Emory City Zoning Code
§ 6
CONDITIONAL USES.
After public hearing and proper notice and after recommendation by the Planning and Zoning Commission, the City Council may authorize the issuance of conditional use permits when the council finds all of the following conditions present:
(1)
That the establishment, maintenance, or operation of the conditional use will not be materially detrimental to or endanger the public health, safety, morals, or general welfare.
(2)
That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance, or operation of the conditional use;
(3)
That the establishment of the conditional use will not significantly impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
(4)
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided;
(5)
That adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and
(6)
That the conditional use shall conform to all applicable yard area regulations of the district in which it is located.
Prior to the granting of any conditional use, the City Council may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary to protect the public health, safety and general welfare of the community and to secure compliance with the standards and requirements specified in subsections (1) through (6) of Section 6. In all cases in which conditional uses are granted, the council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. |
No application for a conditional use which has been denied wholly or in part by the City Council shall be resubmitted for a period of six (6) months from the date of said denial. |
(Ordinance 4B-2005 adopted 3/15/05)