[Ord. No. 28 Art.
X §111, 8-18-1980]
Whenever the public necessity, convenience, general welfare
or good zoning practice require, the City Council may by ordinance,
after recommendation thereon by the City Planning Commission and subject
to the procedure provided in this Article, amend, supplement or change
the regulations, district boundaries or classifications or property,
now or hereafter established by this Chapter or amendments thereof.
It shall be the duty of the Planning Commission to submit its recommendations
regarding all applications or proposals for amendments or supplements.
An amendment, supplement, reclassification or change may be initiated
by the Commission on its own motion or by a verified application of
one (1) or more of the owners or lessees of property within the area
proposed to be changed or affected by this Chapter.
[Ord. No. 28 Art.
X §112, 8-18-1980; Ord. No. 493 §1, 9-5-1995]
A. Applications for Change. Applications for any change of
district boundaries or classifications or property as shown on the
Zoning Map, and for regulation amendments, shall be submitted to the
Planning Commission, at its public office, upon such forms, and all
shall be accompanied by such data and information, as may be prescribed
for that purpose by the Commission, so as to assure the fullest practicable
presentation of facts for the permanent record. Such data shall include
in any event a plat or map drawn to a scale of not less than two hundred
(200) feet to the inch showing the land in question, its locations,
the length and location of each boundary thereof, the location of
properties within three hundred (300) feet of such land. Each such
application shall be verified by at least one (1) of the owners or
lessees of property within the area proposed to be reclassified, attesting
to the truth and correctness of all facts and information presented
with the application. Applications for amendments or district changes
initiated by the Commission itself shall be accompanied by its own
motion pertaining to such proposed amendment.
B. List of Property Owners. Any person or persons desiring
a change in the zoning classification of property shall file with
the application for such change a statement giving the names and addresses
of the owners of all properties lying within three hundred (300) feet
of any part of the exterior boundaries of the premises the zoning
classification of which is proposed to be changed.
C. Payment Of Administrative Expenses. Upon receipt of the
application and list of property owners, the City Clerk shall certify
the accuracy of the list of property owners to the Planning Commission,
City Council and to the applicant, prior to any notices of the public
hearing. The application and supporting documents shall be accompanied
by a payment to the City in the sum of two hundred dollars ($200.00)
to cover the cost of publication of notice, the cost of mailing the
notices to the list of property owners, and to cover the City's costs
to verify the list of property owners, plus an additional five dollars
($5.00) for each and every property owner on the list in excess of
twenty-five (25) property owners.
[Ord. No. 28 Art.
X §113, 8-18-1980]
A. Notice of Public Hearing. Before submitting its recommendations
to the City Council, the Planning Commission shall hold at least one
(1) public hearing thereon, notice of which shall be given by one
(1) publication in a newspaper of general circulation in the City
at least fifteen (15) days before the date of such hearing.
B. Commission — Recommendations. The Commission may recommend
that the application be granted as requested, or it may recommend
a modification of the zoning amendment requested in the application,
or it may recommend that the application be denied. These recommendations
shall then be certified to the Council.
[Ord. No. 28 Art.
X §114, 8-18-1980]
A. Public Hearing. After receiving from the Commission the
certification of said recommendations on the proposed amendment or
supplement, and before adoption of such amendment, the City Council
shall hold a public hearing thereon, at least fifteen (15) days notice
of the time and place of which shall be given by publication in a
newspaper of general circulation in the City.
B. Council — Final Action. Following such hearing and
after reviewing the recommendations of the Commission thereon, the
City Council shall consider such recommendations and vote on the passage
of the proposed amendment to the text of this Chapter or the Zoning
Map. The City Council may over-rule the recommendations of the Commission
by three-fourths (¾) vote of the full membership of the Council.
[Ord. No. 28 Art.
X §115, 8-18-1980]
Whenever the City Council has taken under advisement a change
or amendment of the Zoning Map from a less restricted district to
a more restricted district classification, as evidenced by resolution
or record, no zoning certificate or building permit shall be issued
within sixty (60) days from the date of such resolution which would
authorize the construction of a building or the establishment of a
use which would become non-conforming under the contemplated redistricting
plan.
