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Rocky Ridge City Zoning Code

15.10 Conditional

Uses

15.10.01 Purpose And Intent

The purpose of conditional uses is to allow the integration of uses which are related to the uses by right of a particular zone, but which may be suitable and desirable only in certain locations in that zone, or only if such uses are designed, laid out and constructed on the proposed site in a particular manner.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

15.10.02 Conditional Use Permit

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 Town Council upon a finding of failure to comply with the conditions imposed with the original approval of the permit.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

15.10.03 Application

All applications for conditional use permits except Home Occupation and Limited Home Occupation shall be made to the Planning Commission at least 10 working days prior to the date of the Planning Commission meeting. The application shall be accompanied by at least three (3) copies of the site plan maps, drawings or other pertinent documentation sufficient for the Planning Commission to determine that the requirements of Section 15.10.080 have been met. Applications for Home Occupation and Limited Home Occupation shall be submitted to the Planning and Zoning Commission, who shall determine compliance with Section 15.10.090 and approve the application; or, if the nature of the business would require special conditions for approval, refer it to the Planning Commission for consideration.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

15.10.04 Fee

The application for a Conditional Use Permit shall be accompanied by the appropriate processing fee, as specified from time to time by resolution of the Town Council. The applicant shall be placed on the Planning Commission agenda following receipt of the fee.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

15.10.05 Notification To Adjoining Property Owners

Upon receipt of the application for Conditional Use Permit, the Town shall send written notice to each property owner adjacent to the property on which the conditional use has been requested. The notice shall contain the general description of the proposed use as it appears on the application, together with the dates, times, and places where the application will be considered by the Planning Commission and the Town Council.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

15.10.06 Recommendation Of The Planning Commission

Upon receipt of the application for conditional use permit the Planning Commission shall review all relevant information submitted to verify conformity with established Town ordinances governing such use. The Planning Commission shall then recommend approval, denial, or approval, subject to such requirements and conditions to protect adjacent properties and preserve the integrity of the zone where the conditional use is, to be located. The Planning Commission shall not recommend a conditional use permit unless the evidence is such to establish:

  1. That the proposed use of the particular location is necessary or desirable to provide a service or facility that will contribute to the general well being of the community; and
  2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or adversely impact property or improvements in the vicinity. In the specific case of a conditional use in a residential zone, the following shall be among those concerns considered by the Planning Commission:
    1. Will the proposed use generate traffic that will be detrimental to the immediate neighborhood?
    2. Will the proposed use overload the carrying capacity for which local streets were designed?
    3. Will internal traffic circulation or parking facilities adversely affect adjacent residential property?
    4. Will the proposed sign(s) adversely affect the use itself or the overall aesthetics of the immediate area?
    5. Will the proposed landscaping be sufficient to enhance the aesthetic acceptability of the use?
  3. That the proposed use will comply with the regulations and conditions in this ordinance for such use; and
  4. That the proposed use conforms to the goals, policies, and governing principles of the master plan for Rocky Ridge Town.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

15.10.07 Approval Of The Town Council

Upon recommendation of the Planning Commission, the Town Council shall consider the application for conditional use permit. Based on the nature of the request, the Town Council may require a public hearing to be held prior to action upon the request. Following a public hearing (if necessary) the Town Council shall approve, deny, or approve the conditional use permit with such conditions as deemed appropriate to protect and preserve the health, safety, and welfare of the community.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

15.10.08 Conditions

Applications for a conditional use permit shall meet all requirements of this ordinance. In addition, the Planning Commission and/or the Town Council may impose conditions that it determines protect the health, safety, and welfare of the adjacent neighborhood and the community in general. Specifically, they may require:

