Braham City Zoning Code
AMENDMENTS, CONDITIONAL
USE PERMITS
§ 154.380 AMENDMENTS, INITIATION.
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. 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. All amendment requests must first be reviewed by the Planning Commission.
(Ord. 199, passed 2-7-2000)
§ 154.381 PROCEDURE.
(A) Request for amendments or conditional use permits, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall also be accompanied by complimentary copies of detailed written and graphic materials, fully explaining the proposed change, development, or use. The Zoning Administrator shall refer the application, along with all related information, to the City Planning Commission for consideration and a report at least ten days before the next regular meeting.
(B) The Zoning Administrator, on behalf of the Planning Commission, shall set a date for a public hearing. Notice of the hearing shall be posted, as provided by state law, at least ten days prior to the date of the hearing. Notice shall also be mailed not less than ten days to all property owners of record, according to the county assessment records, within 350 feet of the property to which the request relates. A copy of the notice, and a list of the property owners and addresses to which the notices were sent, shall be attested to by the Zoning Administrator or City Administrator, and made part of the official record. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made.
(C) The Planning Commission shall consider the request and hold a public hearing at its next regular meeting, unless the filing date falls within 15 days of the meeting, in which case the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The Zoning Administrator shall refer the application, along with all related information, to the City Planning Commission for consideration. The applicant, or a representative thereof, shall appear before the Planning Commission in order to answer questions concerning the proposed amendment or conditional use.
(D) The Planning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgment shall be based upon, but not limited to, the following factors:
(1) Relationship to the city’s growth management system;
(2) The geographical area involved;
(3) Whether the use will tend to, or actually, depreciate the area in which it is proposed; and
(4) The character of the surrounding area.
(E) The Planning Commission, City Council, 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.
(F) The Planning Commission shall make a finding of fact, and recommend the actions or conditions relating to the request to the City Council. For all conditional uses, the following conditions shall be met:
(1) The land area and setback requirements of the property containing a use or activity shall be the minimum established for the district;
(2) Where applicable, all city, state, and federal laws, regulations, and ordinances shall be complied with, and all necessary permits secured;
(5) The proposed water, sewer, and other utilities shall be capable of accommodating the proposed use;
(6) The street serving the proposed use or activity shall be of sufficient design to accommodate the proposed use or activity, and the use or activity shall not generate additional extra traffic to create a nuisance or hazard to existing traffic or to surrounding land uses;
(7) All access roads, driveways, parking areas, and outside storage, service, or sales areas shall be surfaced or grassed to control dust and drainage;
(8) All open and outdoor storage, sales, and service areas shall be screened from view from the public streets, and from abutting residential districts;
(9) All lighting shall be designed as to have no direct source of light visible from adjacent residential areas or from the public streets;
(10) The use or activity shall be properly drained to control surface water runoff;
(11) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in the property values, or constitute a blighting influence; and
(12) Where structures combine residential and non-residential uses, the uses shall be separated and provided with individual outside access, and the uses shall not conflict in any manner.
(G) All conditions pertaining to a specific site are subject to change when the Planning Commission or City Council, upon investigation, finds that the community safety, health, welfare, and public betterment can be served as well, or better, by modifying the conditions.
(H) Upon receiving the report and recommendation of the Planning Commission, the City Council shall place the application, and/or report and recommendation, on the agenda for the next regular meeting. The reports and recommendations shall be entered in, and made part of, the permanent written record of the City Council meeting.
(I) Upon reviewing the application, and/or receiving the report and recommendation of the Planning Commission, the City Council shall take one of the following actions:
(1) Approve or disapprove the request as recommended by the Planning Commission;
(2) Approve or disapprove the recommendation of the Planning Commission with modifications, alterations, or differing conditions. The modifications, alterations, or differing conditions shall be in writing and made part of the Council’s records; and/or
(3) Refer the recommendation back to the Planning Commission for future consideration. This procedure shall be followed only one time on a singular action.
(J) Approval of a request shall require passage by two-thirds vote of the full City Council. The Zoning Administrator or City Administrator shall notify the applicant, in writing, of the Council’s action.
(K) The recommendation of the Planning Commission shall be advisory to the City Council. The decision of the City Council shall be final subject to judicial review.
(L) A certified copy of any amendments or conditional use permits shall be filed with the County Recorder. A legal description of the property shall be included.
(Ord. 199, passed 2-7-2000)
§ 154.382 LAPSE OF CONDITIONAL USE PERMIT.
(A) Within one year after granting a conditional use permit, if the terms, as permitted, shall not have been completed, 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. The extension shall be requested, in writing, and filed with the Zoning Administrator or City 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. 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, and shall be requested only one time on a singular action.
(B) A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this subchapter shall prevent the city from enacting or amending official controls to change the status of conditional uses.
(Ord. 199, passed 2-7-2000)
§ 154.383 PERFORMANCE BOND.
(A) The Planning Commission and City Council shall have the authority to require a performance bond or other security when it is deemed necessary.
(B) Except in the case of non-income producing residential property, upon approval of a conditional use permit, the city may be provided with a surety bond, cash escrow, certificate of deposit, other securities, or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The securities shall guarantee conformance and compliance with the conditions of the conditional use permit, and the ordinances of the city.
(C) The security may be in the amount of the City Council’s estimated costs of labor and materials for the proposed improvements or development. The project can be handled in stages upon the discretion of the City Council.
(Ord. 199, passed 2-7-2000)