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HomeMy WebLinkAboutOrdinance 02-1986 - Denied . •, , � . . y . e, '�� � ' � � � � / - ORDINANCE N�. 2�86 AN ORDINANCE AMENDING BROOKINGS ZONING ORDINANCE N0. 520, BY CREATING A CONDITIONAL USE PROCEDURE IN THE CITY OF BROOKINGS, SOUTH DAKOTA. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH DAKOTA, THAT SECTION 785 PERTAINING TO CONDITIONAL USE PERMITS SHALL BE ADDED TO ZONING ORDINANCE N0. 520 OF THE REVISED ORDINANCES OF THE CITY OF BROOKINGS, SOUTH DAKOTA, AS FOLLOWS, TO-WIT: I. Section 785. Conditional Use Permits. .1 Purpose. The purpose of this section is to provide flexibility under the present zoning ordinance, and allow a temporary use during which time the long-term effects of a proposed change in zoning may be examined. .2 Procedure. The city commission may authorize by conditional use permit certain uses consistent with the standards and provisions of this section. The city commission shall impose such conditions as are appropriate and necessary to insure com- pliance with the comprehensive plan of the city and protect the health, safety and welfare in the issuance of such conditional use permit in conformity with the standards provided hereinafter. Unless expressly modified by the board of adjustment, are� regulations of the zoning district in which the use is located shall apply. .3 Application. To obtain a conditional use permit, the applicant shall file an application therefore, in writing on a form furnished by the zoning officer. Every appli- cation shall contain the following information: (a) Legal description of the land on which such conditional use is requested, together with local street address. (b) Name and address of each owner of the property. ', (c) Name, address, phone number and signature of the applicant. (d) Zoning district classification under which the property is regulated at the time of such application. (e) Be accompanied with a site plan, unless waived by the zoning officer. (f) Any other information concerning the property as may be requested by the zoning officer, city planning commission or city commission. , Exception: The zoning officer may waive the submission of plans if he finds that the nature of the conditional use applied for is such that reviewing � the plans is not necessary to obtain compliance with this section. .4 Fees. Upon the filing of any application for a conditional use permit with the office of the city engineer, the applicant shall pay a fee to the city in the sum of $20.00 which shall be used to defray the expenses of administrative preparation for consideration of the permit. .5 Information on Site Plan. In addition to the following information, plans shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions ( 1 ) of this title and all relevant laws, ordinances, rules and regulations. The following information shall also be required: (a) The address of the property and legal description. (b) The name of the project and/or business. (c) The scale and north arrow. ' (d) All existing and proposed buildings or additions. (e) Dimensions of all buildings. (f) Distance from all building lines to the property lines at the closest points. (g) Building height and number of stories. (h) Dimensions of all property lines. (i ) Parking lots or spaces; designate each space, give dimensions of the lot, stalls and aisles. (j) Screening; show height, location and type of material to be used. (k) The landscaped setback and trees; indicate species of trees and material to be used for landscaping. (1 ) Name and location of all adjacent streets, alleys, waterways and other public places. . Approved plans shall not be changed, modified or altered without authorization from the city commission giving final approval , and all work shall be done in accordance with the approved plans. .6 Standards. The following standards shall be construed to be the minimum requirements for any conditional use. The planning commission in its final report to the city commission as required by .7b shall consider all relevant factors and standards specified in other sections of this ordinance and including but not limited to the following: 1 . That such use shall be in accord with the intent, purpose, and spirit of this Ordinance and the land use policies of the City of Brookings. 2. That the proposed location, design, construction and operation of the particular use adequately safeguards the health, safety, and general welfare of persons residing or working in adjoining or surrounding property. 3. That such use shall not impair an adequate supply of light and air to surrounding property. 4. That such use shall not unduly increase congestion in the streets, or public danger of fire and safety. 5. That such use shall not diminish or impair established property values in adjoining or surrounding property. 6. That such use shall not be found to be ha2ardous, harmful , offensive or otherwise adverse to the environmental quality of the city. 7. The suitability of the site for proposed use and compatibility with surrounding properties shall be considered. 8. Any proposed structure or additions to any structure may have to be removed upon the expiration of the Conditional Use Permit. 9. That such use shall not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area. � 2 ) , . . 10. That the best practical means known for the disposal of refuse material or water-carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance, shall be employed. 11 . That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. 12. That adequate measures have been provided to allow sufficient off- street parking and loading space to serve the proposed use. The planning commission and city commission may impose such conditions, including restrictions and safeguards, upon the property benefited by the conditional use as considered necessary to prevent or minimize adverse effects upon the property in the vicinity or upon public facilities and services. Any conditions so imposed as the basis for granting the conditional use permit shall be binding on all grantees, assignees, heirs, legatees, donees, transferees and trustees. .7 Planning Commission Hearing. Upon the filing of an application for a conditional use permit, the zoning officer shall set a date for public hearing on the request. (a) Signs: Signs shall be posted on the property for a continuous period of five (5) days immediately prior to any public hearing held by the planning commission or city commission to consider any conditional use permit. Said signs shall be furnished by the office of the city engineer and posted by the applicant in the numbers and locations prescribed by the zoning officer. (b) Planning commission report: The city planning commission shall submit to the city commission a final report containing its recommendations on those applications for conditional use permits which it has considered. The report shall address the standards under section .6. .8 City Commission Hearing. The city commission shall conduct a public hearing to act on all applications which have been processed and forwarded to them for public hearing as provided in this chapter. (a) Hearing: Upon the day of such public hearing, the city commission shall review the decisions and recommendations of the planning commission of all applications coming before the city commission as provided in this chapter. The city commission, in making its determination of such applications, may make changes in accordance with or in rejection or modification of the recommendation of the planning commission. (k�) Action and protest: Approval or denial of any application for a conditional use permit shall be by a majority of all members of the city commission. Within twenty (20) days from the time of adoption by the city commission, the conditional use shall take effect unless the referendum be invoked, or unless a written protest be filed in accord- ance with the procedure set forth for amendments to the Brookings Zoning Ordinance at Section 808.1 . In the event such a protest is filed, the conditional use permit shall not become effective as to the proposed area against which the protest has been filed. .9 Amendments. Amendments shall be processed in the same manner as required for a separate conditional use permit. .10 Expiration. A conditional use permit may be granted for a period of one (1 ) to five (5) years upon which time it will expire and a new permit must be applied for. .11 Reapplication. No applicant requesting a conditional use permit whose application includes the same or substantially the same requirements for the same or substantially the same property as that which has been denied by the city planning commission ( 3 ) • � ♦ ' r or city commission shall be again considered by the planning commission before the expiration date of six (6) months from the date of the final action on the petition. .12 Compliance. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms of such permit and of any conditions designated in connection therewith. II. That any and all ordinances or parts thereof in conflict herewith, are hereby repealed. FIRST READING: sanuary 14 , 1986 � SECOND READING: January 28 , 1986 P AND APPROVED: RDINANCE NOT APPROVED ON January 28, 1986 , ATTEST: Mayor Finance Officer ( 4 )