HomeMy WebLinkAboutOrdinance No. O03-04ORDINANCE NO. O03-04
ORDINANCE AN[ENDING CHAPTER 17.62 OFTHE LAUREL M-IJNICIPAL CODE
RELATING TO CONDITIONAL USE PERMIT.
WHEREAS, changes have been recommended to bring the Laurel City Code into
compliance with state laws; and
WHEREAS, it is in the best interests of the residents of the City of Laurel to pass such an
ordinance;
IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, that the
LAUREL MUNICIPAL CODE is hereby amended as is set forth below.
Chapter 17.62 shall be amended as follows:
Chapter 17.62 CONDITIONAL LAND USES
Sec~iolL~:
17.62.010
17.62.020
17.62.030
Purpose
Requirements
Applications Process
17.62.010 PURPOSE.
The purpose of conditional land uses is to provide for specific uses, other than those already
allowed in each zoning district, which may be compatible uses in the district under certain
safeguards or conditions. The conditional land use permitting process is intended to provide a
detailed and comprehensive review of such proposed, compatible developments and to insure the
interest of the public, the community, and the larger neighborhood area are protected.
Conditional uses, once granted by the City, are sight specific and mn with the land. Land use
changes not specifically included in the approval of a Conditional Use are a violation of the City
Zoning Ordinance.
17.62.020 REQUIREMENTS.
No structure or land use may be used for any purpose other than those allowed within a zoning
district as specified in the Zoning Ordinance unless either a variance has been granted (under
Chapter 17.60 or 17.64 of this Ordinance) or a conditional land use permit therefore has been
provided. The Zoning Commission may recommend and the City can require any information
that will allow the decision makers to comprehensively evaluate and decide on applications for
conditional uses brought before them. The Zoning Commission may recommend and the City
can require, after consideration of the application for conditional use, those conditions under
which such land use may be allowed to include but not be necessarily limited to the following:
Ordinanccs/ConditionalUsePermit 1
Adequate ingress and egress with concern for vehicular and pedestrian safety and
convenience, traffic flow and control, and emergency access as reviewed and approved
by the City Public Works Director;
Adequate off-street parking and loading with attention to vehicular and pedestrian safety,
and traffic flow;
Conditions that control, specify, or plan for the generation of odors, noise, hours of
operation, signage, or impact on the neighborhood or natural systems;
Adequate landscaping, screening, mitigation of impact on adjacent property, and
buffering; and
E. Compatibility w/th adjacem and neighborhood land uses and Laurel's GMP.
17.62.030 APPLICATION PROCESS.
Twelve copies of the Conditional Use Application Form and required review fee shall be
submitted to the Planning Board Secretary thirty working days prior to the regularly scheduled
Zoning Commission/Planning Board meeting at which the application will be considered. The
Planning Board Secretary shall note the time of reeeipt, keep one copy, send one copy to the City
Planner, and forward the remainder to the members of the Zon/ng Commission.
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The Zoning Commission shall publish notice of public hearing in the local newspaper at
least 15 days prior to the Zoning Commission meeting at which the application will be
considered; adjacent property owners of record within 150 feet of the application
property shall also be notified by mail by the Zoning Commission. The applicant or the
authorized agent must attend the public hearings before both the Zoning Commission and
the City Council.
The Conditional Use Application shall include twelve copies of:
(1)
(2)
(3)
(4)
(~)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Conditional Use Application Form.
Legal description of the property.
Address or general location of property.
Existing zoning.
Specific land use being requested.
Reason for request.
Scaled drawings of the subject property, proposed use, existing buildings and
improvements, adjacent land use, fences, etc.
Other information as may be needed by the Zoning Commission.
Name, address, and telephone number of owner of record.
Name, address, and telephone number of agent of owner of record.
List of current property owners adjacent to and within 150 feet of the parcel for
which a Conditional Use Permit is sought.
Review fee.
Ordinances/ConditionalUsePermit 2
ARer the public hearing for the conditional use, the Zoning Commission shall delay its
recommendation to City Council no longer than 30 working days. The City Council shall
publish notice of and conduct a second public hearing before the Council, consider the
recommendation of the Zoning Commission, and make its decision.
This ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on
July 1 ,2003, by Alderman Oakes
PASSED and ADOPTED by the Laurel City Council on second reading this 5th day
of August ,2003, upon motion of Alderman Oakes
APPROVED BY THE MAYOR this 5~th ~t
~]hn E. Jo~on, Jr., M~or\
ATTEST:
Mary K. ~nbleton, Clerk-Treasurer
,2003.
APPROVED A.S TO F~O~.~L~
M~rk Anderson, Temporary City Attorney
Ordinances/ConditionalUsePermit 3