[Ord. No. 469 §1, 4-3-1995; Ord.
No. 478 §§1 — 2, 7-3-1995; Ord. No. 494 §1, 9-5-1995; Ord. No. 718 §11, 3-17-2003; Ord.
No. 964 §4, 1-22-2013]
A. Subject
to the provisions of this Section, the City Council of the City of
Scott City may, after a public hearing before the City Council, and
after study and report by the City Planning and Zoning Commission,
authorize the special uses enumerated in this Section, which uses
are otherwise prohibited in the district in which said use is to be
located.
B. Application For Permits. Application for Special Use Permits,
along with the necessary legal description, site plan, descriptive
materials relating to the intensity and extent of use, and the list
of property owners within three hundred (300) feet, shall be made
to the City Administrator. All applications shall be accompanied by
an application fee in the sum of two hundred dollars ($200.00) to
cover the City's administrative costs, review of the special permit
application, verifying the list of property owners, publication costs,
mailing expense to property owners on the list, plus an additional
five dollars ($5.00) for each and every property owner to be notified
in excess of twenty-five (25) property owners.
C. Planning And Zoning Commission Review. The application and all related materials shall be submitted to the Planning and Zoning Commission for evaluation. All special use permit applications shall contain such information and shall be processed in the same manner as provided for in Section
400.350, Section
400.360 and Section
400.370 of the City Code, relating to zoning changes.
D. Zoning Code Districts. Each of the zoning code districts enumerated in Section
400.040 of the Scott City Code is hereby assigned a use level, as follows:
|
Zoning Code District
|
Use Level
|
---|
|
"A-1" Agriculture District
|
Level I
|
|
"R-1" Single-Family Residence
|
Level II
|
|
"R-2" Multiple-Family Residence
|
Level III
|
|
"C-1" General Business District
|
Level IV
|
|
"C-2" Highway Commercial District
|
Level V
|
|
"I-1" Light Industrial District
|
Level VI
|
|
"I-2" Heavy Industrial District
|
Level VII
|
|
"F-1" Flood Plain District
|
Level VIII
|
|
"M-1" Manufactured/Mobile Home District
|
Level IX
|
E. Standards Relating To Special Use Permits. All applications
for special use permits within a Zoning District shall be evaluated
based on the following:
[Ord. No. 1101, 10-9-2017]
1.
The application must be for a special use permit, which would
only be permissible in a Zoning Code district of a higher (more restrictive)
use level. For example, a request to construct a single-family house
(R-1) in a multi-family area (R-2) may be approved since a structure
allowed in Level II would be built in a Level III use area.
2.
Consideration to allow a special use permit shall be based on all factors set forth in Section
400.400 of the Code.
F. In
granting a "Special Use Permit" the City Council
may impose, and the Planning and Zoning Commission may recommend,
appropriate conditions and safeguards as may be deemed necessary to
insure compliance with the requirements of this Zoning Code and to
protect adjacent property and conserve property values.
G. Split Uses. Planning and Zoning Commission may recommend and the City Council may approve a Special Use Permit for a portion of the applicant's premises or separate use permits for different uses on the same premises, provided all standards required in Subsection
(E) of this Section are complied with.
H. Special Use Permits Are Personal. All Special Use Permits
shall be personal to applicant and applicant's spouse and are not
subject to transfer or assignment by the applicant or applicant's
spouse and shall not pass to the heirs of the applicant or applicant's
spouse upon their death.
I. Yearly Review. The Building Inspector shall review all Special
Use Permits previously granted on a yearly basis and report his findings
to the Planning and Zoning Commission. Upon receipt of said report,
if the Planning and Zoning Commission determines any condition or
standard required to be complied with in the grant of the Special
Use Permit has been violated, the Planning and Zoning Commission may
recommend to the City Council revocation or suspension of the Special
Use Permit.
J. Revocation Or Suspension. The City Council may, after reasonable
notice to the owner and a hearing, revoke or suspend any Special Use
Permit herein granted, with or without the recommendation of the Planning
and Zoning Commission, upon the finding that the owner of the premises
for which the Special Use Permit has been granted has violated any
of the covenants or standards required in granting the Special Use
Permit, has allowed any nuisance on the premises as defined by City
ordinances, or has permitted criminal activity to be conducted upon
the premises.
