Oak City City Zoning Code
CONDITIONAL USES
§ 155.235 PURPOSE.
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.
(Prior Code, § 10-17-1) (Ord. 2001-02, passed 10-3-2001)
§ 155.236 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 Planning Commission or the Town Council.
(Prior Code, § 10-17-2) (Ord. 2001-02, passed 10-3-2001)
§ 155.237 APPLICATION.
(A) A conditional use permit application shall be made to the Planning Commission as provided in this chapter.
(B) Applications for a conditional use permit shall be accompanied by maps, drawings, statements or other documents as required by the Planning Commission.
(Prior Code, § 10-17-3) (Ord. 2001-02, passed 10-3-2001)
§ 155.238 FEE.
The application for any conditional use permit shall be accompanied by the appropriate fee as determined by the Town Council.
(Prior Code, § 10-17-4) (Ord. 2001-02, passed 10-3-2001)
§ 155.239 DEVELOPMENT PLAN.
The applicant 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 Planning Commission may deem necessary.
(Prior Code, § 10-17-5) (Ord. 2001-02, passed 10-3-2001)
§ 155.240 PLANNING COMMISSION ACTION.
(A) The Planning Commission may recommend approval or denial of the conditional use permit. In recommending approval of any conditional use, the Planning Commission shall suggest regulations and conditions which are necessary to protect the public health, safety and welfare.
(B) In recommending approval of a conditional use permit, the Planning Commission shall find that:
(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 master plan, or that the plan shall have first been amended through public hearing.
(Prior Code, § 10-17-6) (Ord. 2001-02, passed 10-3-2001)
§ 155.241 APPEAL TO TOWN COUNCIL.
Upon denial of a conditional use permit by the 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 § 155.240 of this chapter.
(Prior Code, § 10-17-7) (Ord. 2001-02, passed 10-3-2001)
§ 155.242 EXPANSION OF CONDITIONAL USE.
No structure in which a conditional use is located may expand without the approval of the Planning Commission and the Town Council. Before expanding, the applicant shall present to the Planning Commission a development plan meeting the requirements of § 155.239 of this chapter. No public hearing need be held; however, the Planning Commission may deem a hearing necessary.
(Prior Code, § 10-17-8) (Ord. 2001-02, passed 10-3-2001) Penalty, see § 155.999
§ 155.243 INSPECTION.
Following the issuance of a conditional use permit for a use which requires a building permit, the assigned Building Inspector shall approve an application for a building permit, and shall ensure that development is undertaken and completed in compliance with said conditional use and all other applicable codes and ordinances.
(Prior Code, § 10-17-9) (Ord. 2001-02, passed 10-3-2001)
§ 155.244 TIME LIMITATION.
(A) 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. Hardship cases may be evaluated on a case-by-case basis. 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.
(B) A conditional use permit shall be non-transferable.
(Prior Code, § 10-17-10) (Ord. 2001-02, passed 10-3-2001)
§ 155.245 SIGNATURE OF AWARENESS FROM NEIGHBORS.
All applications for a conditional use permit must have signatures of neighbors within 300 feet from the exterior boundaries of the property involved. Signatures must indicate that neighbors are aware of the proposed conditional use.
(Prior Code, § 10-17-11) (Ord. 2001-02, passed 10-3-2001)
§ 155.246 REVOCATION AND/OR REINSTATEMENT.
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 Planning Commission at the time the permit was originally issued, or as they might have been properly amended by the 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 Planning Commission.
(Prior Code, § 10-17-12) (Ord. 2001-02, passed 10-3-2001)
§ 155.999 PENALTY.
(A) Classification of violation. Violations of this chapter shall be classified as a Class C misdemeanor, subject to penalty as provided in § 10.99 of this code of ordinances. Each day of knowing, continued violation shall constitute a separate offense, punishable separately.
(B) Enforcement of title. This chapter shall be enforceable, in addition to the other remedies provided by law, by injunction, mandamus or proceedings in abatement. Appeals from judgments rendered in any action instituted to enforce this chapter shall be permitted and shall be in accordance with the general appeal provisions of the state’s Rules of Civil Procedure.
(Prior Code, § 10-2-4) (Ord. 2001-02, passed 10-3-2001)