Basin City Zoning Code
CHAPTER 11
6 PERMITS AND FEES
§ 11-6-1 ZONING COMPLIANCE PERMITS.
A.
Permit Required: A zoning compliance permit issued by a designated zoning officer shall be required for all construction or demolition of a building.
B.
Review before Issuance: All zoning compliance permit applications for industrial uses, commercial uses, institutional uses, public uses and facilities, manufactured home courts, planned residential developments, and multi-family dwellings shall require development plan review and approval by the planning commission.
C.
Form of Application: Applications for zoning compliance permits and development plans shall be made on forms provided by the town. The planning commission is authorized to develop appropriate forms that specify the necessary project information, site layout, and design details that applicants should provide to allow the commission to efficiently conduct its review.
D.
Basis of Review: Review shall be based on a development plan submitted to the zoning officer at least 10 working days prior to a regular planning commission meeting. The planning commission shall review development plans for conformance to the performance standards, zone regulations, and other standards contained in this title.
E.
Issuance After Review: After review of the development plan by the planning commission, the planning commission shall within 60 days:
1.
Recommend to the town council to approve the permit; or
2.
Recommend to the town council to approve the permit with stipulations; or
3.
Recommend to the town council to reject the permit. The commission shall list its reasons in writing within 14 days after the decision is made.
F.
Permit Issuance: The designated zoning officer may issue zoning compliance permits when the officer is satisfied that the proposed project conforms to the requirements of this title. In cases where planning commission approval of a development plan is required, the officer shall issue the zoning compliance permit only after the planning commission has reviewed and the town council has approved the plan.
G.
Duration of Permit: A zoning compliance permit is valid for one year. Application would again be necessary before activity proceeds in future years.
(Ord. 685, 11-12-2020)
§ 11-6-2 INTERIM USE PERMITS.
A.
Any use listed as an interim use in this title shall be allowed only upon application, review and recommendation of the planning commission to the town council.
B.
The applicant for interim use permit shall fill out and submit to the planning commission an application for an interim use permit at least 10 days prior to a regularly scheduled planning commission meeting. When such permit is completed and submitted, the appropriate fee shall be paid in order for the application to be considered complete and to receive consideration by the planning commission. A site evaluation shall be conducted by the appointed town designee and, as applicable, the planning commission prior to consideration of the permit by the town council.
C.
Required Findings of Fact: The planning commission shall during its public hearing consider and include in its recommendation to the town council consideration of the following findings of fact:
1.
Whether the proposed use adversely affects the public safety, health, morals, convenience and general welfare of the occupants of surrounding land.
2.
Whether the proposed use adversely affects traffic conditions and parking on adjacent streets and land.
3.
Whether the proposed use adversely affects property in the surrounding area.
4.
Whether adequate utility, drainage and other such necessary facilities have been or can be provided.
5.
Requirement to notify the Town of Basin within 30 days of the transfer of ownership of a property subject to an interim use permit.
(Ord. 685, 11-12-2020)
§ 11-6-3 CONDITIONAL USE PERMITS.
In consideration of the granting of any conditional use permit the planning commission shall evaluate the effect of the proposed use upon:
A.
Proposed Findings of Fact:
1.
The maintenance of the public health, safety and welfare.
2.
The location of the site with respect to existing and proposed access roads.
3.
Its compatibility with adjacent land uses.
4.
Its compatibility with the intent of the zoning district in which such use is proposed.
5.
The ability to provide pedestrian and bicycle access, as noted in the site plan, to any customer/tenant, ingress/egress of the building, including from a public right-of-way and off-street parking area that serves the use in a manner which minimizes non-vehicular/vehicular conflicts.
B.
Upon consideration of the factors listed above, the planning commission may attach such reasonable conditions in addition to those required elsewhere in ordinance, which it deems necessary for the furtherance of the purposes set forth in this title. Such conditions attached to conditional use permits may include, but shall not be limited to:
1.
Increased yards and setbacks;
2.
Limitations on odor, dust, noise, and light pollution;
3.
Periods and/or hours of operation;
4.
Minimum number of off-street parking spaces;
5.
Type of construction;
6.
Adequate access for all pedestrians, including those using wheelchairs or any other mobility aid, subject to requirements in the Americans with Disabilities Act.
7.
Deed restrictions;
8.
Landscaping and vegetative screening;
9.
Specified sewage treatment and water supply; connections;
10.
Location of signs;
11.
Any other reasonable requirements necessary to fulfill the purposes and intent of this title.
C.
The procedure for applying for a conditional use permit is as follows:
1.
An applicant desiring a conditional use permit shall fill out and submit to the planning commission a completed conditional use permit request form.
2.
The appropriate fee shall be paid in order for the application to receive consideration by the planning commission.
3.
The appointed town designee shall make a written recommendation to the planning commission.
4.
The planning commission will forward its recommendation to the town council for consideration at its next scheduled meeting. If it recommends approval of the conditional use permit, the commission may recommend conditions it considers necessary to protect the public health, safety and welfare.
5.
Public Hearings: In the event that a public hearing is called, the applicant shall pay publishing fees and the town shall publish notice of said hearing at least twice in the town's official newspaper. The notice shall contain the location of the proposed development a description of it.
6.
If the council grants the conditional use permit, the town council may impose reasonable stipulations it considers necessary to protect the public health, safety and welfare.
7.
Any change involving structural alterations, enlargement, intensification of use, or similar change not specifically allowed by the original conditional use permit issued shall require an amended conditional use permit and all procedures shall apply as if a new permit were being issued.
(Ord. 685, 11-12-2020)
§ 11-6-4 FEES.
In order to defray administrative costs, the applicant will pay all costs associated with the processing of applications for zoning compliance, conditional use permits, interim use permits, variance requests, and zone change or amendments, a schedule of fees shall be as follows:
Zoning Compliance/Land Use Permit:
Manufactured/Modular Home | Included in building permit fee |
Residence/Principal Structure | Included in building permit fee |
Accessory Structure/Addition to Existing Structure | Included in Building permit fee |
Other Fees:
Zone Change/Amendment | $300.00 |
Interim Use Permit | $25.00 |
Conditional | $100.00 |
Variance | $300.00 |
Notice Fee (Applies to All Permits Requiring a Public Hearing) | $100.00 or proof of proper notice |
Engineering/Other Professional Reviews *Required from Owner | Hourly rate billed to town plus 2% |
Late Fee | $100.00 for construction or new land use prior to permit approval |
(Ord. 685, 11-12-2020)