§ 161.136 APPLICATION AND PROCEDURE.

   A conditional use shall not be recommended by the Planning Commission unless and until:

   (A)   A written application for a conditional use is submitted, indicating the section of this ordinance under which the conditional use is sought and stating the grounds on which it is requested. Application shall be made on forms obtained from the City Clerk.

   (B)   Notice shall be given not less than 15 nor more than 30 days in advance of the public hearing. Where the petitioner is the City of Mt. Vernon, the City Manager for the City of Mt. Vernon or the Chairman of the Industrial Commission of the City of Mt. Vernon and the property affected by the requested conditional use exceeds 60 acres, notice of such hearing indicating the date, time, and place, legal description or Real Estate Tax Parcel Index Numbers (PIN) of the property for which conditional use is sought and nature of the proposed conditional use shall be printed in a newspaper of general circulation within Mt. Vernon. In all other cases, the petitioner, his agent, or attorney shall cause such notice to be given in each of the following ways:

      (1)   The owner of the property for which the conditional use is sought, or his agent, shall be notified by mail as to the time, date and place of public hearing;

      (2)   Notice of such hearing indicating the date, time and place, the legal description and common street address or the Real Estate Tax Parcel Index Number (PIN) of the property for which the proposed conditional use is sought, and nature of the proposed conditional use, shall be printed in a newspaper of general circulation within Mt. Vernon;

      (3)   Notice of such hearing indicating the date, time, place, the legal description and common street address or the Real Estate Tax Parcel Index Number (PIN) of the property for which the proposed conditional use is sought, and nature of the proposed conditional use, shall be posted at the City Hall and in a prominent place on the property for which the conditional use is sought;

      (4)   The notice required herein to be posted upon the property affected shall be in the following form:

         (a)   The basic form of notice shall be furnished by the City, shall be a metal or other permanent sign with the main panel thereof being not less than 18 inches by 24 inches in bold black or other conspicuous color. Such sign shall remain the property of the City. The petitioner shall pay to the City in cash or by check a deposit of $50 which shall be refunded after the hearing and after the petitioner shall return the metal sign to the City. In the event the petitioner shall not return the metal sign, then the petitioner shall forfeit the deposit; and in addition, the City Council may delay its final decision upon the application until return of the sign.

         (b)   The notice shall bear the legend, “PROPOSED ZONING CHANGE AND/OR CONDITIONAL USE THIS PROPERTY”, and also shall have printed thereon the words, “FOR INFORMATION PHONE [phone]”. The notice shall further have affixed thereto a copy of the notice which is published which shall be typed and shall further have a plastic cover to protect such notice from the weather.

         (c)   The notice shall be posted so as to be conspicuous and visible from the road or street nearest the principle structure on the property and if there is no structure, then from the principle road or street adjacent thereto. If the lot is a corner lot or through lot as defined by the Zoning Ordinance of the City of Mt. Vernon, then such notice shall be posted on each side of the lot facing the street or road. In no event shall the notice be posted more than 10 feet nor less than 5 feet from each such street or road.

      (5)   Proof that each of the notices required herein has been given shall be provided by the petitioner by delivering an authentic certificate of publication of the notice published in a newspaper of general circulation and providing a verified certificate of posting and mailing as to the other notices required herein.

      (6)   Each notice shall use not only the zoning classification by number, but also the relief requested. An example is, “To amend the Zoning Classification from R-1, Low Density Residential District to B-2, Secondary Business District”.

   (C)   The public hearing shall be held. Any party may appear in person, or by agent or Attorney.

(Prior Code, Art. 21, § 21-113.1)

§ 161.137 FINDINGS.

   (A)   The Planning Commission shall make a finding that is empowered under the section of this ordinance described in the application, to recommend to the City Council the conditional use and that the granting of the conditional use will not adversely affect the public interest.

   (B)   Before any conditional use permit shall be recommended to the City Council, the Planning Commission shall make written findings certifying compliance with the specific requirements governing individual conditional uses, if any, and that satisfactory provision and arrangement has been made concerning the following, where applicable:

      (1)   Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

      (2)   Off-street parking and loading areas where required, with particular attention to the items in (B)(1) above and the economic, noise, glare or odor effects of the conditional use or adjoining properties and properties generally in the district.

      (3)   Refuse and service areas, with particular reference to the items in (B)(1) and (B)(2) above.

      (4)   Utilities, with reference to locations, availability and compatibility.

      (5)   Screening and buffering; with reference to type, dimensions, and character.

      (6)   Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.

      (7)   Required yards and other open space.

      (8)   General, compatibility with adjacent properties and other property in the district.

