Hallsville Conditional Use Permits ordinance (§ 400.650)

A. Purpose. It is the purpose of this Section to provide for conditional use permits which may be granted only for uses expressly listed in the conditional use subsections of the zoning districts established in this Article.

B. Application. Application for a conditional use permit shall be made to the Planning and Zoning Commission and shall be accompanied by the following:

1. A completed application form.

2. A one hundred dollar ($100.00) deposit to cover legal advertising costs.

3. An accurate legal description of the subject property.

4. Plans or other evidence, as appropriate, that supports the conclusions set forth in Subsection (C).

C. Procedure.

1. The applicant shall submit all necessary information and materials to the City Clerk. The City Clerk shall then refer the application to the City Administrator, who shall review the request to determine its compliance with the provisions of this Article. A report on the proposal shall be made to the P & Z Commission at the time the application is to be considered. The City Clerk shall handle all notification procedures.

2. The P & Z Commission shall hold a public hearing on the application.

3. Notice of the time and place of such hearing shall be published at least once in a newspaper of local distribution not less than fifteen (15) days before such hearing. Supplemental or additional notices may be published or distributed as the Commission may, by rule, prescribe from time to time.

4. The Planning Commission shall make written findings of fact and shall submit same together with its recommendation to the Board of Aldermen, stipulating any conditions deemed necessary to carry out the provisions and intent of this Article:

a. The proposed conditional use is in compliance with all regulations of the applicable zoning district.

b. The proposed conditional use will be in conformance with the character of the adjacent area, within the same zoning district, in which it is located. In making such a determination, consideration may be given to the location, type and height of buildings or structures and the type and extent of landscaping and screening on the site.

c. Off-street parking and loading areas are provided in accordance with the standards set forth in Section 400.580.

d. Adequate utilities, drainage and other such facilities are provided.

e. Adequate access is provided and is designed to prevent traffic hazards and minimize traffic congestion.

5. The Board of Aldermen shall approve or deny the proposed permit. If the Board of Aldermen does not act upon an application for such a permit within a ninety-day period following its initial submission, it shall be deemed to have been approved.

D. 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.

E. Violation. The violation of any condition imposed by the conditional use permit shall constitute a violation of this Article.

F. Tenure Of Permit. The granting of a conditional use permit is to allow that use on the specific site. If the use is not substantially altered, it shall be allowed on the site regardless of ownership. A conditional use permit may not be transferred to any other site.

G. Amendment. Amendment or addition to any conditional use permit is subject to the same procedures as those, which apply to a new application. The City Administrator at his/her discretion may authorize minor adjustments to an approved conditional use permit.