Henrieville City Zoning Code
CONDITIONAL USES
§ 155.130 GENERAL.
(A) A conditional use permit shall be obtained for certain uses, which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions and located in specific locations within a zone, but shall not be allowed under the general conditions of the zone as stated in this chapter.
(B) An approved conditional use permit shall be required for each conditional use listed in this chapter. No building permit, other permit or license shall be issued for a conditional use by any officer or employee unless a conditional use permit has been approved by the Planning Commission.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.131 APPLICATION.
Application for a conditional use permit shall be available at the Planning Department or on the county’s website. Conditional Use Permit applications shall be submitted to the County as provided in this Ordinance. Applications shall be accompanied by maps, drawings, statements or other documents in accordance with the provisions of this chapter. An appropriate fee outlined in the Garfield County Fee Resolution shall be collected at the time of submittal.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.132 DETERMINATION.
The Planning Commission shall approve, approve with modifications or deny conditional use applications. In approving a conditional use permit, the Planning Commission shall determine if the proposed use:
(A) Has reasonable conditions proposed, or imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with the applicable standards listed in § 155.136 of this subchapter;
(B) Will not be detrimental to the health, safety or general welfare of persons residing or working in the area, or injurious to the property or improvements in the area; and
(C) Is in harmony with the intent of the County’s General Plan, Zoning Ordinance and the Zoning District in which it is located.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.133 EXPIRATION AND REVOCATION.
(A) Expiration. A conditional use permit shall be considered to be exercised when the application has been approved by the Planning Commission. When such permit is abandoned or discontinued for a period of one year, it shall not be reestablished, unless authorized by the Planning Commission or Appeal Authority on appeal.
(B) Revocation. A conditional use permit shall be revoked where the applicant fails to comply with conditions imposed by the county. Conditional use permits shall be suspended upon failure to renew any associated business licenses. Upon suspension, the Planning Commission shall determine if the conditional use permit is to be reissued or revoked.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.134 AMENDMENTS.
An amendment to an approved conditional use permit shall be submitted to the Planning Commission accompanied by supporting information. The Planning Commission shall review the amendment and shall be authorized to approve, approve with modifications or deny any such amendment and impose applicable conditions as deemed necessary.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.135 CONDITIONAL USE REVIEW CRITERIA.
(A) A request for a conditional use shall be approved, approved with modifications or denied.
(B) Each request for a conditional use approval shall be consistent with the criteria listed as follows.
The request:
(1) Is consistent with all applicable provisions of the General Plan;
(2) Shall not adversely affect adjacent properties;
(3) Is compatible with the existing or allowable uses of adjacent properties;
(4) Can demonstrate that adequate public facilities, including roads, drainage, potable water, sanitary sewer and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed;
(5) Can demonstrate adequate provision for maintenance of the use and associated structures;
(6) Has minimized, to the degree possible, adverse effects on the natural environment;
(7) Will not create undue traffic congestion;
(8) Will not adversely affect the public health, safety or welfare; and
(9) Conforms to all provisions of this chapter and other applicable county ordinances.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.136 CONDITIONAL USE STANDARDS.
(A) This section includes provisions for conditional uses that require compliance with objective standards set forth herein.
(B) Each request for a conditional use approval shall be consistent with the following standards:
(1) The safety of people and/or property;
(2) Health and sanitation;
(3) Infrastructure;
(4) Lighting;
(5) Environmental concerns;
(6) Hours of operation;
(7) Consistency with the General Plan; and
(8) Compliance with the Zoning Ordinance and other applicable county ordinances.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)