HomeMy WebLinkAboutOrdinance 25-2012 - tabled Ordinance No. 25-12
An ordinance amending the zoning ordinance of the City of Brookings and pertaining to
the Conditional Use Permit process for the purposes of administration of the zoning
ordinance
Be it ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94,
Zoning shall be amended as follows:
Section 1.
ARTICLE V. CONDITIONAL USES
DIVISION 2. PERMIT
Sec. 94-221. Generally
The Planning Commission City Council may authorize by Conditional Use Permit the uses
designated in this chapter when located in a zoning district allowing such use. The Planning
Commission City Council shall impose such conditions as a part of the Conditional Use Permit as
are appropriate and necessary to insure compliance with the Comprehensive Plan and to protect the
public's health, safety and general welfare. Unless expressly modified by the Board of Adjustment,
all regulations of the zoning district in which the use is located shall apply.
Sec. 94-222.Application
To obtain a Conditional Use Permit,the applicant shall file a written application on a form
furnished by the Community Development City Engineering Department. The application shall
be submitted on or before the 15th of any month prior to the next regularly scheduled Planning
Commission meeting. Every application shall contain the following information:
1. Legal description of the land upon which such conditional use is requested, together
with local street address
2. Name and address of each owner of the property
3.Name, address,phone number and signature of the applicant
4. Zoning district classification under which the property is regulated at the time of such
application
5. Be accompanied with a site plan unless waived by the Community Development City
Engineering Department
6. Any other information concerning the property as may be requested by the Community
Development City Engineering Department
Sec.94-223 Fees.
Upon the filing of any application for a Conditional Use Permit,the applicant shall pay to the City
the appropriate fee as designated in Chapter 66 of this code.
Sec. 94-224.Information on Site Plan.
(a) In addition to the following information,plans shall be drawn to scale upon substantial paper or
provided electronically cloth 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 of this
ordinance and all other relevant laws,ordinances,rules and regulations. The Community
Development City Engineering Department may waive the submission of plans if the nature of
the work applied for is such that reviewing of plans is not necessary to obtain compliance with
this ordinance. The site plan shall contain the following:
1. The address of the property and the legal description
2. The name of the project and/or business
3. The scale and north arrow
4. All existing and proposed buildings or additions and uses
5. Dimensions of all buildings
6. Distance from all building lines to the property lines at the closest points
7. Building height and number of stories
8. Dimensions of all property lines
9. Parking lots or spaces - designate each space, give dimensions of the parking lot, stalls
and aisles
10. Perimeter screening- show height, location and type of material to be used any
fencing,walls or hedges
11. Landscape plantings - -- •, - - . - - .• •, - -- ; indicate species, location,
and number of trees and material to be used for landscaping
12.Name and location of all adjacent streets, alleys, waterways and other public places
13. Interior screening—show height, location and type around parking lot and dumpster
14. Signage—indicate location of all freestanding signage
15. Lighting—show location and type of parking lot and exterior building wall lighting
16. Architecture—provide representative elevations of all buildings
(b) Approved plans shall not be changed, modified, or altered without authorization from the
Planning Commission or City Council giving final approval, and all work shall be done in
accordance with the approved plans.
Sec. 94-225. Planning Commission Hearing.
(a)Setting of date. Upon the filing of an application for a Conditional Use Permit with the Zoning
Administrator Officer accompanied by the fee in the manner prescribed in Chapter 66 of this code,
the Zoning Administrator Officer shall set a date for public hearing. The date for a public hearing
shall be a day when the Planning Commission is regularly scheduled to meet as determined by the
rules,policies and regulations as adopted by the Planning Commission. Public notice for this
meeting and changes to be considered shall be given by publishing ten days in advance by
publication in a legal newspaper of the municipality,the date of the hearing and the time and place
when and where all persons interested shall be given an opportunity to be heard.
(b)Posting signs. Signs shall be posted on the property at least f a continuous pepie of seven
(7) days immediately prior to any public hearing held by the Planning Commission to consider
the application. Said signs shall be furnished by the City and posted by the applicant in the
numbers and locations prescribed by the Zoning Administrator Officer. Said signs shall be
removed and disposed of properly within three days - _. . -- - -: e - - -: after
the public hearing on the request.
Sec. 94-226.Planning Commission Decision RepeEt.
The Planning Commission shall consider the stated criteria, the objectives of the comprehensive
plan, and the purpose of the zoning ordinance and its relevant zoning districts when making a
decision to approve or disapprove a conditional use request. submit to the City Council a final
., - - '- - .. _- -. . .. . . The Planning Commission, in making its
determination on an application. may approve,modify, or deny said application.