[Ord. No. 1102, 10-9-2017]
A. Subject to the provisions of this Section, the City Council of the
City of Scott City may, after a public hearing before the City Council,
and after study and report by the City Planning and Zoning Commission,
authorize the conditional uses enumerated in this Code, which uses
are not permitted as a matter of right.
B. Application For Permits. Application for Conditional Use Permits,
along with the necessary legal description, site plan, descriptive
materials relating to the intensity and extent of use, and the list
of property owners within three hundred (300) feet, shall be made
to the City Administrator. All applications shall be accompanied by
an application fee in the sum of two hundred dollars ($200.00) to
cover the City's administrative costs, review of the conditional use
permit application, verifying the list of property owners, publications
costs, mailing expense to property owners on the list, plus an additional
five dollars ($5.00) for each and every property owner to be notified
in excess of twenty-five (25) property owners.
C. Planning And Zoning Commission Review. The application and all related materials shall be submitted to the Planning and Zoning Commission for evaluation. All conditional use permits shall contain such information and shall be processed in the same manner as provided for in Section
400.350, Section
400.360 and Section
400.370 of the City Code, relating to zoning changes.
D. Standards Relating To Conditional Use Permits. The Conditional Use permits apply primarily to "I-1" (light industrial) and "I-2" (heavy industrial) districts. All applications for conditional use permits within a zoning district shall be evaluated based on the facts as set forth in Section
400.400 of the Code.
[Ord. No. 1103, 10-9-2017]
A. All applications for special use or conditional use permits within
a zoning district shall be evaluated based on the following:
1.
The site plan meets the standards required of the Zoning Code
and other applicable regulations with respect to the proposed development
or use.
2.
Existing buildings proposed to be converted to uses requiring
a "Special Use or Conditional Use Permit" must meet all current, fire,
health, building, plumbing, and electrical requirements of the City.
3.
The proposed site plan does not interfere with easements, roadways,
rail lines, utilities, and public or private rights-of-way.
4.
The proposed site plan does not destroy, damage, detrimentally
modify or interfere with the enjoyment and function of significant
natural topographical or physical features of the site.
5.
The proposed use is not injurious or detrimental to the use
and enjoyment of surrounding property.
6.
The proposed use does not create hazards to safety on or off
the site, and does not cause undue interference or inconvenience to
vehicular and pedestrian travel on or off the site.
7.
The proposed site plan provides adequate shielding, by means
of open spaces, buffer strips, screen walls, fences, hedges or landscaping,
for the protection of nearby uses which may be incompatible with the
proposed use.
8.
The proposed use is compatible with other land uses in the general
neighborhood area.
9.
The proposed site plan does not create drainage or erosion problems
on or off the site.
10.
The proposed site plan does not substantially increase fire
hazards.
11.
The proposed site plan does not overtax public utilities.
12.
The proposed use, if it complies with all conditions, on which
approval is made contingent, will not adversely affect other property
in the vicinity or the general welfare of the city.
B. Yearly Review. The Building Inspector shall review all Special Use
and Conditional Use Permits previously granted on a yearly basis and
report his findings to the Planning and Zoning Commission. Upon receipt
of said report, if the Planning and Zoning Commission determines any
condition or standard required to be complied with in the grant of
the Special Use Permit or Conditional Use Permit has been violated,
the Planning and Zoning Commission may recommend to the City Council
revocation or suspension of the Special Use Permit or Conditional
Use Permit.
C. Revocation Or Suspension. The City Council may, after reasonable
notice to the owner and a hearing, revoke or suspend any Special Use
Permit or Conditional Use Permit herein granted, with or without the
recommendation of the Planning and Zoning Commission, upon the finding
that the owner of the premises for which the Special Use Permit or
Conditional Use Permit has been granted has violated any of the covenants
or standards required in granting the Special Use Permit or Conditional
Use Permit, or has allowed any nuisance on the premises as defined
by City ordinances, or has permitted criminal activity to be conducted
upon the premises.