Mount Pleasant City Zoning Code
10.30 Conditional
Use Permits
10.30.010 PURPOSE.
The purpose and intent of conditional uses is to allow in certain areas compatible integration of uses which are related to the permitted uses of the zone, but which may be suitable and desirable only in certain locations in that zone due to conditions and circumstances peculiar to that location and/or upon certain conditions which make the uses suitable and/or only if such uses are designed, laid out and constructed on the proposed site in a particular manner.
10.30.020 PROTECTION OF ADJACENT PROPERTIES.
In authorizing any conditional use, the planning commission shall make requirements and conditions as necessary for the protection of adjacent properties and the public welfare.
10.30.030 PERMIT REQUIRED; REVOCATION.
A conditional use permit shall be required for all uses listed as conditional uses in the zone regulations. A conditional use permit may be revoked by the city council after review and recommendation by the planning commission, upon failure to comply with the conditions imposed with the original approval of the permit.
10.30.040 APPLICATION FOR PERMIT.
Application made to the planning commission for conditional use permits shall contain the following:
A. A detailed location, site and building plan showing how the conditional use will occupy a site and buildings;
B. The reason and justification for such conditional use and how adjacent properties will be affected by the conditional use;
C. A list of and proof of notification of all property owners within a radius of three hundred feet (300') of the boundaries of the property under consideration for a conditional use permit, as taken from the latest assessment rolls prepared by the county assessor; and
D. A nonrefundable filing fee of such amount as the city council may from time to time establish by resolution.
10.30.050 REVIEW PROCEDURE.
A. Submission: The applicant shall submit the application for a conditional use permit to the planning commission secretary.
B. Consideration By Planning Commission: The application, together with all pertinent information, shall be considered by the planning commission at its next regularly scheduled meeting.
C. Public Hearing May Be Held: The planning commission may call a specific public hearing on any application after adequate notice, if it is deemed in the public interest.
D. Time Limit For Action Of Planning Commission: The planning commission shall take action on the application by the second meeting of the planning commission after the filing date.
E. Decision: The planning commission shall approve, modify or deny of the conditional use request.
10.30.060 APPROVAL CONDITIONS.
The planning commission shall not recommend approval of a conditional use permit unless evidence is presented to establish that:
A. The proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the community;
B. Such use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons, nor injurious to property or improvements in the community, but will be compatible with and complementary to the existing surrounding uses, buildings and structures when considering traffic generation, parking, building design and location, landscaping and signs;
C. The proposed use will comply with the regulations and conditions specified in this title for such use;
D. The proposed use conforms to the goals, policies and governing principles and land use of the general plan for the city; and
E. The proposed use will not lead to the deterioration of the environment, or ecology of the general area, nor will produce conditions or emit pollutants of such a type or such a quantity so as to detrimentally affect, to any appreciable degree, public or private property, including the operation of existing uses thereon, in the immediate vicinity or the community or area as a whole.
10.30.070 MODIFICATION OR REVOCATION CONDITIONS.
A. Authority: The planning commission, on its own motion, or upon direction of the city council, shall after adequate notice hold a public hearing upon the question of modification or revocation of a conditional use permit granted under or pursuant to the provisions of this section.
B. Conditions: A conditional use permit may be modified or revoked if the following is found:
1. The conditional use is detrimental to the public, health, safety or welfare, or is a nuisance;
2. The conditional use permit was obtained by fraud;
3. The conditional use for which the permit was granted is not being exercised.
10.30.080 BUILDING PERMIT; ISSUANCE CONDITIONS.
Upon receipt of a conditional use permit, the developer shall take such permit to the zoning administrator, who will review the permit and conditions attached. Based on this review and compliance with any other items that might develop in the pursuance of his duties, the zoning administrator may approve an application for a building permit. The building inspector may then issue the building permit and shall ensure that development is undertaken and completed in compliance with the permit and conditions pertaining thereto.
10.30.090 APPEAL OF PLANNING COMMISSION DECISIONS.
The decision of the planning commission may be appealed to the hearing examiner by filing such appeal within fifteen (15) days after the date of the notice of decision sent the applicant. The hearing examiner may uphold or reverse the decision of the planning commission and impose any additional conditions that it may deem necessary in granting an appeal. The decision of the hearing examiner shall be final.
10.30.100 EXPIRATION; EXTENSIONS.
Unless there is substantial action under a conditional use permit within a period of one year of its issuance, as determined by the planning commission, the conditional use permit shall expire. The planning commission may grant a maximum extension of six (6) months under exceptional circumstances.