Big Lake City Zoning Code
§ 23
AMENDMENTS.
A.
GENERAL
The zoning regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed. Such amendments, supplements, changes, modifications or repeal shall be deemed to amend, supplement, change, modify or repeal the comprehensive plan of the city and shall become a part of such comprehensive plan.
An amendment to this ordinance may be initiated by a written request of the owner or his or her agent, the zoning administrator, the planning and zoning commission, or the city council on its own motion when it finds that the public may benefit from the consideration of such matter.
B.
PROCEDURE
All requests for amendments to zoning district boundaries shall be submitted, together with required fees to the zoning administrator or his or her designated administrative official, whom shall cause notices to be sent and the petition placed on the planning and zoning commission agenda. Requests for changes in zoning districts shall include the proposed designation or designations for the area concerned. Alternative proposals may be made at the time of filing the original request for amendment, however all hearings and deliberations shall be limited to the request as submitted by the applicant at the time of original filing.
C.
POSTING SIGN
The zoning administrator, or his or her designated administrative official, shall have at least one (1) sign erected on the property to be rezoned which sign shall have a total area of at least four (4) square feet. This sign shall, if possible, be located adjacent to a street and in a conspicuous place. The sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the city council or when the applicant withdraws the request, whichever comes first. The sign shall state that a zoning change has been requested on that particular property and the telephone number of the city offices from where dates of public hearings and more information about the zoning request may be obtained. The erection or continued maintenance of signs shall not be deemed a condition precedent to the granting of any zoning change or holding of any public hearing.
D.
HEARINGS AND NOTICES
The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established after receiving a report thereon from the planning and zoning commission. A public hearing on such amendment, supplement, or change shall be held by both the planning and zoning commission and the city council. Notice of hearings shall be given by publication one (1) time in the official newspaper of the city, stating the time and place of such hearings, which time shall not be earlier than fifteen (15) days from the date of publication. Publication of such change shall be accomplished by publishing a descriptive caption of the proposed change.
Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for city taxes, located within the area of application and within two hundred feet (200') of any property affected thereby, within not less than ten (10) days before such hearing is held. Such notices may be served by using the last known address as listed on the latest approved city tax roll and depositing the notice, postage paid, in the United States mail.
E.
FAILURE TO APPEAR
Failure of the applicant or his representative to appear before the Planning and Zoning Commission for more than one hearing without an approved delay shall constitute sufficient grounds for the Planning and Zoning Commission to terminate the application.
F.
PLANNING AND ZONING COMMISSION CONSIDERATION AND REPORT
The planning and zoning commission, after conducting a hearing on a zoning request, shall report its recommendations on the zoning request to the city council for their consideration. The planning and zoning commission may recommend favorable approval of the request or that the request be denied, with or without prejudice. Every proposal which is recommended favorably or unfavorably by the planning and zoning commission shall automatically be forwarded to the city council for public hearing and consideration. When the planning and zoning commission determines that the proposal should be denied, it shall report the same to the city council and the applicant. A hearing before the city council shall be set on a application recommended for denial only when an appeal is filed by the applicant with the zoning administrator or his or her designated administrative official provided the appeal is requested within fifteen (15) days of the planning and zoning commission’s decision.
G.
APPLICATION NOT TO BE CONSIDERED FOR ONE HUNDRED EIGHTY (180) DAYS AFTER DENIAL OF REQUEST FOR REZONING
No application for rezoning shall be considered within one hundred and eighty (180) days of denial of a request by city council for the same classification on the same property.
H.
PROTEST AGAINST CHANGE
In case of a protest against such change signed by the owners of twenty percent (20%) or more either of the land included in such proposed change, or of the land within two hundred (200) feet thereof, such amendment shall not become effective except by the favorable vote of three-quarters (3/4ths) of all the members of the city council present and qualified to vote.
I.
ACTION ON APPLICATION
The proponent of any zoning change shall satisfy the city council that either the general welfare of all the city affected by the area to be changed will be enhanced, or that the property is unusable for the purposes allowed under existing zoning. If such is proved to the council’s satisfaction, it may grant the requested zoning change; or it may change the zone’s designation of a portion of such property; or it may initiate a request to consider changing all or a portion of such property to a district other than that requested and of a different character.