  1. Landscaping to insure compatibility with the intended characteristics of the zone.
  2. Increased setback and side yard distances from lot lines to insure the public safety and to insure compatibility with the intended characteristics of the zone.
  3. The screening of yards or other areas as protection from obnoxious land uses and activities.
  4. The removal of structures, debris, or plant life incompatible with the intended characteristics of the zone.
  5. The relocation, covering, or fencing of irrigation ditches, drainage channels, and similar potential attractive nuisances as determined by tbe Planning Commission or Town Council.
  6. Construction of water mains, sewer mains, and drainage facilities serving the proposed use, in sizes necessary to protect existing utility uses in the zone and to provide for an orderly development of land.
  7. The location, height, and materials of walls, fences, hedges, and screen plantings to insure harmony with adjacent development, or to conceal storage areas, utility installations, or other unsightly development.
  8. The planting of ground cover or other surfacing to prevent dust and erosion.
  9. The retention of existing healthy trees and vegetation.
  10. The construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants, and street lighting to serve the property in question and which may compensate in part or in whole for possible adverse impacts to the zone from the proposed conditional use.
  11. The restructuring of the land and planting of the same as directed by the Planning Commission or Town Council when the conditional use involves cutting and/or filling the land and where such land would be adversely affected if not restructured.
  12. Limitations and restrictions on the use and/or location of uses due to special site conditions, including but not limited to, geologically hazardous areas, sensitive areas due to soil capabilities, and flood plains.
  13. Population density and intensity of land uses may be limited where land capacity and/or vicinity relationships make it appropriate to do so to protect health, safety, and welfare.
  14. Any other reasonable conditions that will serve to maintain the intended characteristics of a zone and to compensate for possible adverse impacts to the zone from the proposed conditional use.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

15.10.09 Special Conditions Relating To Specific Uses

  1. Major Home Occupations. Home Occupations that do not meet the standards of Section 15.08.060(B) shall be considered Major Home Occupations and shall be considered conditional uses subject to the requirements of this chapter. Major Home Occupations may be allowed in following increases in intensity of the home occupations:
    1. The number of customers or patrons coming to the home pet hour may be increases, provided sufficient off-street parking is provided and the use does not adversely affect the neighborhood.
    2. Up to three commercial vehicles or trailers may be used, provided they are parked on private property and adequately screened. One larger vehicle than one-ton may be considered with adequate screened private parking.
    3. A larger percentage of the home or an accessory building may be used for the home occupation under conditions recommended by the Planning Commission and approved by the Town Council.
    4. Day care home occupations shall be limited to eight (8) children unless a second adult will be working in the home occupation, in which case day care home occupation shall be limited to sixteen (16) children.
    5. Day care and preschool home occupations must have a play area fenced from the street and a fire inspection performed to insure safety of the children.
    6. Up to eight employees may be employed on the premise, provided that adequate parking is provided on private property and screened from all abutting residential dwellings. Residential lot must be large enough to accommodate one parking space for each employee, and parking area must not change the appearance of the dwelling or the neighborhood.
  2. Intermittent Commercial Uses. The occasional use of community buildings, private clubs, lodges, social or recreational establishments and/or their accessory buildings for commercial purposes may be allowed upon receiving a conditional use permit and provided the provisions of this section ate complied with. The following standards shall apply to all intermittent commercial uses in addition to any conditions the Planning Commission or Town Council deems necessary and desirable to protect the public health, safety and general welfare and in accordance with this chapter:
    1. The display and sales of merchandise must be entirely contained within a building.
    2. The building proposed for the intermittent commercial use must comply with setback and visibility at intersection requirements of this ordinance and with applicable building and fire codes.
    3. The use shall be limited to the times permitted in the conditional use permit
    4. A business license from Rocky Ridge Town is required to conduct an intermittent commercial use.
    5. Adequate off-street parking is provided to serve the commercial use, which does not create a parking shortage for other existing uses on the site.
    6. The use does not cause noise, light, or glare that adversely impacts surrounding uses.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

15.10.10 Amendments To Permit

Modifications to an approved conditional use permit may be granted when it can be determined that such changes or modifications are necessary to accommodate special circumstances related to the location, sitting. or implementations of the approved use and where such modifications are found to be so insignificant and minor so as not to measurably change the approved conditional use permit or the intent of conditions that may have been imposed. The request for amendment shall be made in writing and documented on the site plan for the use.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

15.10.11 Building Permit

A building permit shall not be issued for any building or structure requiring a conditional use permit until the permit is approved. The Planning and Zoning Commission or their designees shall review and approve the building permit.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

15.10.12 Expiration Of Permit

Unless there is substantial action under a conditional use permit within a period of six months of issuance, the permit shall expire. The Town Council may grant an extension under exceptional circumstances as deemed necessary.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

15.10.13 Revocations

A conditional use permit or any conditions thereof shall be subject to review and possible revocation by the Town Council.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

2018-01