Zoneomics Logo
search icon

Clarkston City Zoning Code

CHAPTER 11

CONDITIONAL USES

10-11-1: PURPOSE:

The purpose of this chapter is to provide for the regulation of uses to ensure their compatible integration in the land use pattern of the town. (Ord. 01-04, 1-7-2002)

10-11-2: CONDITIONAL USE PERMIT:

   A.   Required: An approved conditional use permit shall be required for each conditional use listed in this title. No officer nor employee of the town shall issue a building permit or other permit or license for a conditional use unless a conditional use permit shall have been approved.
   B.   Application For Permit: Application for a conditional use permit shall be made at the office of the town clerk on forms provided for that purpose.
   C.   Development Plan: The applicant for a conditional use permit shall prepare a site plan of the proposed conditional use, drawn to scale, and showing all existing and proposed buildings, fences, landscaping, automobile parking and loading areas, and any other information the planning commission may deem necessary.
   D.   Fee For Permit And Costs: The initial and renewal conditional use permit fee and other costs shall be as set by resolution by the town council.
   E.   Hearing: A hearing need not be held, however, a hearing may be held when the planning commission shall deem a hearing to be necessary to serve the public interest.
   F.   Planning Commission Action: The planning commission may approve, modify and approve, or deny the conditional use application. In approving any conditional use, the planning commission shall impose regulations and conditions as necessary to protect the public welfare within the bounds of this title. In approving a conditional use, the planning commission shall find that:
      1.   The proposed use is necessary or desirable and will contribute to the general well-being of the community.
      2.   The use will not 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.
      3.   The proposed use will comply with the regulations of this title.
      4.   The proposed use is in harmony with the intent of the master plan.
   G.   Appeals: Appeals of any decision of the planning commission shall be to the town council 1
. Appeals shall be in writing and shall be filed at the office of the town clerk not more than ten (10) working days after the decision by the planning commission. The town council may affirm, modify or reverse the decision of the planning commission; however, the town council shall present, in writing, the reasons for its action.
   H.   Inspection: The building inspector shall inspect the conditional use during the course of construction to ensure that it complies with the conditions of the use permit.
   I.   Time Limit: A conditional use permit shall be null and void one year after approval unless substantial work shall have been accomplished toward its completion.
   J.   Revocation: A conditional use permit may be revoked upon failure to comply with the conditions imposed with the original approval of the permit.
   K.   Permit Review: Conditional use permits may be reviewed annually or at other intervals as stipulated by the planning commission. (Ord. 01-04, 1-7-2002)