Kanarraville City Zoning Code
CONDITIONAL USES
§ 152.165 PURPOSE OF CONDITIONAL USE PROVISIONS.
Certain uses which may be harmonious under special conditions and in specific locations within a district, but be improper under general conditions and in other locations, are classed as conditional uses within the various districts and require conditional use permits for approval.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.166 PERMIT REQUIRED.
A conditional use permit shall be required for all uses listed as conditional uses in the district regulations or elsewhere in this chapter. A conditional use permit may be revoked upon failure to comply with conditions precedent to the original approval of the certificate. No building permit or other permit or license shall be issued for a use requiring conditional use without first being reviewed and/or approved by the Town Planning Commission or the Town Council.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.167 APPLICATION.
A conditional use permit application shall be made to the town’s Planning Commission as provided in this chapter. Applications for a conditional use permit shall be accompanied by maps, drawings, statements or other documents as required by the town’s Planning Commission.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.168 FEE.
A $150 fees is required to process any conditional use application in the town.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.169 DEVELOPMENT PLAN.
The application for a conditional use permit shall prepare a site plan with evaluations (as may be necessary) for the site being proposed for development. The plan shall be drawn to scale and show all existing and proposed buildings, roads, parking and other information that the town’s Planning Commission may deem necessary.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.170 PLANNING COMMISSION ACTION.
(A) The town’s Planning Commission may recommend approval or denial of the conditional use permit.
(B) In recommending approval of any conditional use, the town’s Planning Commission shall suggest regulations and conditions which are necessary to protect the public health, safety and welfare. In recommending approval of a conditional use permit, the town’s Planning Commission shall find:
(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 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 chapter; and
(4) The proposed use is in harmony with the intent and purpose of the town’s Master Plan or that the plan shall have first been amended through public hearing.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.171 TOWN COUNCIL ACTION.
Upon denial of a conditional use permit by the town’s Planning Commission, the applicant may appeal in writing within 30 days to the Town Council. The Town Council may approve, modify and approve or deny the conditional use application in a public meeting. In approving any conditional use, the Town Council shall impose regulations and conditions as are necessary to protect the public health, safety and welfare. The Town Council shall follow the same conditions as stated in § 152.170.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.172 EXPANSION OF A CONDITIONAL USE.
No structure in which a conditional use is located may expand without the approval of the town’s Planning Commission and the Town Council. Before expanding, the applicant shall present to the town’s Planning Commission a development plan meeting the requirements of § 152.169. No public hearing need be held. However, the town’s Planning Commission may deem a hearing necessary.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.173 INSPECTION.
Following the issuance of a conditional use permit for a use which requires a building permit, the town’s Building Inspector shall approve an application for a building permit, and shall insure that development is undertaken and completed in compliance with said conditional use and all other applicable codes and ordinances.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.174 TIME LIMITATION.
All conditional use permits shall expire within a maximum period of one year of issuance, unless there shall have been substantial performance toward the completion of the conditions set forth in the permit. The Planning Commission may recommend and the Town Council may grant a maximum extension of six months under exceptional circumstances. In the event that a conditional use permit is granted on a temporary basis, the Planning Commission may recommend and the Town Council may issue a permit for six months, with one maximum extension of six months. A conditional use permit shall be non-transferrable.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.175 REVOCATION.
A conditional use permit may be revoked upon failure to comply with the conditions imposed with the original approval of the permit and the applicant shall be so notified of revocation by the town. The permit may be reinstated upon determination by the Town Council that the cause for revocation has been corrected and that the applicant intends to proceed according to the plans approved by the town’s Planning Commission at the time the permit was originally issued, or as they might have been properly amended by the town’s Planning Commission from time to time during the period of the conditional use. Revocation or reinstatement of a conditional use permit is the responsibility of the Town Council, upon recommendation by the town’s Planning Commission.
(Ord. 03-09-2000, passed 3-3-2000)