Perryville City Zoning Code

A.

Purpose. As provided for in Chapter 17.34 Land Use Regulations, certain uses are permitted by right in each district and other uses are permitted but subject to the issuance of a conditional use permit (CUP) as provided for in the regulations and procedures set forth as follows in this chapter.

B.

Process. No conditional use as specified in Chapter 17.34 Land Use Regulations may commence or be continued unless there is a valid permit for such use. No construction or other permit applicable to a proposed conditional use or any part of it shall be issued or considered valid unless a conditional use permit has been issued under the provisions of this chapter. Applications for conditional use permits shall be made and processed in the same manner as provided for zoning amendments in Section 17.48.050 Amendments. The application fee for conditional use permits shall be one hundred dollars ($100.00).

C.

Criteria for Considering Conditional Use Permits. Subject to the provisions of this section, the board of aldermen of the city may, after a public hearing is held before the board of aldermen, and after study and report by the city planning and zoning commission, authorize a conditional use permit based on whether the proposed conditional use will:

1.

Substantially increase traffic hazards or congestion.

2.

Adversely affect the visual coherence, predominant usage, or development character of surrounding or adjacent neighborhoods.

3.

Substantially increase fire, health, or any other public safety hazards, or make difficult access by fire and emergency vehicles.

4.

Adversely affect the general welfare of the community.

5.

Overtax public utilities, services, or other municipal facilities.

6.

Be developed and operated in a manner that is physically and/or visually incompatible with the permitted uses in the surrounding areas.

7.

Substantially increase stormwater drainage onto other lots.

8.

Create a nuisance.

9.

Be in conflict with the city's comprehensive plan.

D.

Determination. If the board of aldermen determines that the public health, welfare, and safety are adequately served and protected in view of the foregoing criteria then the board may, in its discretion, grant the application and the conditional use permit shall be issued forthwith; but if the board finds in the negative as to any of the stated criteria, the conditional use permit shall be denied. In the granting of a conditional use permit, the board of aldermen may impose, and the planning and zoning commission may recommend, appropriate conditions and safeguards as may be deemed necessary to ensure compliance with the requirements of this zoning ordinance and to protect adjacent property and conserve values.

E.

Conditional Uses by District. For a general listing of conditional uses, see land use table in Chapter 17.34 Use Regulations.

F.

Duty To Comply with Other Laws. Approval and issuance of such permit shall not be deemed to relieve the permittee of the duty to comply with the provisions of other laws and ordinances.

G.

Violation. The violation of any condition imposed by the conditional use permit shall constitute a violation of this title, and the conditional use permit may be revoked by the city.

H.

Tenure of Permit. The granting of a conditional use permit is to allow that use on the specific site. A conditional use permit may not be transferred to any other site.

I.

Amendment. Amendment or addition to any conditional use permit is subject to the same procedures as those which apply to a new application. Minor adjustments to an approved conditional use permit may be authorized by the zoning administrator at his/her discretion.

J.

Rights Reserved. The city of Perryville reserves full authority to deny any request for a conditional use permit.

(Ord. No. 6822, § 1 (Exh. 1), 12-2-25)

A conditional use permit issued to an applicant under Section 17.46.010 for a specific location may be transferred. If the holder of a conditional use permit transfers the real estate, the conditional use permit shall remain with the real estate. However, if the conditional use is discontinued for more than sixty (60) days or the new owner of the real estate uses the real estate for an activity not authorized by the conditional use permit, then the conditional use permit shall be void, and the owner of the real estate must apply for a new conditional use permit if they want to reinitiate the use.

(Ord. No. 6822, § 1 (Exh. 1), 12-2-25)