Beaver City Zoning Code

Certain land uses have unique characteristics or potential negative effects which may not always be compatible in a zone or area without necessary additional conditions to mitigate or limit adverse impacts. The purpose of a conditional use is to authorize uses which may be otherwise incompatible within the various zoning districts except for imposition of certain conditions, but only provided that requirements in the conditional use permit of approval limit the adverse impacts from the use on surrounding people. 

HISTORY:

Ord. 1-10-2017, 1-10-2017

CHANGE IN MARKET VALUE: An increase or decrease in the value of property, whether such change is a perceived or actual economic impact.

CONDITIONAL USE: A land use that has unique characteristics or negative effects that may not be compatible in an area without conditions to mitigate or eliminate the detrimental impacts.

DETRIMENTAL IMPACT: Any use which impacts the public's health, safety or welfare in some way which negatively impacts a legitimate governmental interest.

PUBLIC CLAMOR: Any discussion, protest or statement which opposes implementation of a conditional use which is not directly tied or derived from a detrimental impact. 

HISTORY:

Ord. 1-10-2017, 1-10-2017

No person or entity shall operate or conduct a use designated as a conditional use within the applicable zone without first obtaining a conditional use permit from the city. No building permit or other permit or license shall be issued for the use requiring conditional use approval until a conditional use permit shall first have been approved by the city.

HISTORY:

Ord. 1-10-2017, 1-10-2017

An application for a conditional use permit shall be processed as provided in this section.

1. A complete application shall be submitted to the city and shall include at least the following:
2. The name, address and telephone number of the applicant.
3. The name, address, and telephone number of the property owner if different than the applicant.
4. The address and parcel number of the subject property.
5. A complete description of the proposed conditional use.
6. A plot plan showing the following:
7. Applicant's name.
8. Site address.
9. Property boundaries and dimensions.
10. Layout of existing and proposed buildings and parking areas.
11. Applicants for an accessory dwelling unit shall provide a floor plan of the entire home, showing both the primary and accessory dwellings.
12. Applicants for commercial uses shall provide an accurate and complete description of proposed business activities.
13. Such other and further information or documentation as staff or the planning commission may deem necessary in order to allow the planning commission to make a well informed decision.
14. An application fee as indicated on the consolidated fee schedule.
15. Mailing labels, first class postage, and envelopes for all properties located within three hundred feet (300') of the property on which the conditional use is proposed to be located.
16. After a complete application is submitted and reviewed, staff shall schedule a public hearing before the planning commission. Notice of the meeting shall be given in accordance with this title.
17. The planning commission shall hold a public hearing and thereafter shall approve, approve with conditions, or deny the application pursuant to the standards set forth in section 11-13-5 of this chapter. Any conditions of approval shall be limited to conditions needed to conform to the conditional use permit approval standards.
18. After a decision is made by the planning commission, staff shall provide the applicant written notice of the decision along with any conditions and findings.

HISTORY:

Ord. 1-10-2017, 1-10-2017

1. A conditional use permit may be issued for a use to be located within a zone where the particular conditional use is allowed by the use regulations of the zone.
2. A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards.
3. Conditions may concern use, constructions, character, location, landscaping, screening, lighting, parking, hours of operation, and other matters related to the purposes and objectives of this chapter.
4. Any conditions shall be expressly set forth in the motion authorizing the conditional use permit.
5. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied.
6. The following factors shall be reviewed and considered in determining whether a conditional use application should be approved, approved with conditions, or denied:
7. Whether the proposed use will cause unreasonable risks to the safety of persons or property because of vehicular traffic or parking, large gatherings of people, or other causes.
8. Whether the proposed use will unreasonably interfere with the lawful use of surrounding property.
9. Whether the proposed use will create a need for essential municipal services which cannot be reasonably met.
10. Whether the proposed use will in any other way be detrimental to the health, safety, or general welfare of the persons residing in the vicinity or injurious to property in the vicinity.
11.  Whether the proposed use will create a noise, air or other nuisance which disturbs the peaceful and quiet enjoyment of neighboring properties constituting a lawful nuisance as defined herein.

HISTORY:

Ord. 1-10-2017, 1-10-2017

No conditional use shall be denied based upon a change in the market value of real estate, public clamor, or any other grounds which cannot be reasonably mitigated through implementation of a conditional use permit.

