§ 152.41. AMENDMENT AND CONDITIONAL USE PERMITS.

(A) Procedure.

(1) Requests for amendments/rezoning or conditional use permits, as provided within this chapter, shall be filed with the Zoning Official on an official application form.

(a) The application shall be accompanied by a fee as outlined in § 152.44 below.

(b) This fee shall not be refunded.

(c) The application shall also be accompanied by 10 copies of detailed written and graphic materials fully explaining the proposed change, development or use and providing information as is necessary to show compliance with this chapter, 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; and

7. Sanitary sewer and water plan with estimated use per day.

(d) The Zoning Official shall refer the application, along with all related information, to the City Planning Commission for consideration and a report and recommendation to the City Council.

(2) The Planning Commission shall hear the request at its next regular meeting.

(3) The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed amendment or conditional use.

(4) The amendment or conditional use application may be referred to the city staff for a report and recommendation to be presented to the Commission. The city staff’s report and recommendations shall be given to the City Planning Commission at the meeting at which the application is to be considered. The report and recommendations of the city, staff are to be entered in and made part oil the permanent written record of the Planning Commission meeting.

(5) The Planning Commission shall consider possible adverse affects of the proposed amendment or conditional use. Its judgment shall be based upon (but not limited to) the following factors:

(a) Relationship to adopted municipal plans;

(b) The geographical area involved;

(c) Whether the use will tend to or actually depreciate the area in which it is proposed;

(d) The character of the surrounding area; and

(e) The demonstrated need for the use.

(6) The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

(7) The Planning Commission shall set a date for a public hearing. Notice of the hearing shall be published in conformance with the state law and individual notices, if it is a district change or conditional use permit request, shall be mailed not less than 10 days nor more than 30 days prior to the hearing to all owners of property, according to the Murray County assessment records, within 350 feet of the parcel included in the request.

(8) Failure of the property owner to receive the notice shall not invalidate any like proceedings as set forth within this chapter.

(9) The Planning Commission shall make a finding of fact and recommend actions or conditions relating to the request, as they deem necessary, to carry out the intent and purpose of this chapter. The recommendation shall be in writing and accompanied by the resort and recommendation of the city staff. No conditional use shall be recommended by the Planning Commission unless the Commission shall find:

(a) 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;

(b) 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;

(c) That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;

(d) That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use;

(e) 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 a manner so that no disturbance to neighboring properties will result;

(f) That proper facilities are provided which would eliminate any traffic congestion or traffic hazard which may result from the proposed use;

(g) The demonstrated need for the proposed use; and

(h) The proposed use is in compliance with the city land use plan.

(10) The City Council shall not grant a conditional use permit or amendment/rezoning request until they have received a report and recommendation from the Planning Commission and the city staff or until 60 days after the first regular Planning Commission meeting at which the request was considered.

(11) (a) Upon receiving the report and recommendation of the Planning Commission and the city staff, the City Council shall place the report and recommendation on the agenda for the next regular meeting.

(b) The reports and recommendation shall be entered in and made part of the permanent written record of the City Council meeting.

(12) Upon receiving the report and recommendation of the Planning Commission and the city staff, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and shall impose any condition it considers necessary to protect the public health, safety and welfare.

(13) Approval of a request shall require passage by a 4/5 vote of the full City Council.

(14) The Zoning Official shall notify the applicant of the Council’s decision in writing.

(B) Amendments; initiation.

(1) The City Council or Planning Commission may, upon their own motion initiate a request to amend the text or the district boundaries of this chapter.

(2) Any person, owning real estate within the city may initiate a request to amend the district boundaries or text of this chapter so as to affect the real estate.

(C) Conditional use permit.

(1) Purpose.

(a) The purpose of a conditional use permit is to provide the City of Slayton with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety.

(b) In making this determination, whether or not the conditional use is to be allowed, the city may consider the nature of the adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands immediately close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all other or further factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety.

(2) Reconsideration. Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for a conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for a least 6 months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional 6 months from the date of the second denial unless a decision to reconsider the matter is made by not less than 4/5 vote of the full City Council.

(3) Lapse of conditional use permit by non-use.

(a) Whenever within 1 year after granting a conditional use permit, the work as permitted by the permit shall not have commenced, then the permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council.

(b) The extension shall be requested in writing and filed with the City Clerk/Administrator at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of the petition.

(c) The request for extension shall state facts showing a good faith attempt to complete the work permitted in the conditional use permit. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.

(4) Performance bond. The City Council may require a performance bond where appropriate.

(a) Except in the case of non-income producing residential property, upon approval of a conditional use permit the city shall be provided with a surety, bond, cash escrow, certificate of deposit, securities, or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall guarantee conformance and compliance with the conditions of the conditional use permit and the code book of the city.

(b) The security shall be in the amount of the Zoning Official’s estimated costs of labor and materials for the proposed improvements of development. The project can be handled in stages upon the discretion of the Zoning Official.

(c) The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and ordinances of the city has been issued by the Zoning Official.

(d) Failure to comply with the conditions of the conditional use permit and/or the ordinances of the city shall result in forfeiture of the security.

(5) Compliance. Any use permitted under the terms of conditional use permit shall be established and conducted in conformity to the terms of the permits and of any conditions designated in connection therewith.

(6) Recording. A certified copy of any conditional use permit shall be filed with the Murray County Recorder. The conditional use permit shall include the legal description of the property involved.

(D) Amendments/rezoning.

(1) Adoption. If a request for an amendment or zone change is approved by the City Council, the City Attorney shall then prepare a proper resolution to be adopted by the Council in the same manner as other governmental action. Following adoption, the Zoning Official shall make the appropriate map and/or text change.

(2) Reconsideration. If the request for an amendment is denied, no petition for the same amendment shall be considered for at least 6 months.

(3) Appeal of decision. The decision of the City Council shall not be final. Any person having an interest affected by the decision of the Council shall have the right to appeal to the District Court within 90 days of the date of the Council action.

(Prior Code, § 18.117)