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HomeMy WebLinkAboutOrdinance 15-2000 • ORDINANCE NO. 15-00 An ordinance amending Article II, Chapter 30 of the Revised Ordinances of the City of Brookings pertaining to the Planning and Zoning Commission BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS that Article II, Chapter 30 of the Revised Ordinances of the City of Brookings be and the same is hereby amended to read as follows to-wit: ARTICLE II. PLANNING AND ZONING COMMISSION Sec. 30-1. Ordinances saved from repeal. Nothing contained in this Code of Ordinances or in the ordinance adopting this Code, shall be construed to repeal or otherwise affect in any manner: (a) Any zoning ordinance, any ordinance amending the text of such zoning ordinance or any ordinance changing the zoning of any property within the city; or (b) Any subdivision ordinance or any ordinance dedicating or accepting any subdivision plat; and all such ordinances are hereby saved from repeal and recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Sec. 30-2. Application fee. (a) General regulations. Whenever any person shall file with the city an application for platting, or for a conditional use, a petition to vacate, an I-1R site plan, or an appeal to the board of adjustment on any property within the city or within the joint jurisdictional area which is not in an Agricultural District, they shall deposit a fee as provided by resolution or ordinance of the city. Under no conditions shall any fee be refunded after the application or petition has been heard by the planning commission. No fee shall be required when the city is the applicant. (b) Required charges: An application or petition fee in an amount established by resolution or ordinance of the city shall be required with the following: (1) Change of zone. An application to change any zoning district except the planned development district. (2) Planned development district. An application to change to the planned development district. S:\ord\amending chapter 30.doc 1 (3) Final development plan. An application for a final development plan in a planned development district, except that no additional fee shall be charged when a final development plan is submitted concurrently with an initial development plan. (4) Major amendment. An application for a major amendment to a planned development district. (5) Minor amendment. An application for a minor amendment to a planned development district. (6) Board of adjustment. An application for an appeal to the board of adjustment. (7) Picas. An application for any preliminary plat or final plat except that no additional fee shall be charged when a final plat is submitted concurrently with a preliminary plat. (8) Vacation. An application to vacate a plat or any public way. (9) I-IR Site Plan. An application for an I-1R site plan (10) Conditional use. An application for a conditional use. (11) Zoning and use registration permit. An application for a zoning and use registration permit. Secs. 30-3--30-17. Reserved. Sec. 30-18. Established. There is hereby continued, as heretofore established in and for the city a city planning and zoning commission, which may also be referred to as the"Planning Commission", "City Planning and Zoning Commission" or the"City Planning Commission". Sec. 30-19. Composition. The city planning and zoning commission shall be composed of nine(9) members. Sec. 30-20. Qualifications of members. The members of the city planning and zoning commission shall be resident electors of the city qualified by knowledge or experience to act in matters pertaining to the development and administration of a city plan who shall not hold any elective office in the city government. S:\ord\amending chapter 30.doc 9 • Sec. 30-21. Appointment of members. The members of the city planning and zoning commission shall be appointed by the mayor subject to the approval of the city council. Sec. 30-22. Terms of members. The term of each member of the city planning and zoning commission shall be five(5) years, except that appointment of each member shall be in such a manner that there will be an overlapping of tenures. Appointments to the city planning and zoning commission shall be made at the first regular city council meeting in January of each year. In the event a vacancy in the membership of the planning and zoning commission occurs on a date other than the first Monday of the year the vacancy may be filled as provided in Section 30-24 of this ordinance. Sec. 30-23. Ex-officio member. The city engineer shall be an ex-officio member of the city planning and zoning commission without right to vote. Sec. 30-24. Vacancies. Any vacancy in the membership of the city planning and zoning commission shall be filled for the unexpired term in the same manner as for appointment. Sec. 30-25. Removal for cause. The mayor, with the confirmation of the city council, shall have, following public hearing, authority to remove any member of the city planning and zoning commission for cause. Cause for removal shall be stated in writing and made a part of the record of such hearing. Sec. 30-26. Compensation, expenses. All members of the city planning and zoning commission shall serve without compensation, except they may be reimbursed for actual expenses incurred in the performance of their duties. The expenditures