Montpelier City Zoning Code
CONDITIONAL USES
§ 153.055 GENERAL PROVISIONS.
(A) It is recognized all uses will not be addressed in this chapter. The Planning and Zoning Commission reserves the right to require a conditional use permit application for any use not addressed herein.
(B) The applicant for a conditional use permit shall carry the burden of proof in showing the proposed use does not conflict with the spirit or purpose of the comprehensive plan of the city and the standards for conditional use permits set forth in this chapter.
(C) (1) Following a public hearing, the Planning and Zoning Commission may recommend approval, conditional approval or denial of a conditional use permit under the conditions specified in this chapter.
(2) The Planning and Zoning Commission retains the right to recommend additional conditions which would mitigate or eliminate any adverse effects on infrastructure or the health, safety and welfare of the citizens of the city.
(D) A conditional use shall not be considered as establishing a binding precedent to granting other conditional use permits.
(E) A conditional use permit is not transferable from one parcel of land to another.
(Prior Code, § 17.44.010)
§ 153.056 ADMINISTRATIVE PROCEDURES.
Prior to submitting an application for a conditional use permit, the applicant shall complete a pre-application conference with the Administrator and/or staff to discuss the project and application requirements. Upon the recommendation of the Administrator and/or staff, the applicant may be required to present a conceptual plan to the Planning and Zoning Commission before pursuing the request further. The Planning and Zoning Commission shall have the authority to impose reasonable conditions as part of the completed application. These conditions may include bond requirements, letters of approval from applicable agencies, including, but not limited to, the Fire Department, Police Department and City Superintendent, and pictures of the site and the like. The Administrator and/or staff shall send copies of the application to interested public agencies that may be affected by the proposal for review and comment.
(Prior Code, § 17.44.020)
§ 153.057 CONDITIONAL USE PERMIT APPLICATION.
(A) An application for a conditional use permit shall be filed with the Administrator and/or staff by at least one owner or lessee of the property for which such conditional use is proposed.
(B) At minimum, the application shall contain the following:
(1) Name, address and phone number of the applicant;
(2) Legal description of the property;
(3) Description of the existing use;
(4) The zoning district;
(5) Description of the proposed special use;
(6) A plan of the proposed site for the conditional use including the location of all buildings, parking and loading areas, traffic access and circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and other information as the Planning and Zoning Commission may require to determine if the proposed conditional use meets the intent and requirements of this chapter;
(7) A narrative statement evaluating the effects on adjoining property, including the effects of noise, glare, odor, fumes and vibration;
(8) A discussion of the general compatibility with adjacent and other properties in the district; and
(9) A statement discussing the relationship of the proposed use to the comprehensive plan.
(C) If the application is incomplete or insufficiently addressed, the Administrator and/or staff shall inform the applicant in writing of additional items necessary to complete the application. The proposed plan shall be legible and dimensionally accurate within reason. The application shall be complete and the necessary fees paid prior to conducting a public hearing.
(Prior Code, § 17.44.030)
§ 153.058 CONDITIONAL USE STANDARDS.
(A) The Commission shall review the facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing such use at the proposed location:
(1) Will be harmonious and in accordance with the general and specific objectives of the comprehensive plan and the land use ordinance;
(2) Will be designed, constructed, operated and maintained to be harmonious with and appropriate to the existing character of the general vicinity, and that such use will not change the essential character of the same area;
(3) Will not be hazardous or disturbing to the existing neighboring uses;
(4) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
(5) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
(6) Will meet with the approval of persons or agencies responsible for the establishment, regulation and/or maintenance of services to the proposed use;
(7) Will not involve uses, activities, processes, materials, equipment and/or conditions of operation that would be detrimental to any persons, property or the general welfare, including but not limited to, excessive traffic, noise, smoke, fumes, glare or odors; and
(8) Will have vehicular approaches to the property designed so as not to create an interference with traffic on surrounding public thoroughfares.
(B) Depending upon the size of the project, the Planning and Zoning Commission may require studies from the applicant concerning the demographic, social, economic, fiscal and environmental effects of the proposed conditional use.
(Prior Code, § 17.44.040)
§ 153.059 PUBLIC HEARING.
(A) Prior to granting a conditional use permit, at least one public hearing in which interested persons shall have an opportunity to be heard shall be conducted by the Planning and Zoning Commission.
(B) Notice shall be provided as follows.
