SECTION 20.0 PROCEDURES FOR AMENDMENTS-REZONING/CONDITIONAL USE PERMITS
20.01 Initiation
The City Council or Planning Commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this Ordinance. Any person, persons, firm or corporation or his expressed agent owning real estate within the City may initiate a request to amend the district boundaries and or text of this Ordinance so as to affect the said real estate, or request a Conditional Use Permit as provided for in the district provisions.
20.02 Procedure
1. A request plus copies of detailed written and graphic materials fully explaining the proposal for an amendment to this Ordinance shall be filed with the City Clerk and shall be accompanied by a standard fee plus costs as established by Council resolution.
2. The City Clerk shall refer said amendment request along with all related information to the Planning Commission for consideration and a report and recommendation to the Council.
3. The Planning Commission shall consider the amendment request at its next regular meeting. The City Clerk shall refer said amendment proposal along with all related information to the Planning Commission for their review.
4. The Planning Commission shall set a date for the official public hearing. Notice of such hearing shall be published in conformance with the State Law and individual notices, if it is a district change request, shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property, according to the assessment records, within three hundred fifty (350) feet of the parcel included in the request, such notice shall also be published in the official newspaper within the above time periods.
5. The Planning Commission shall reach a decision and make its report to the City Council within sixty (60) days after the regular meeting at which the amendment request was first considered by the Commission.
6. The Council, shall upon receiving no report within ninety (90) days, place such request regular meeting and decide the issue within from the Planning Commission on the agenda of its next thirty (30) days.
7. Upon receiving the reports and recommendations of the Planning the Council shall place the amendment request on the agenda of regular meeting and decide the issue within thirty (30) days. Said reports and recommendations shall be entered in and made part of the permanent written record of the Council meeting.
8. The Council shall have the option to set and hold a public hearing if deemed necessary for reaching a decision.
9. Approval of a Conditional Use Permit or amendment of this Zoning Ordnance shall require a majority vote of the full Council. The Council’s action shall be final.
10. The City Clerk shall notify the originator of the amendment request of the Council's decision in writing.
20.03 Application
Applications for Conditional Use Permits shall be made to the City Clerk together with required fees. The application shall be accompanied by a site plan showing such information as is necessary to show compliance with this Ordinance, including but not limited to:
1. Description of site (legal description).
2. Site plan drawn at scale showing parcel and building dimensions.
3. Location of all buildings and their square footage.
4. Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks.
5. Landscaping and screening plans.
6. Drainage plan.
7. Sanitary sewer and water plan with estimated use per day.
8. Soil type.
9. Any additional written or graphic data reasonably required by the City Clerk or the Planning Commission.
20.04 Conditional Use Standards
No Conditional Use Permit shall be recommended by the Planning Commission unless said Commission shall find:
1. That the Conditional Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.
2. That the establishment of the Conditional Use will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area.
3. The adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.
4. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.
5. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so-that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.
6. That proper facilities are provided which would eliminate any traffic congestion or traffic hazard which may result from-the proposed use.
7. The demonstrated need for the proposed use.
8. The proposed use is in compliance with any Land Use Plan adopted by the city.
20.05 Compliance
Any use permitted under the terms of any Conditional Use Permit shall be established and conducted in conformity to the terms of such permits and of any conditions designated in connection therewith.
20.06 Lapse of Conditional Use Permit By Non-Use
Whenever within one (1) year after granting the Conditional Use the work permitted has not been started, then such permit shall become null and void unless a petition for an extension has been approved by the Council.
20.07: FEES
To defray the administration costs of processing of requests for amendments to the zoning map, or special permits, a fee shall be paid by the applicant as follows:
Application for rezoning $150.00
Special Permits $150.00
In addition the applicant shall reimburse the City for all publication, legal costs and all additional expenses accrued for any special hearings held to process the request (including the costs of paying Council and Planning Commission per diem for said special hearing, if any). Fees shall
be payable at the time applications are filed with the Clerk and are not refundable unless application is withdrawn prior to the date of the first regular Governing Body meeting thereafter.