HISTORY:

Ord. 1-10-2017, 1-10-2017

Unless otherwise specified by the city, and subject to the provisions of section 11-13-10 of this chapter relating to amendment or revocation of a conditional use permit, a conditional use permit shall be of indefinite duration and shall run with the land. The city may grant a conditional use permit for a limited time if it finds that the limited permit is necessary to protect the health, safety and general welfare of the community.

HISTORY:

Ord. 1-10-2017, 1-10-2017

No conditional use may be expanded without the approval of the planning commission. Before expanding, the applicant shall complete an application for conditional use permit and identify the nature, degree and extent of the desired expansion. Applicant shall follow all application procedures set forth in section 11-13-4 of this chapter, as though applying for the original conditional use permit.

HISTORY:

Ord. 1-10-2017, 1-10-2017

A conditional use permit shall expire and become null and void if the permit has not been implemented by the recipient within one year from the date of approval. The permit shall be considered implemented if the applicant either engages or participates in the conditional use, or completes substantial construction of the project for which the conditional use has been granted. Under reasonable circumstances, the applicant may seek a onetime six (6) month extension prior to the expiration of one year.

HISTORY:

Ord. 1-10-2017, 1-10-2017

1. Authority; Interested Party: Any interested party may apply to the city for the amendment or revocation of a conditional use permit. For purposes of this section "interested party" shall include the following persons or entities:
2. The owner or lessee of the property for which the conditional use was granted.
3. The city.
4. Any owner or lessee of property that lies within three hundred feet (300') of the property for which the conditional use permit was granted.
5. Any person that can show that the conditional use has a direct impact upon his or her health, safety or welfare.
6. Fee: Any person or entity, other than the city, seeking to amend or revoke a conditional use permit, shall pay a fee in an amount to be established by the city council.
7. Procedure: The procedure for amending or revoking a conditional use permit shall be the same as the original application procedure set forth in section 11-13-4 of this chapter.
8. Conditions: A conditional use permit may be amended at the request of the holder of the permit upon a showing of good cause. A conditional use permit may be amended or revoked at the request of any other interested party if the city council finds one or more of the following:
9. The conditional use permit was obtained by misrepresentations or fraud.
10. The use for which the permit was granted has ceased or has been suspended for twelve (12) months.
11. The holder or user of the conditional use permit has failed to comply with any of the conditions placed on the issuance of the permit.
12. The holder or user of the conditional use permit has failed to comply with any city regulations governing the conduct of the use.
13. The holder or user of the conditional use permit has failed to construct or maintain the approved site as shown on the approved site plan.
14. The operation of the use or the character of the site has been found to be a nuisance or a public nuisance by a court of competent jurisdiction in any civil or criminal proceeding.
15. Hearing: No conditional use permits shall be amended or revoked against the wishes of the applicant for the permit without first giving the applicant an opportunity to appear before the planning commission and show cause as to why the permit should not be amended or revoked. Amendment or revocation of the permit shall not limit the city's ability to initiate or complete other legal proceedings against the holder or user of the permit.

HISTORY:

Ord. 1-10-2017, 1-10-2017

Beaver City shall have the authority to enforce the terms and conditions of the conditional use permit, including compliance with the conditions. Enforcement may include compliance with the permit or termination of the permit, if necessary.

HISTORY:

Ord. 1-10-2017, 1-10-2017

Any applicant who is aggrieved by any decision or order of the planning commission for denial of a conditional use permit hereunder may appeal such decision within ten (10) days from the date of notice of the planning commission decision. Appeal to the city council shall be filed in writing and postmarked or hand delivered to the Beaver City office at its regular place of business. The following procedures shall apply:

1. The appeal shall state the basis of the appeal, including all relevant information regarding why the applicant believes that denial of the conditional use permit is improper;
2. The appeal shall state and provide all relevant information regarding why applicant believes that the conditional use permit should be granted; and
3. Provide a map or explanation of the area and surrounding properties.

Upon the application being completed and delivered timely, Beaver City council shall meet within thirty (30) days, or at the next regularly scheduled meeting thereafter to consider said appeal. 

HISTORY:

Ord. 1-10-2017, 1-10-2017