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Gillette City Zoning Code

SECTION 12

AMENDMENT PROCEDURES

a. Statement of Policy

It is the intent of the City of Gillette that this ordinance, which includes this ordinance and the district zoning map, have been established for the purpose of promoting sound and desirable development and for maintaining stable land use patterns. In harmony with this purpose, the ordinance and map shall not be amended, except to (1) correct an obvious error or oversight in the regulations; or to: (2) recognize changing conditions in the City, which require that amendments be adopted for the promotion of the public health, safety or92 general welfare. In conformity with this statement of policy, the City Council and the Development Services Department 27, 92 may initiate amendments, or any person, firm or corporation may initiate amendments in the manner hereinafter set forth.

Effective on: 1/1/1901

b. Amendments: Type and How Made

  • Amendments shall be of two (2) types:
    1. language amendments which seek to change the wording of the Zoning Ordinance; and
    2. map amendments which seek to change the district boundary lines on the district zoning map.
  • Applications for amendments of either type shall be made to the Zoning Administrator. The Zoning Administrator may develop forms for this purpose. The application shall include, among other things:
    1. name and address of the applicant;
    2. applicant's interest in the application, i.e., whether owner of the land or structure affected, or agent;
    3. name and address of any other interested parties, such as owner or developer;
    4. nature and effect of the proposed amendment; and
    5. statement of the legal basis for such an amendment, whether to correct an error or to recognize changing conditions.
  • Amendments to the district zoning map shall, in addition, include:
    1. legal description and map of the area sought to be rezoned; map shall show relationship of the property to abutting properties;
    2. existing zoning district designation and proposed zoning district designation;
    3. time schedule for development; and
    4. names and addresses of all owners of land within the area proposed for rezoning and within one hundred forty feet (140') of the outer limits of the area proposed for rezoning; in determining the one hundred forty feet (140'), the width of any intervening street or alley shall not be included.
  • Zoning Administrator shall review the application for correctness and completeness and shall report to the City Council concerning the nature of the application and the date of its filing. The Zoning Administrator shall refer a copy of the application to the Department of Community Development 27 for its recommendation and may refer a copy to any other agency which might be affected by the amendment for comment.
  • The Zoning Administrator shall seek a timely response from agencies in regard to the application. If a response or notification that a response will be given is not forthcoming within thirty (30) days from the date on which the application was sent, then the agency not responding will be considered to have no objection.
  • The Zoning Administrator shall assemble all comments, including those of the Department of Community Development27, and schedule the matter for a public hearing before the Planning Commission and for later consideration at a regular meeting of the City Council.

    • Effective on: 1/1/1901

    c. Public Hearing

  • The Planning Commission shall hold a public hearing on all amendments to this ordinance and to the district zoning map, at which all interested parties shall have an opportunity to be heard. Notice of the time and place of the public hearing, and the nature of the amendment sought, shall be given by one (1) publication in a newspaper of general circulation in the City, at least fifteen (15) days prior to the date of such hearing. Also, the area which is to be the subject of the hearing shall be posted for at least fifteen (15) days prior to the hearing. The posted notices shall be in number, size and location as prescribed by the Zoning Administrator and shall state the present zoning classification, the proposed zoning classification and the time and place of the public hearing, on standard signs provided by the City. Notices shall be posted by a designated City official and removed by the same within fifteen (15) days after the public hearing has been held.
  • After its public hearing and after due deliberation, the Planning Commission shall certify its findings and recommendations on any proposed amendments to this ordinance or to the district zoning map to the City Council, in writing.
  • No zoning amendment shall be considered by the Council until after it has been the subject of a public hearing before the Planning Commission, and the Commission has forwarded its findings and the recommendations to the Council. In its deliberations on zoning matters before it, the Council shall take into consideration any evidence and material available to it, comments of public agencies and the findings and recommendations of the Planning Commission. No zoning change shall be put into effect unless a majority of the Council votes in favor of its adoption.
  • In the event of a protest to a proposed amendment of the district zoning map, duly signed and acknowledged by the owners of twenty percent (20%) or more of the area of the lots included within the proposed change, or those immediately adjacent within a distance of one hundred forty feet (140'), the amendment shall not become effective, except by the affirmative vote of three fourths (3/4) of all the members of the City Council. In determining the one hundred forty feet (140'), the width of any intervening street or alley shall not be included.
  • All protests to a proposed amendment to the district zoning map, or any withdrawals from such a protest, shall be filed with the Zoning Administrator at least twenty four (24) hours before the time set by notice for the Council meeting at which the proposed amendment will be considered.

    • Effective on: 1/1/1901

    d. Amendments for Mineral Extraction or Production

  • All mineral extraction and/or production activity shall take place in an I-2 District.
  • Applications for amendments to allow mineral extraction and production shall follow the amendment procedures outlined in Sections 12.b. and 12.c. of this ordinance.
  • After the required public hearing has been held, and after due deliberation by the City Council, the City Council may:
    1. request that State or Federal approvals be withheld, pending recommended modifications; and
    2. impose such additional conditions and safeguards as they deem necessary to protect the surrounding environment or adjacent uses of land, while yet permitting the reasonable extraction and production of the minerals in question.

    • Effective on: 1/1/1901

    e. Limitations on Filing

    No application for the change of a zoning district classification shall be made by a property owner or his agent for any land area which has been the subject of a public hearing conducted by the City Council within the immediately preceding, twelve (12) month period, and which hearing resulted in a rejection of the proposed zoning. This limitation shall not apply to land for which a different zoning classification is sought than the one rejected by the Council.

    Effective on: 1/1/1901

    f. Minimum Size of Area 5, 8, 16, 21 (See Page 12-124a)

  • Intent. It is the intent of this ordinance that all zoning districts be of such a size as to function effectively when developed to the use for which the district was intended and to be of substantial benefit to significant segments of the populace of the City of Gillette. For that reason, no amendment to this ordinance shall be adopted, whereby a zoning classification is established for any land area, unless the area to be zoned meets the following minimum size requirements for the zoning districts as noted:
    1. Agricultural District (A) - 20 acres
    2. Rural Residential District (R-R) - 10 acres
    3. Suburban Residential District (R-S) - 10 acres
    4. Single Family Residential District (R-1) - 10 acres
    5. Single and Two Family Residential District (R-2) - 3 acres
    6. Single and Multiple Family Residential District (R-3) - 3 acres
    7. Multi Family Residential District (R-4) - 2 acres
    8. Mobile Home District (M-H) - 5 acre
    9. Enhanced Manufactured Home District (E-MH) - 7 acres 63
    10. Enhanced Manufactured Home Suburban Residential District (E-MH R-S) - 10 acres 63
    11. Office and Institutional District (C-O) - 1 acre
    12. Planned Neighborhood Business District (C-P) - 1 acre 12
    13. General Commercial District (C-1) - 4 acres
    14. Central Business District (C-2) - 20 acres
    15. Business/Services District (C-3) - 10 acres
    16. Light Industrial District (I-1) - 5 acres
    17. Heavy Industrial District (I-2) - 10 acres
  • How measured. For the purpose of computing the size of an area for compliance with Section 12.f.(1) above, there shall be included:
    1. one-half (½) of the area of abutting rights-of-way, not however, to exceed a dimension of fifty feet (50') to the centerline;
    2. all of the area of public rights-of-way interior to the area being changed;
    3. adjacent and contiguous land within the City already zoned in the zoning classification being sought for the new area; and
    4. adjacent and contiguous land in the surrounding county that is zoned in a similar category or is used substantially for uses similar to those being sought by the applicant.

    • Effective on: 1/1/1901