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Laketown City Zoning Code

10.9 Conditional

Uses

10.9.1 Purpose

The purpose of this chapter is to provide for the regulation of uses to ensure their compatible integration in the land use pattern of the town.

HISTORY:

Ord. A-1, 5-21-1981; amd. 2001 Code

10.9.2 Conditional Use Permit Required

An approved conditional use permit shall be required for each conditional use listed in this title. No building permit or other permit or license shall be issued for a conditional use by any officer or employee of the Town unless a conditional use permit has been approved. 

  1. Application: Application for a conditional use permit shall be made to the Planning and Zoning Commission on forms provided for that purpose.  
  2. Development Plan: The applicant for a conditional use permit shall prepare a site plan of the proposed conditional use, drawn to scale and showing all existing and proposed buildings, fences, landscaping, automobile parking and loading areas, and any other information the Planning and Zoning Commission may deem necessary. 
  3. Fee: As per the Laketown Consolidated Fee Schedule. 
  4. Hearing: A hearing need not be held; however, a hearing may be held when the Planning and Zoning Commission shall deem a hearing to be necessary to serve the public interest.  
  5. Planning And Zoning Commission Action: 
  6. The Planning and Zoning Commission may approve, modify and approve, or deny the conditional use application. In approving any conditional use, the Planning and Zoning Commission shall impose regulations and conditions as are necessary to protect the public welfare. 
  7. In approving a conditional use, the Planning and Zoning Commission shall find that: 
  8. The proposed use is necessary or desirable and will contribute to the general well-being of the community.
  9. The use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. 
  10. The proposed use will comply with the regulations of this title.
  11. The proposed use is in harmony with the intent of the master plan.
  12. Appeals: Appeal of any decision of the Planning and Zoning Commission shall be to the Board of Adjustment. Appeals shall be in writing and shall be filed at the office of the Town Clerk not more than ten (10) working days after the decision by the Planning and Zoning Commission. The Board of Adjustment may affirm, modify or reverse the decision of the Planning and Zoning Commission. However, the Board of Adjustment shall present, in writing, the reasons for its action.
  13. Inspection: The Building Inspector shall inspect the conditional use during the course of construction to ensure that it complies with the conditions of the use permit. 
  14. Time Limit: A conditional use permit shall be null and void one year after approval of construction to ensure that it complies with the conditions of the use permit.  
  15. Revocation: A conditional use permit may be revoked upon failure to comply with the conditions imposed with the original approval of the permit. 

HISTORY:

Ord. A-1, 5-21-1981; amd. 2001 Code