

Article 21, which pertains to Signs has been changed to remove section limiting the time in which political signs can be posted had been stuck. Lund says in 1994, the Supreme Court ruled such ordinances were unconstitutional. In reviewing other cases and precedent, Lund “Outside of outright pornography, it appears cities have very little power to control the actual content of signage.”

In Article 23 of the proposed ordinance, (Exceptions and Modifications) the only change was to expand exceptions for  R-3 district to make them more flexible for existing homes. The Article now says “In the R-3 zone, expansion may be allowed on buildings and structures not in conformance to the yard requirements and setbacks, provided a written and signed document is provided by the building permit applicant from the affected abutting property owner.”

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A PDF of Lund’s Executive Summary of the changes can be downloaded here:

Executive Summary of Changes to the Zoning Ordinance

You can download a copy of the final Zoning Ordinance Draft (PDF form) here :

FINAL ZONING ORDINANCE DRAFT 09-08-2016