2025 07-08 PC Packet - Laserfiche WebLink

Home

Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 90 8. Adoption of the Amendment and Incorporation of Amendments into the Ordinance. The Zoning Administrator shall promptly notify the applicant in writing of the decision of the City Council, said notice considered delivered upon deposit for delivery with the US mail. In the case of approvals and unless otherwise specified by the City Council, the Amendment shall be considered in effect on a date specified by the City Council, but not later than thirty (30) days subsequent to the City Council’s decision. 7. Appeals 1. All appeals from any order, requirement, or decision of the Zoning Administrator or Building Official shall be brought before the Planning Commission who shall act in the capacity of Board of Appeals in all matters related to this Ordinance. 2. All appeals shall be filed in writing with the Zoning Administrator accompanied by any substantiating information and list of experts who shall may testify on behalf of the appellant. Upon receipt, materials shall be forwarded to the Chairman of the Planning Commission who shall place the matter on the agenda of the next meeting or a special meeting, provided a notice of the special meeting is appropriately published in the City’s legal publication. Notice of all hearings for appeals shall be mailed to all appellants. 3. Upon review of the appeal and supplemental documentation and testimony related thereto, the Planning Commission shall decide the matter subject to judicial review or appeal to the City Council. 4. In the event the appeal is granted, it shall be published in the City’s legal publication and shall become effective the date of publication. 8. Fees. 1. Application Fees. The fees to be paid to the City for an application for amendment of this Ordinance, a Variance from this Ordinance, a Conditional or Interim Use Permit, or any construction, plumbing, electrical, mechanical or other related permit shall be made payable to the City in an amount established, and from time to time, amended by resolution of the City Council. 2. Supplemental Costs. In addition to application fees, the City shall require payment of supplemental costs related to an action or application including, but not limited to: attorney’s fees, fees of outside experts; staff time; direct expenses exceptional to the effort and as identified by City staff. The applicant shall deposit funds with the City, to be held in escrow, for payment of these supplemental costs, as determined by the City Council in ordinances adopted from time to time setting forth fees and charges for City services. Any application fees shall be applied to the costs incurred by the City. All expenses and costs incurred by the City in connection with an application under this Ordinance shall be borne by the applicant, and paid prior to final a ction on the application. Any amounts remaining from a deposit posted by an applicant shall be refunded to the applicant within thirty (30) days after final action on the application. 3. Fees shall be payable at the time applications are first filed with the City and are not refundable unless the application is withdrawn prior to referral of the matter for consideration. There shall be no fee in the case of an application filed in the public interest by members of the Planning Commission or City Council. 9. Violations and Penalties. Any person, firm, corporation, or voluntary association which violates or refuses to comply with any of the provisions of this Ordinance shall be charged with a misdemeanor and, upon conviction thereof, subject to the maximum penalties provided for by law and costs for every offense. Each day that a violation is permitted to exist shall constitute a separate offense.