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Chenoa City Zoning Code

CHAPTER 13

SPECIAL USE PERMITS

10-13-1: PURPOSE, AUTHORITY:

Certain types of uses may be permitted in the particular zoning districts when special consideration has been given to the site itself and the characteristics of surrounding property. The purpose of this Chapter is to allow the City Council, after a recommendation by the Zoning Board of Appeals, the authority to impose certain conditional standards when taking into consideration the characteristics of the surrounding property. (Ord. 282, 1992)

10-13-2: STANDARDS FOR CONSIDERATION:

The Zoning Board of Appeals shall prepare a record of the findings of fact and decision in each case from the evidence presented at the public hearing. The Board shall use the following standards when considering an application for a special use permit:
   A.   That the proposed use is consistent with the Chenoa land use plan;
   B.   That the proposed use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
   C.   That the proposed use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses already permitted, or substantially reduce the value of neighboring property;
   D.   That the proposed use will not impede orderly growth, development and improvement of surrounding properties for those uses permitted in the zoning district;
   E.   That the proposed use is provided or will be provided with adequate utilities, access roads, drainage and necessary facilities. (Ord. 282, 1992)

10-13-3: PROCEDURES:

   A.   Public Hearing Required: No special use permit shall be considered except after a public hearing has been conducted by the Zoning Board of Appeals as provided in Section 10-14-6 of this Title. (Ord. 282, 1992)
   B.   Decision Authority: After the public hearing, the Zoning Board of Appeals shall make a recommendation to the City Council to approve or deny the proposed special use permit. The City Council shall have the final authority to approve any special use permits, using the same standards in considering the application. All decisions of the City Council on special use permits are final and not subject to review in the courts of the State. (Ord. 282, 1992; amd. 2000 Code)

10-13-4: TEMPORARY ACCOMMODATION OF MOBILE UNITS/RVs STANDARDS AND SPECIFICATIONS:

In addition to the considerations set forth in the above section 10-13-2 the following requirements will apply to the Special Use Category of Temporary Accommodation of Mobile Units/RVs:
   A.   The special use will be limited in duration to two (2) years or less as decided by Council.
   B.   The area for each mobile unit or RV must be, at a minimum, twenty (20) feet by forty (40) feet.
   C.   Manufactured homes or any other permanent structures will be considered in violation of this special use.
   D.   A guideline of three (3) units or RVs per property will be enforced. It is the responsibility of the applicant to demonstrate whether the property in question can support more than three (3) units as to deviate from the guideline.
   E.   The zoning board will reserve the right to revoke the special use after a full hearing, in the even the landowner is found in violation of the above provisions.
   F.   No units or RVs older than twenty (20) years will be allowed.
   G.   No pop-up campers will be allowed.
   H.   Holders of this special use will consent to the following:
      1.   Periodic sewer and water will be subject to safety inspections.
      2.   Periodic general safety inspections for power cord.
      3.   By the holders of this special use.
   I.   There will be no parking of units and RVs in violation of lot boundaries and easements or right of ways.
   J.   In the event owners of RVs will also be parking automobiles on the property, it will be the responsibility of the applicant to demonstrate where the automobiles will be parked. Such parking spot shall be on an improved surface. (Ord. 767, 7-1-2019)