of the city planning commission shall be within the amounts appropriated by the city, which shall provide the funds, equipment and accommodations necessary and required by the city planning and zoning commission for the commission's work. Sec. 30-27. Organization. Upon appointment,the city planning and zoning commission shall convene and shall organize by electing a chairperson from among its members for a term of one(1)year. The chairperson shall be eligible for re-election. The planning and zoning commission may fill such other of its offices as it may create. The planning, zoning and housing administrator shall act as secretary of the planning and zoning commission, but shall not be a member thereof. S:\ord\amending chapter 30.doc 3 Sec. 30-28. Meetings, rules, records. The city planning and zoning commission shall hold at least one(1) regular meeting each month. It shall adopt rules for transaction of its business and shall keep a record of its resolutions, transactions, findings and determinations which shall be a public record. Sec. 30-29. Monthly report. The city planning and zoning commission shall submit a monthly report to the city council of its proceedings and the progress of its work. Sec. 30-30. General powers. All public officials shall, upon request, furnish to the planning commission, within a reasonable time, such available information as it may require for its work. The commission, its members and employees, in the performance of its functions, may, after thirty days' written notice by certified mail to the landowner, enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks thereon. In general, the commission has all powers necessary to enable it to fulfill and perform its functions, promote municipal planning, or carry out all the purposes of this chapter. Sec. 30-31. Comprehensive plan--Generally. It shall be the function and duty of the city planning and zoning commission to make and adopt a comprehensive plan for the physical development of the city, including any areas outside of the boundaries of the city and within its planning jurisdiction, which, in the city planning and zoning commission's judgment, require planning by the city. The comprehensive plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the planning commission's recommendation for the physical development of the city and its joint jurisdictional area, and shall include, among other things, the general locations, character and extent of streets,bridges, viaducts, parks, parkways, waterways and waterfront developments, playgrounds, airports and other public ways, grounds, places and spaces; the general location of public schools, of public buildings and other public property; a zoning plan for the regulation of the height, area, locations and use of private and public structures and premises and of population density as may be provided by law;the general locations and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, heat, sanitation, transportation, communication and other purposes;the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing public terminals;the general location, character, layout and extent of community centers and neighborhood units, and the general character, extent and layout of the replanning of blighted districts and slum areas. The city planning and zoning commission may, from time to time, amend, extend or add to the plan or carry any part of the subject matter into greater detail. S:1ord\amending chapter 30.doc 4 Sec. 30-32. Comprehensive Plan--Purpose. In the preparation of the comprehensive plan,the city planning and zoning commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the city and its environs. The plan shall be made with the general purpose of accomplishing a coordinated, adjusted and harmonious development of the city which will, in accordance with existing and future needs, best promote health, safety, order, convenience, prosperity and the general welfare as well as efficiency and economy in the process of development. Sec. 30-33. Comprehensive Plan—Adoption. The planning and zoning commission shall propose to the council the comprehensive plan as a whole by a single resolution or, as the work on the whole comprehensive plan progresses, the planning and zoning commission may, from time to time, propose a part or parts thereof; such part or parts to correspond generally with one or more of the functional subdivisions of the subject matter of the plan. Before making recommendations to the city council of the comprehensive plan or part thereof, the planning and zoning commission shall hold at least one public hearing, notice of the time and place of which shall be given at least ten(10)days in advance by publication in a legal newspaper of the municipality. The planning and zoning commission shall thereafter submit the recommended comprehensive plan or part thereof to the city council. The adoption by the city council of the comprehensive plan or any part, amendment or addition, shall, following the same type of notice and public hearing as required above, be by resolution carried by the affirmative votes of not less than a majority of all of the members of the council. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the council to form the whole or part of the plan, and the action taken shall be recorded on the adopted plan or part thereof. Sec. 30-34. Comprehensive Plan--Legal status. Whenever any such comprehensive plan has been adopted, no street, park or other public way, ground, place or space, no public building or structure, no public utility, whether publicly or privately owned, if covered by the comprehensive plan or any adopted part thereof, shall thereafter be constructed or authorized in the city or within its platting jurisdiction unless or until the location and extent thereof shall have been submitted to and approved by the planning and zoning commission, provided that in case of disapproval, the planning and zoning commission shall communicate its reasons to the city council, and the city council, by vote of not less than two-thirds (2/3) of its entire membership, shall have the power to overrule such disapproval and, upon such overruling, the city council or the appropriate board or officer shall have the power to proceed; provided, however, if the public way, ground, place, space, building, structure or utility is not subject to the jurisdiction of the city council or other body or official of the city, then the submission to the planning and zoning commission shall be by the board or official having such jurisdiction, and the planning commission's disapproval may be overruled by said board or S:\ord\amending chapter 30.doc 5 • • • official having jurisdiction by a vote of not less than two-thirds (2/3) of its entire membership or by said official. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use or acquisition of land for any street or other public way, ground, place, property or structure shall be subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the planning and zoning commission to act within sixty-five (65) days from and after the date of official submission to it shall be deemed approval, unless a longer period is granted by the city council or other submitting official. Sec. 30-35. Revised Comprehensive Plan Dated April 4, 1995. The Comprehensive Plan of the City of Brookings shall also include the following documents: (a) The Future Land Use and Major Street Plan dated and adopted April 4, 1995; (b) The Objectives and Policy Guidelines dated and adopted April 4, 1995; A copy of the Comprehensive Plan is on file in the office of the City Engineer. Sec. 30-36. Building and setback regulations. From and after the time when the city council shall have adopted a comprehensive plan which includes at least a major street plan or shall have progressed in its comprehensive planning to the stage of making and adopting a major street plan, the planning commission may recommend and the city council is hereby authorized and empowered by ordinance to establish, regulate, limit, and to change and amend, building or setback lines on such streets and to prohibit the location of any new building within such building or setback lines. The regulations authorized by this section shall not be adopted, changed or amended until a public hearing has been held thereon, following the same notice as provided in section 30-33. Sec. 30-37. Board of Adjustment. The city has established a Board of Adjustment which may in appropriate cases and subject to appropriate conditions and safeguards, hear appeals and grant variances in accordance with the terms of the zoning ordinance, all as more fully provided in Chapter 50 of this code. Sec. 30-38. Platting jurisdiction. From and after the time the city council adopts a comprehensive plan which includes at least a major street plan, no plat of a subdivision of land lying within the municipality or within three(3)miles of its corporate limits and not located in any other municipality shall be filed or recorded until it shall have been submitted to and a report and recommendations thereon made by the planning and zoning commission to the city council and the city council has approved the plat or the plat is reviewed and approved in accordance with SDCL 11-3-6. The planning and zoning commission shall make its recommendation to the city council within sixty(60) days of submission. S:\ord\amending chapter 30.doc R The plat shall be approved or disapproved within sixty (60) days after the submission thereof to the city council. In the event no action is taken with respect to the plat, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the city council on demand; provided, however,that the applicant for the approval may also waive this requirement and consent to the extension of the sixty(60) day time period for action. The ground for disapproval and the results of the vote disapproving of the plat shall be stated upon the records of the city council made by the planning commission. Sec. 30-39. Subdivision regulations--Generally. In exercising the duties granted to it by this chapter,the planning commission shall recommend and the city council shall by ordinance adopt regulations governing the subdivision of land within its jurisdiction. Such regulations may provide for the harmonious development of the city and it environs; for the coordination of streets within subdivisions with other existing or planned streets or with other features of the comprehensive plan of the city; for adequate open spaces for traffic, recreation, light and air; and for the distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience or prosperity. Before adoption