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Blue Ridge City Zoning Code

§ 14

SPECIFIC USE PERMITS.

14.1 
SPECIFIC USE PERMITS AUTHORIZED:
A. 
The City Council, after public hearing and proper notice to all parties affected and after recommendations from the Planning and Zoning Commission, may authorize the issuance of a specific use permit. The Planning and Zoning Commission in considering and determining its recommendations to the City Council on any request for a Specific Use Permit may require from the applicant, plans, information, operating data and expert evaluation concerning the location and function and characteristics of any building or use proposed.
B. 
The City Council may, in the interest of the public welfare and to assure compliance with this Ordinance, establish conditions or [of] operation, time limit, location, arrangement and construction of any use for which a permit is authorized.
C. 
The City Council shall authorize the issuance of a Specific Use Permit only upon determining that the proposed use or uses are harmonious and adaptable to building structures and uses of adjacent property and other property in the vicinity of the property under consideration; and will complement or be compatible with the surrounding uses and community facilities; contribute to, enhance, or promote the welfare of the area of request and adjacent properties; not be detrimental to the public health, safety, or general welfare; and conform in all other respects to all applicable zoning regulations and standards.
D. 
In authorizing the location of any of the uses listed as Specific Use Permits, the City Council may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view of [or] other undesirable or hazardous conditions.
E. 
The Specific Use Permit may be granted for definite periods of time, after which the Planning and Zoning Commission may in the public interest inquire into the continuation of the permit and based upon its findings recommend its discontinuance or the extension of the time period as set forth in the Ordinance establishing the Specific Use Permit.
F. 
No Specific Use Permit shall be granted unless the applicant, owner, and grantee of the Permit shall be willing to accept and agree to be bound by and comply with the written requirements of the permit.
G. 
Whenever regulations or restrictions imposed by this ordinance are either more or less restrictive than regulations imposed by any governmental authority through legislation, rule or regulation, the regulations, rules or restrictions, which are more restrictive or impose higher standards or requirements shall govern. Regardless of any other provision of this ordinance, no land shall be used and no structure erected or maintained in violation of any State or Federal pollution control or environmental protection law or regulation.
H. 
When the City Council authorizes granting a Specific Use Permit, the Zoning Map shall be amended according to its legend to indicate that the affected area has conditional and limited uses.
I. 
The granting of a Specific Use Permit has no effect on the uses permitted as of right and does not waive the regulations of the underlying zoning district.
14.2 
PROCEDURES FOR ISSUANCE OF SPECIFIC USE PERMITS:
A. 
All applications for Specific Use Permits shall be submitted to the City Council. An application for a Specific Use Permit shall be accompanied by a site plan drawn to scale and showing the general arrangements of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials and location of buildings; the uses to be permitted; location and construction of signs; means of ingress and egress to public streets; visual screening such as walls, landscaping, and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of two hundred (200) feet.
B. 
The City Council shall hold a public hearing on any application for a Specific Use Permit. Written notice of all public hearings shall be given to all property owners having property lying within two hundred (200) feet of the property on which the change is requested. Such notice shall be given not less than ten (10) days before the date set for the hearing and such notice shall be properly addressed and postage paid to each taxpayer as the ownership appears on the last approved tax roll. Notice of such hearing shall also be given by posting in a newspaper of general circulation stating the time and place of such hearing, which time shall not be earlier that [than] fifteen (15) days from the date of publication. A notice shall be posted in the place customarily reserved for council agenda notices at least 72 hours prior to the hearing.
C. 
If a protest against such proposed Specific Use Permit has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty (20%) percent or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 200 feet therefrom, or of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such Specific Use Permit shall not become effective except by a three-fourths (3/4) vote of the City Council.
(Ordinance 2002-0305-AA, sec. 14, adopted 3/5/02)