Madison City Zoning Code
AMENDMENTS AND
CONDITIONAL USE PERMITS
§ 151.220 PROCEDURE.
(A) Request for amendments or conditional use permits, as provided within this chapter, shall be filed with the 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 Administrator shall refer the application, along with all related information, to the City Planning Commission for consideration and a report at least 10 days before the next regular scheduled meeting.
(B) The Administrator, on behalf of the Planning Commission, shall set a date for a public hearing for amendments and conditional use permits. Notice of the time, place and purpose of the hearing shall be published in the official newspaper. Notice shall be mailed not less than 10 days to all property owners of record according to the county assessment records or the city’s parcel zoning map, 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 Administrator and made part of 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 subdivision has been made.
(C) The Planning Commission shall consider the request and hold a public hearing at its next regular scheduled meeting unless the filing date falls within 10 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 Administrator shall refer the application, along with all related information, to the City Planning Commission for consideration. The applicant or a representative thereof may 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 affects of the proposed amendment or conditional use. Its judgment shall be based upon (but not limited to) the following general factors:
(1) Relationship to the city’s growth and development patterns;
(2) The geographical area involved;
(3) Whether the use will tend to or actually depreciate the area in which it is proposed;
(4) The character of the surrounding area;
(5) The demonstrated need for the use;
(6) The public need for additional land space for the requested use in the location requested;
(7) Compatibility of adjacent land uses;
(8) The possible presence and effects of noise, odors or other nuisances;
(9) Availability in the present or near future of necessary utilities and public services.
(E) 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, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.
(F) The Planning Commission may recommend and the City Council may impose additional conditions and restrictions which are reasonably necessary to insure compliance with all provisions of this chapter or are deemed necessary to protect the public’s interest. Additional conditions and restrictions include, but are not limited to, matters relating to appearance, lighting, hours of operation and performance characteristics. 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.
(G) Within 30 days from the date of the public hearing, the Planning Commission shall make a finding of fact and recommend the actions or conditions relating to the request to the City Council.
(H) Upon receiving the report and recommendation of the Planning Commission and within 60 days of the Administrator receiving the completed application, the City Council shall place the 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 receiving the report and recommendation of the Planning Commission, the City Council shall either:
(1) Approve or disapprove by majority vote the request as recommended by the Planning Commission based upon whether the application meets the requirements stated in this chapter;
(2) Approve or disapprove by majority vote 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; 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. Approval of a request shall require passage by a majority vote of the full City Council. The Administrator shall notify the applicant of the Council’s action.
(J) 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 and made within 60 days of receipt of a complete application.
(Ord. 333, passed 12-27-2004)
§ 151.221 LAPSE OF CONDITIONAL USE PERMIT BY NON-USE.
Whenever within 1 year after granting a conditional use permit the work as permitted by the permit 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 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. The extension shall be granted by the City Council for a period determined sufficient to complete the work permitted.
(Ord. 333, passed 12-27-2004)
§ 151.222 AMENDMENTS.
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 said real estate. All amendment requests must first be reviewed by the Planning Commission.
(A) An amendment to this chapter may be one of the following:
(1) A change in a district’s boundary (rezoning);
(2) A change in a district’s regulation;
(3) A change in any other provision of this chapter.
(B) The City Council, by a majority vote of its members, after the hearing, may adopt a new zoning ordinance and the amendments or alterations thereto. Two-thirds majority vote of the Council is required for reclassification of land from residential to commercial or industrial. The Planning Commission shall report in writing as to whether in its opinion the proposals to the City Council in any case are reasonably related to the overall needs of the community, to existing land use, or to a plan for future land use and shall conduct a public hearing on such proposed ordinance, changes or alterations.
(Ord. 333, passed 12-27-2004)
§ 151.223 INITIATION OF PROCEEDINGS.
Proceedings for amending this chapter shall be initiated by at least one of the following 3 methods:
(A) By petition of the owner or owners of property which is proposed to be rezoned;
(B) By recommendation of the Planning Commission;
(C) By action of the City Council.
(Ord. 333, passed 12-27-2004)
§ 151.224 REQUIRED EXHIBITS FOR REZONING INITIATED BY PROPERTY OWNERS.
(A) Proof of ownership or intent to own property.
(B) Registered land survey upon Planning Commission request.
(Ord. 333, passed 12-27-2004)