of its subdivision regulations or any amendment thereof, a public hearing thereon shall be held by the city council subject to the same notice as provided in Section 30-33. Sec. 30-40. Subdivision Regulations--Streets and utilities. The recommended subdivision regulations may include requirements as to the extent of which and the manner in which the streets of the subdivision shall be graded and improved and water, sewer and other utilities, mains, piping, connections or other facilities shall be installed as a condition precedent to the approval of the plat. The regulations may provide for the tentative approval of the plat prior to installation of improvements, but any such tentative approval shall not be entered on the plat. Such regulations may provide that, in lieu of the completion of improvements prior to the final approval of the plat,the city council may accept a bond, or other form of security, in an amount and with conditions satisfactory to it, so the city is put in an assured position that the work, improvement, and installations are made at the cost of the owners of the property within the subdivision, and providing for and securing to the city the actual construction and installation of such improvements and utilities within a period specified by the city council and the city is hereby granted the power to enforce such bonds and other forms of security by all appropriate legal and equitable remedies. Sec. 30-41. Approval of plats. Any subdivision of land containing two (2)or more lots, no matter how described, shall be platted or replatted, and must be submitted to the planning and zoning commission for its consideration and recommendation to the city council for approval or rejection or reviewed and approved in accordance in SDCL 11-3-6._Any plat submitted shall contain the name and address S:\ord\amending chapter 30.doc 7 of a person to whom notice of hearing may be sent, and no plat shall be considered by the city council without affording a hearing thereon, notice of the time and place of which shall be sent by mail to said address not less than five(5) days before the date of said hearing Sec. 30-42. Street construction approval. From and after the time when the platting jurisdiction of the city shall have attached by virtue of the adoption of a major street plan, the city or other public authority shall not accept lay out, open, improve, grade, pave or light any street or lay or authorize the laying of water mains, sewers, connections or other facilities or utilities in any street within the city unless such street shall have been accepted or opened, has or shall have otherwise received the legal status of a public street prior to the adoption of a comprehensive plan, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the city council or on a street plan made and adopted by the planning and zoning commission; provided, however, that the city council, or, in the case of streets outside of the city, the governing body of such outside territory, may locate and construct or may accept any other street if the ordinance or other measure for such location or construction or for such acceptance be first submitted to the planning and zoning commission for its approval, and, if disapproved by the planning and zoning commission, be passed by not less than two-thirds (2/3)of the entire membership of the city council upon such submission, or constructed or accepted by said two-thirds(2/3)vote after disapproval by the planning and zoning commission, shall have the status of an approved street as fully as though it had been originally shown on a subdivision plat approved by the city council or on a plat made by the planning and zoning commission and adopted by the city council or reviewed and approved in accordance with SDCL 11-3-6. Sec. 30-43. Building construction--location. From and after the time when the platting jurisdiction of the city shall have attached by reason of the adoption of a major street plan, no building permit shall be issued for or no building shall be erected on any lot within the territorial jurisdiction of the planning and zoning commission unless the street providing access to the lot in which said building is proposed to be placed shall be accepted or opened as, or shall have otherwise received the legal status of, a public street prior to that time, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the city council or revised and approved in accordance with SDCL 11-3-6, or on a street plan made and adopted by the planning and zoning commission and adopted by the city council or with a street located or accepted by the city council or in the case of territory outside of the boundaries of the municipal corporation, by the governing body thereof, after submission to the planning and zoning commission, and, in case of the planning and zoning commission's disapproval, by the favorable vote as required by Sec. 30- 44-42 of this Chapter. Any building erected in violation of this section shall be deemed an unlawful structure, and the city or other governing body may enjoin such erection or cause it to be vacated or removed. S:\ord\amending chapter 30.doc 8 FIRST READING: June 12, 2000 SECOND READING: June 26, 2000 PUBLISHED: June 30, 2000 CITY OF BROOKINGS, SOUTH DAKOTA ��• ayor TEST: i y t 8839 t' r, lerk S:\ord\amending chapter 30.doc 9