2022-22 Ordinance Granting a Conditional Use Permit in the M-2 Heavy Industrial District to allow for an Automotive Salvage Operations at 3696 Greenswitch Road

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and Automotive Parts Recycler can share the same property because a tow company is related to the "operation of automobiles." INPUT FROM OTHER SOURCES: The Legal Department has provided assistance in the drafting of the Conditional Use Permit Ordinance and has provided a memorandum outlining the legal parameters for zoning and conditional use permit decisions along with notice requirements which is attached with this Council memorandum. On January 03, 2002, City staff was notified that the public hearing notice sign was not visible on the subject site. City staff checked the site and noticed that the sign was not visible on that date. City staff re-erected public hearing notice signs on the site on that date. The City's notice requirements are posting of the sign for 10 days prior to and up to the public hearing (Plan Commission meeting), in addition to a public notice advertised in a local newspaper 14 days prior to the public hearing that was published in the Decatur Tribune on November 24, 2022. From the Legal Department Memo regarding Notice Requirements: A legislative body, such as the City Council, is not required to strictly conform to its own standards in enacting a zoning ordinance as long as the resulting ordinance represents a rational means to accomplish an otherwise legitimate legislative purpose. Further, the principals of substantive and procedural due process apply at all stages of the decision- making process. A sign was posted on this property by City staff and affidavits submitted stating that the sign was posted for the length of time the zoning ordinance requires. The matter was heard at Plan Commission and at least once before the City Council. This is not an issue that should affect whether the petition should be granted. STAFF REFERENCE: Any additional questions may be forwarded to Greg Crowe (gcroweL&decaturil.gov). BUDGET/TIME IMPLICATIONS: None.