Sec. 94-226.5 Appeal
The decision rendered by the Planning Commission on a conditional use permit may be appealed to
the City Council. To appeal the decision,the applicant or any person aggrieved by said decision
shall file a written appeal with the Community Development Department within five(5)working
days of the decision.
Sec. 94-227. City Council Hearing.
When an appeal from the decision of the Planning Commission has been filed in accordance with
Sec. 94-226.5,the City Council shall conduct a public hearing to act on the application.
(a) Publication of time and place. The City Council shall conduct a public hearing to act on all
applications which have been processed and forwarded to it for public hearing as provided in this
ordinance. The City Manager or designee shall cause to be published,ten days prior to the date of
the public hearing ,the time and place,when and where all persons
interested shall be given an opportunity to be heard.
(b) Posting signs. Notice of such hearing shall may also be required to be given by posting signs
on the property. Signs shall be posted on the property at least seven (7) days immediately prior
to any public hearing held by the City Council to consider the application. Said signs shall be
furnished by the City and posted by the appellant, if the appellant is the applicant, in the numbers
and locations prescribed by the Zoning Administrator. If the appellant is not the applicant, said
signs shall be posted by the Zoning Administrator or his designee. Said signs shall be removed
and disposed of properly within three days after the public hearing on the request. If signs are
required by the Zoning Officer,the regulations as set forth in Section 94 225(b) shall apply.
(c) Hearing. At the public hearing on any application for a conditional use permit,the city
council shall review the decisions of the planning commission of any
application coming before the city council as provided in this chapter. The city council, in
making its determination of such application,may amend the application in accordance with or
in modification or rejection of the decision recommendation of the Planning Commission.
Sec. 94-228. Amendments
The City Council or Planning Commission gives final approval, and all work shall be completed
and enforced in accordance with the approved plan. Approved plans shall not be amended without
approved authorization as noted below:
Plan Amendments
(a) Any approved conditional use plan or conditional use plan addendum may be amended as
provided in this section,or entirely withdrawn by the applicant. The Community
Development Department may approve administrative amendments to an approved plan
without notice or hearings, after consideration of the record from the original public hearing
on the plan.
(b) Minor changes to an approved conditional use plan shall be done administratively. Minor
changes may include minor relocation or reorientation of buildings, lot lines,or easements;
relocation of points of access; relocation of internal access and circulation; minor relocation
or rearrangement of parking areas; reduction in the designated parking spaces, but not less
than required under Division 4. Parking, Stacking, and Loading; and reorientation of
landscaping.
Major changes to an approved conditional use plan shall follow the public hearing approval
process. Major changes may include major relocation or reorientation of buildings or
parking areas which have external impacts on adjacent property;and major reductions in
landscaping or screening,but not less than required under Section 94-399.
Sec. 94-229.Expiration.
(a) A conditional use permit shall expire one(1)year from the date upon which it becomes
effective if no significant work has commenced. Upon written request to the Community
Development Director and prior to the conditional use permit expiration date,a one-year
time extension for the conditional use permit may be granted, subject to the following
conditions:
(1) There was no public objection presented during the public hearing process for the
original conditional use permit;
(2) The land uses for the surrounding properties have not changed or significantly altered
since the original approval date for the conditional use permit;
(3) The project could not be substantially completed within the required one-year time
frame due to unforeseen circumstances related to engineering and environmental studies
or construction delays relating to specific elements of the project.
(b) A conditional use permit approved in accordance with Article V. Conditional Uses, shall
expire one year after the use discontinues on the premises, or the use is changed to another
permitted use in the underlying district.
Sec.94-230.Preexisting Uses.
An existing use eligible for a Conditional Use Permit which was lawfully established on the
effective date of this title shall be deemed to have received a Conditional Use Permit as herein
required and shall be provided with such permit by the city upon request,and it shall not be a
nonconforming use,provided,however, for any enlargement,extension,or relocation of such
existing use,an application in accordance with this section shall be required.
Sec. 94-231.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 Planning Commission or City Council 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 original petition.
Sec. 94-232. Permit Revocation
If the Community Development Director finds, at any time,that the terms, conditions, and
requirements of the conditional use permit have not been complied with,or that any phase thereof
has not been completed within the time required under said conditional use permit,or any
amendment thereto,the Director shall report this fact to the permittee and the Planning
Commission. The Planning Commission may, after conducting a public hearing, of which the
permittee shall be notified, submit a recommendation to the City Council for their consideration and
action. The City Council may, after a public hearing of which the permittee shall be notified,revoke
such conditional use permit for failure to comply with such terms, conditions,and requirements,or
take such other action as it may deem necessary to obtain compliance.
Section 2.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: September 25, 2012
Second Reading: October 9, 2012 TABLED
October 23,2012 TABLED
December 4, 2012 TABLED
December 18, 2012 TABLED
Published:
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk