Ordinance No. 131 Consolidated Land Use Ordinance

Home

5. The Planning Commission or the Zoning Administrator shall have the authority to request additional information from the applicant or to retain expert testimony at the eh expense of the applicant, said information to be declared necessary to evaluate the request and establish performance conditions in relation to all pertinent sections of this Ordinance. Failure on the part of the applicant to supply all necessary supportive information may be grounds for recommendation of denial of the request. 6. The applicant or a representative thereof shall appear before the Planning Commission in order to answer question concerning the proposed request. 7. The Planning Commission shall recommend approval or denial of the request. 8. The City Council shall not act upon such an Overlay request until they have received a report and recommendation from the Planning Commission. If, however, the Planning Commission has not acted upon the request after thirty (30) days from the first regular meeting at which the request was considered, the City Council may proceed with its consideration and action on the request. 9. Upon receiving the report and recommendation of the Planning Commission, the City shall place the report and recommendation on the agenda for the next regular City Council meeting. Such reports and recommendations shall be entered into and made part of the permanent written record of the City Council meeting. 10. Upon receiving the report and recommendation of the Planning Commission, the City Council shall have the option to hold another public hearing if deemed advisable. 11. If, upon receiving such reports and recommendations from the Planning Commission, the City Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the City Council will differ from that of the Planning Commission, the City Council may before taking any final action, refer the matter back to the Planning Commission for further consideration. The City council shall provide a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular request. 3. Approvals. 1. Approval of the Overlay request shall require passage by a four -fifths (4 of 5 votes) majority of the entire City Council. 2. The Institutional Overlay zoning shall not become effective until such time as the City Council approves the overlay and after said approval is published in the official newspaper. 3. Prior to the start of building or any remodeling that will change the outside dimensions of a building or structure, in the Institutional Overlay Zone, a plan review, in accordance with section 14.1 of the Zoning Ordinance, shall be made. No building permits shall be issued until this plan review is complete. 4. Denials. 1. If the City Council finds that a proposed use contemplated for the parcel which is the subject of an application for rezoning to Institutional Overlay Classification is likely to have a material adverse effect on the public health, safety of general welfare after considering possible adverse effects which may include, but not be limited to, those delineated in Section 15.8.2.1.4 (1-7) above, then such application shall be denied. 5. Recording of Actions Taken. 1. If a request for an Institutional Overlay receives approval by the City Council, the applicant shall record such with the County Recorder within thirty (30) days of the approval date. The applicant, immediately upon recording such or as soon as is reasonably possible, furnish the City proof of recording, no building permits for the property in question will be granted until such proof of recording is furnished to the City. Updated January 2025 — Gem Lake Consolidated Land Use Ordinance No. 131 69