Gallatin City Zoning Code
ARTICLE V
Conditional Use Permits
Section 405.320 Procedure.
[R.O. 2003 § 405.320; CC 1997 § 18-101; Ord. No. 829-95 § 18-101, 3-27-1995]
A.
Application for a conditional use permit shall be made to the Zoning Administrator who shall promptly refer it to the Planning and Zoning Commission. The application, request for conditional use permit, shall be provided by the City Clerk or Zoning Administrator.
B.
The Planning and Zoning Commission shall hold a public hearing on the application within thirty (30) days after it is filed.
C.
The Planning and Zoning Commission shall report its actions to the Board of Aldermen within ninety (90) days after the filing of the application. Such actions shall include an accurate description of the proposed special use, a description of the property upon which special use is sought to be located, along with any other recommendations or proposed conditions of the Planning and Zoning Commission.
D.
A conditional use permit shall be granted by a majority vote of the Planning and Zoning Commission upon written findings of fact that the following conditions have been complied with. Approval may be subject to such further conditions as the Planning and Zoning Commission may deem necessary. All conditional use permit applications are subject to appeal to the Board of Aldermen.
1.
The proposed development is likely to be compatible with development permitted under the general provisions of this Chapter and substantially all land in the vicinity of the proposed development.
2.
The conditional use will not be injurious to the use and enjoyment of the environment or detrimental to the rightful use and enjoyment of other property in the immediate vicinity.
3.
The proposed use is consistent with the overall comprehensive municipal plan and with the spirit and intent of the provisions of this Chapter.
Section 405.330 Denial.
[R.O. 2003 § 405.330; CC 1997 § 18-102; Ord. No. 829-95 § 18-102, 3-27-1995]
In the event that the Planning and Zoning Commission, and upon appeal, the Board of Aldermen denies an application for a conditional use permit, the factual basis and reasons for denial shall be set forth in written findings of fact. Such findings shall be adopted contemporaneously with the action of denial.
Section 405.340 Termination.
[R.O. 2003 § 405.340; CC 1997 § 18-103; Ord. No. 829-95 § 18-103, 3-27-1995]
Where a conditional use does not continue in conformity with the conditions of the original approval, the conditional use permit shall be terminated by the Board of Aldermen, provided that the permit shall not be revoked unless the permittee has first been granted a public hearing.