(Prior Code, Art. 21, § 21-113.2)

§ 161.138 FINAL DECISION.

   After receiving the recommendation of the Planning Commission, the City Council shall grant or deny the application for conditional use.

(Prior Code, Art. 21, § 21-113.3)

AMENDMENTS

§ 161.150 GENERALLY.

   The regulations imposed and the districts created by this ordinance may be amended from time to time by ordinance after this ordinance has gone into effect.

(Prior Code, Art. 21, § 21-114)

§ 161.151 APPLICATION AND PROCEDURE.

   No amendment of this Ordinance shall be made by the City Council unless and until:

   (A)   A written application for amendment is submitted indicating the type of amendment sought. The application for amendment shall be made on form obtained from the City Clerk and shall be accompanied by a fee to defray the cost of processing the application. The fee less costs incurred by the administrative official shall be refunded if the legal notice has not been published.

   (B)   Notice shall be given not less than 15 or more than 30 days in advance of the public hearing. Where the petitioner is the City of Mt. Vernon, the City Manager for the City of Mt. Vernon, or the Chairman of the Industrial Commission of the City of Mt. Vernon and the property affected by the requested zoning amendment exceeds 60 acres, notice of such hearing, indicating the date, time, place, legal description or the Real Estate Tax Parcel Index Numbers (PIN) of the property for which the proposed change in zoning is sought, and nature of the proposed change in zoning shall be printed in a newspaper of general circulation within Mt. Vernon. In all other cases, the petitioner, his agent, or attorney shall cause such notice to be given in each of the following ways:

      (1)   The owner of the property for which the proposed change in zoning is sought, or his agent, shall be notified by mail as to the time, date and place of public hearing.

      (2)   Notice of such hearing indicating the date, time and place, the legal description and common street address or the Real Estate Tax Parcel Index Number (PIN) of the property for which the proposed change in zoning is sought and nature of the proposed change in zoning shall be printed in a newspaper of general circulation within Mt. Vernon.

      (3)   Notice of such hearing indicating the date, time, place, the legal description and common street address or the Real Estate Tax Parcel Index Number (PIN) of the property for which the proposed change in zoning is sought, and nature of the proposed change in zoning, shall be posted at the City Hall and in a prominent place on the property for which the proposed change in zoning is sought.

      (4)   The notice required herein to be posted upon the property affected shall be in the following form:

         (a)   The basic form of notice shall be furnished by the City, shall be a metal or other permanent sign with the main panel thereof being not less than 18 inches by 24 inches in bold black or other conspicuous color. Such sign shall remain the property of the City. The petitioner shall pay to the City in cash or by check a deposit of $50 which shall be refunded after the hearing and after the petitioner shall return the metal sign to the City. In the event the petitioner shall not return the metal sign, then the petitioner shall forfeit the deposit; and in addition, the City Council may delay its final decision upon the application until return of the sign.

         (b)   The notice shall bear the legend, PROPOSED ZONING CHANGE AND/OR CONDITIONAL USE THIS PROPERTY and also shall have printed thereon the words, “FOR INFORMATION PHONE [phone].” The notice shall further have affixed thereto a copy of the notice which is published which shall be typed and shall further have a plastic cover to protect such notice from the weather.

         (c)   The notice shall be posted so as to be conspicuous and visible from the road or street nearest the principle structure on the property and if there is no structure, then from the principle road or street adjacent thereto. If the lot is a corner lot or through lot as defined by the Zoning Ordinance of the City of Mt. Vernon, then such notice shall be posted on each side of the lot facing the street or road. In no event shall the notice be posted more than 10 feet or less than 5 feet from each such street or road.

      (5)   Proof that each of the notices required herein has been given, shall be provided by the petitioner by delivering an authentic certificate of publication of the notice published in a newspaper of general circulation and providing a certificate of posting and mailing as to the other notices required herein.

      (6)   Each notice shall use not only the zoning classification by number, but also by common designation for describing the current zoning and also the relief requested. An example is, “To amend the zoning classification from R-1, Low Density Residential District to B-2, Secondary Business District”.

   (C)   The public hearing shall be held before the Zoning Board of Appeals. Any part may appear in person or by agent or attorney.

   (D)   In case of a written protest against any proposed amendment of the regulations or districts signed and acknowledged by the owners of 20% of the frontage immediately adjoining, or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the City Clerk, the amendment shall not be passed, except by a favorable vote or 2/3 of the City Council then holding office.

(Prior Code, Art. 21, § 21-114.1)

APPEALS FROM BOARD OF APPEALS, PLANNING COMMISSION AND CITY COUNCIL