J.
SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED; PETITION FOR ZONING DISTRICT CHANGE OR SPECIFIC USE PERMIT
When, in the opinion of the zoning administrator or his or her designated administrative official, the planning and zoning commission, the city council, or the board of adjustment, greater information is required from the applicant concerning the nature, extent and impact of his or her request than supplied with his or her application for a change in zoning, variance, or specific use permit, in order to properly review and evaluate all relevant factors thereof, the planning and zoning commission, city council, or the board of adjustment may require the applicant to submit a site plan and/or supporting documents conforming with all or a portion of the requirements set forth in this section, prior to rendering a decision thereon.
The applicant is encouraged to meet with the zoning administrator or his or her designated official in an informal work session to ascertain the exact extent of plans and documents required, if any, prior to the city initiating the advertisement for public hearing on the petition.
The general type and extent of plans and supporting documents which may be required of the petitioner include, but are not necessarily limited to:
1.
Site Plan
Meeting all of the requirements of a “preliminary plat,” as described in the city’s subdivision regulations, except that topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project’s petition. Additional site plan drawing information which the reviewing body may require include:
(a)
Existing and proposed zoning district;
(b)
A tabular summary schedule indicating:
(1)
The gross acreage and percent of each type of zoning category proposed;
(2)
The gross acreage and percent of each type of land use proposed, with streets and open space categories listed separately, and residential uses further stratified as to type, i.e., single-family, two-family, multifamily, townhouse, etc., including the total gross project acreage;
(3)
The gross residential density of each type of residential land use proposed, expressed in dwelling units per acre; and based on net residential land use plus one-half (1/2) of any abutting street only;
(4)
The quantitative number of dwelling units proposed for each residential dwelling type, i.e., single-family, two-family, etc.; and
(5)
Proposed maximum lot coverage by building and land use types, i.e., “R-1”, “R-2”, “R-3”, “R-4”, “MH”, “LR”, “C”, and “I” expressed in terms of percent or floor area ratio of the lot or site;
(c)
General outline of extensive tree cover areas;
(d)
Drainageways and 100-year floodplain limits;
(e)
Proposed treatment for screening the perimeter of the land embraced by the petition, including screening of internal separations of land use, where required;
(f)
Proposed internal non-vehicular circulation linkages, such as: pedestrian paths and hike trails; bike trails; and equestrian bridle paths, where applicable, including their interrelationships with vehicular circulation systems and proposed handling of points of conflict; and
2.
Architectural Drawings
Elevations, concept sketches, or renderings depicting building types and other significant proposed improvements, including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant’s land use and development proposals; and
3.
Written Documents
In narrative form on 8-1/2" x 11" sheets, including:
(a)
Statement(s) on planning objectives to be achieved in use/development proposal, including a narrative description of the character of the proposed development and rationale behind the assumptions and choices made by the applicant, including use and ownership of open spaces, etc.;
(b)
Legal description of the total site area proposed for rezoning, development, or conditional use permit;
(c)
A development schedule indicating the approximate date(s) when construction of the proposed development, and subsequent stages or phases thereof, if any, can be expected to begin and be completed, to the best of the applicant’s knowledge and belief;
(d)
A statement as to the present and proposed ownership of the site or parcels thereof embraced by the application;
(e)
Economic feasibility and/or market analysis studies, when deemed necessary by the reviewing body to adequately assess the necessity for zoning certain parcels to the sizes indicated by the applicant, or to evaluate the need for granting a conditional use permit;
(f)
Environmental assessment statement, prepared pursuant to the National Environmental Policy Act of 1969, and any subsequent amendments thereto, when deemed necessary by the reviewing body to properly assess the impact of the proposed development/land use on the existing environment;
(g)
Statement(s) as to how and when the applicant proposes to provide water and sewer to the development; and
(h)
Signature, title and date of the applicant, at the conclusion of the written documents certifying the information presented in the plans and supporting documents reflecting a reasonably accurate portrayal of the general nature and character of the proposals.
(Ordinance 050517-1 adopted 5/17/05)