Hapeville City Zoning Code

(a)

In deciding upon any application for zoning map amendment, the mayor and council may, on their own motion or upon the suggestion of the applicant, grant the application subject to certain conditions necessary to promote and protect the health, safety, morals and general welfare of the city. Such conditions shall be imposed for the benefit of the community to lessen any negative effects that the zoning map amendment may cause.

(b)

The mayor and council may grant any zoning map amendment and include condition as follows:

(1)

Such conditions as are deemed necessary to protect neighbors and to lessen any negative effects of the zoning change;

(2)

That the rezoning is conditional and that the applicant or any successor in title may construct only those uses and only in such a manner as is depicted upon any site plan submitted and approved with the application.

(c)

Prior to a final vote being taken upon any application for zoning map amendment in which conditions shall be imposed, such conditions will be announced at the hearing and the applicant shall be afforded an opportunity to present its position on such conditional requirements. If the applicant finds such proposed conditional requirements to be unacceptable, it may, at that time, withdraw its application for zoning map amendment; or seek a vote on the applicant.

(d)

If the mayor and council adopt a zoning map amendment which contains conditional requirements, such requirements shall become a part of the zoning ordinance and the official zoning map. Such property shall thereafter carry the suffix "-C" to indicate that such property has been conditionally zoned (e.g., R-1-C, I-1-C etc.). Such conditions shall be binding upon all owners of the property until removed or modified by the mayor and council. The building official shall so indicate in the records of the zoning actions the existence of the conditional requirements. The suffix "-C" shall be affixed to the zoning map for the appropriate property.

(e)

A conditional requirement may be imposed upon either permitted and/or conditional uses in any zoning district. In ruling on such conditional requirements, the mayor and council shall utilize the applicable standards of review contained in section 93-25-6.

(f)

In those instances where a rezoning is granted which is conditional upon the submitted site plan, such property shall revert to its former zoning classification by operation of law if a building permit for such development has not been applied for within one year, provided that the mayor and council, at a zoning hearing, may extend this period for good cause shown by the property owner. The building official may grant "minor" changes to such site plans if the following conditions are met:

(1)

The developer can show a hardship requiring such modifications; and

(2)

The building official determines that the changes so requested do not materially affect the basis design nor negate any special features which were an integral component of the plan.

(g)

It shall be the duty of the building official to review on a quarterly basis such conditional rezoning and to report to the mayor and council those rezoning actions which have reverted by operation of law.

(Code 1981, § 8-5-267; Ord. No. 97-05, § 1, 7-8-1997; Ord. No. 2005-04, § 1(8-5-267), 4-5-2005)