(1) At least 15 days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper of general circulation within the jurisdiction. Notice may also be made available to other newspapers and radio and television stations serving the jurisdiction for the requested use.
(2) Notice shall be provided to property owners and residents within and 300 feet beyond the external boundaries of the land use being considered as well as any additional area that may be substantially impacted by the proposed conditional use as determined by the Commission. When notice is required to 200 or more property owners or residents, three notices in the newspaper of general circulation may replace mailing notification, provided the third notice appears ten days prior to the public hearing.
(3) Property shall be posted as per state statutes.
(4) The Administrator and/or staff shall provide notification to required public agencies.
(5) Any person may comment on the proposal and submit written comments through the mail or in person. Such comments shall be kept in the case file and presented at the public hearing.
(C) Following public hearing, the Planning and Zoning Commission shall deliberate and make its recommendation to the City Council not later than 30 days from the date of the public hearing. The Planning and Zoning Commission shall outline:
(1) The ordinance and standards used in evaluating the application;
(2) The reasons, facts and findings for its recommendation; and
(3) Comments from the public hearing and such conclusions as support the recommendation for approval, approval with conditions or denial.
(D) A copy of the recommendation to the Council along with conditions, facts and findings and standards used in evaluating the application shall be sent to the applicant within ten days following deliberation and recommendation.
(Prior Code, § 17.44.050)
§ 153.060 ACTION BY THE COUNCIL.
(A) At the next regularly scheduled meeting of the Council, following receipt of the Commission’s recommendation, the Council shall take action or may schedule its own public hearing on the application. If the application is approved or approved with modifications, the Council shall direct the Administrator to issue a conditional use permit listing the conditions specified by the Council for approval.
(B) Prior to granting a conditional use permit, the Council may request studies from the applicant concerning demographic, social, economic, fiscal and environmental effects of the proposed special use.
(C) Upon granting or denying an application, the Council shall specify:
(1) The ordinance and standards used in evaluating the application;
(2) The reasons, facts and findings for approval or denial; and
(3) The actions, if any, that the applicant could take to obtain a permit.
(D) In granting any conditional use, the Council may prescribe appropriate conditions, bonds and safeguards in conformity with this chapter. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this chapter and will void the conditional use permit.
(E) The decision of the City Council shall be final.
(Prior Code, § 17.44.060) Penalty, see § 153.999
§ 153.061 RESUBMISSION OF APPLICATION.
No application for a conditional use permit on any property which has been denied by the Council shall be resubmitted in either substantially the same premises for the same purposes within a period of one year from the date of such final action unless there is an amendment in the comprehensive plan which resulted from a change in conditions as applying to the specific property under consideration.
(Prior Code, § 17.44.070)
§ 153.062 RAILROAD CAR/CARGO CONTAINERS AS STORAGE.
(A) Railroad cars/cargo containers for storage. Railroad cars/cargo containers may be allowed as a conditional use for use as modular storage containers in all zones within the incorporated city limits.
(B) Conditional use permit required. Any individual or entity desiring to place a railroad car/cargo container within the incorporated city limits must first apply for and obtain a conditional use permit; said process of application and approval of the conditional use permit shall be governed and controlled by the procedures set forth in §§ 153.055 through 153.061.
(C) Additional standards for conditional use permit.
(1) In addition to meeting the standards and requirements for a conditional use permit as set forth in §§ 153.055 through 153.061, an application to place a railroad car/cargo container must also be aesthetically pleasing to the surrounding environment and must meet setback requirements and all building code requirements.
(2) A conditional use permit to place a railroad car/cargo container for storage may contain conditions requiring the painting of the container, placing a roof or other roof structure over the container or impose other landscaping requirements.
(D) Temporary use.
(1) Notwithstanding any other provision of this chapter, railroad cars/cargo containers may be placed in all zones for temporary use not to exceed 90 days. Prior to placement, any individual or entity desiring to use a railroad car/cargo container for a temporary use shall first seek and obtain a permit from the city. The permit shall be valid for a period of time not to exceed 90 days. If additional time is needed prior to the expiration of the initial permit, the applicant may apply for an additional permit granting a 90-day extension.
(2) Any structure placed for temporary use, pursuant to the terms of this section, must be placed in a location such that it does not block the site triangle and meets all reasonable requirements of the Building Inspector prior to its placement and must not obstruct city streets or alleyways.
(Ord. 620, passed 4-7-2010)