Blanding City Zoning Code

Certain uses which may be harmonious under particular conditions and in specific locations within a zoning district, but improper under general conditions and in other locations, are classified as conditional uses within the various districts and require conditional use permits. 

NOTES:

1. See also subsection 10-3-2B4d of this title where the board of adjustment is given authority to authorize conditional use permits.

HISTORY:

(Ord. 1978-1, 3-8-1978, as amended)

A conditional use permit shall be required for all uses listed as conditional uses in the district regulations or elsewhere in this title. A conditional use permit may be revoked upon failure to comply with conditions precedent to the original approval of the permit, as such are established by the board of adjustment or building inspector, as the case may be.

1. Application: Application for a conditional use permit shall be made by the property owner or certified agent thereof to the building inspector. The building inspector shall submit the application to the board of adjustment; except that the board of adjustment may authorize the building inspector to grant or deny conditional use permits, subject to such limitations or qualifications as are deemed necessary to maintain the integrity of the master plan and general well being of the neighborhood.
2. Documents: Applications for conditional use permits shall be accompanied by detailed site plans drawn to scale, statements and other documents as required by the board of adjustment to assist in arriving at the appropriate decision.
3. Fee: Applications for any conditional use permit shall be accompanied by the appropriate fee, if any, as determined by resolution of the city council, no part of which is returnable.
4. Public Hearing: No public hearing need be held; however, a hearing may be held when the board of adjustment shall deem such a hearing to be necessary and in the public interest.
5. The board of adjustment may delegate to the building inspector the holding of the hearing.
6. The building inspector shall submit to the board of adjustment a record of findings and recommendations relative thereto, for the consideration of the board of adjustment.
7. Such hearing, if deemed necessary, shall be held not more than thirty (30) days from the date of application. The particular time and place shall be established by the building inspector.
8. The building inspector shall cause notice of hearing to be posted on any affected property for not less than ten (10) days prior to the date of said hearing and by any other method the board of adjustment may provide. Failure of the property owners to receive notice of said hearing shall in no way effect the validity of action taken. 

HISTORY:

(Ord. 1978-1, 3-8-1978, as amended)

(Ord. 1978-1, 3-8-1978, as amended; amd. 2007 Code)

(Ord. 1978-1, 3-8-1978, as amended)

The board of adjustment, or upon authorization, the building inspector, may permit a conditional use to be located within any district in which the particular conditional use is permitted by the use regulations of this title. In authorizing any conditional use, the board of adjustment shall impose such requirements and conditions as required by law and any conditions as may be necessary for the protection of adjacent properties and the public welfare.

1. The board of adjustment shall establish policies regarding landscaping, fencing, lighting, ingress/egress, height of buildings, etc., to guide the decision of the building inspector to ensure consistency in the issuance of conditional use permits.
2. The building inspector is authorized to bring any conditional use permit application before the board of adjustment if, in his opinion, the general public interest will be better served by review by the board of adjustment.
3. The board of adjustment shall not authorize a conditional use permit unless the evidence as presented is such to establish that:
4. The proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood and the community; and
5. Such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; and
6. The proposed use will comply with regulations and conditions specified in this title for such use; and
7. The proposed use will conform to the intent of the master plan.
8. The board of adjustment and/or the building inspector, as the case may be, shall consider the following in making its determination of whether to grant a conditional use. These are meant by way of example and not by limitation:
9. Effect the proposed use has on neighboring property, i.e., whether such use is in harmony with it or would have an adverse effect on the neighborhood;
10. Effect the proposed use has on the future development of the area;
11. Traffic congestion or hazard;
12. Public convenience or welfare;
13. Public safety (gasoline storage, poisons, explosives, etc.);
14. Regulation of competitive uses;
15. Concept of best and highest use;
16. Municipal services - are they adequate to service and supply the proposed use and all ramifications thereof (e.g., water supply, schools, sewer, fire and police). 

HISTORY:

(Ord. 1978-1, 3-8-1978, as amended)

1. Authorized:
2. Board Of Adjustment: Any person shall have the right to appeal the decision of the building inspector to the board of adjustment by filing a letter with the board of adjustment within five (5) days of the building inspector's action, stating the reason for said appeal and requesting a hearing before the board of adjustment at the earliest regular meeting of the board.
3. City Council: Any person shall have the right to appeal to the city council at any regular meeting thereof within ten (10) days following the date upon which the decision from which appeal is being taken is made by the board of adjustment. After receiving said appeal, the city council may reaffirm the board of adjustment decision or set a date for public hearing.
4. Notification Of Board Of Adjustment: The city council shall notify the board of adjustment of the date of said review in writing at least seven (7) days preceding said date set for hearing so that said board of adjustment may prepare the record for said hearing.
5. Determination Of City Council: The city council, after proper review of the decision of the board of adjustment, may affirm, reverse, alter or remand for further review and consideration any action taken by said board of adjustment. 

HISTORY:

(Ord. 1978-1, 3-8-1978, as amended)

Following the issuance of a conditional use permit by the board of adjustment, the building inspector shall approve an application for a building permit and shall ensure that development is undertaken and completed in compliance with said permit.

HISTORY:

(Ord. 1978-1, 3-8-1978, as amended)

Unless there is a substantial action under a conditional use permit within a maximum period of one year of its issuance, the conditional use permit shall expire. The board of adjustment may grant a maximum extension of six (6) months under exceptional circumstances and when deemed to be in the public interest. 

HISTORY:

(Ord. 1978-1, 3-8-1978, as amended)

A conditional use permit for temporary uses may be issued pursuant to the above provisions for a maximum period of six (6) months, with renewals at the discretion of the board of adjustment for not more than three (3) successive periods thereafter.

HISTORY:

(Ord. 1978-1, 3-8-1978, as amended)