2009-08-02 - Laserfiche WebLink

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b. Section XIII., Subsection I. is amended by deleting paragraph E. in its entirety and changing Paragraph"F."to"E." c. Insert a new subsection IV.to Section XIII as follows: IV. Conditional Uses 1. The Planning Commission shall hear and decide only such conditional uses as it is specifically authorized to pass on by the terms of these regulations and to decide such questions as are involved in determining whether a conditional use should be granted,and to grant a conditional use with such conditions and safeguards as are appropriate under these regulations,or to deny a conditional use when not in harmony with the purpose and intent of these regulations. A conditional use shall not be granted by the Planning Commission unless and until: a. A written application is submitted to the Enforcement Officer,on such form or forms and containing such information as the Planning Commission deems necessary to properly consider the request. At a minimum, such application shall include a statement indicating the section of these regulations under which the conditional use is sought and stating the grounds on which it is requested. b. The Enforcement Officer shall schedule a public hearing on said application and cause notice of the hearing to be given in a paper of general circulation in Batesville at least fifteen(15)days in advance of said hearing. The expense of such publication shall be borne by the applicant. Notice of such hearings shall be posted on the property for which conditional use is sought, at least fifteen(15)days prior to the public hearing; • c. The public hearing conducted by the Planning Commission shall be held. Any party may appear in person, or by agent or attorney; d. The Planning Commission shall make a finding that it is empowered under the section of these regulations described in the application to grant the conditional use,and that the granting of the conditional use will not adversely affect the public interest. e. Before any conditional use shall be approved,the Planning Commission shall make written findings certifying compliance with the specific rules governing individual conditional uses and that satisfactory provision and arrangement has been made concerning the following, where applicable: (1) The proposed use in the proposed location will not be detrimental to other uses legally existing or permitted outright in the zoning district. (2) The size of the site is adequate for the proposed use. (3) The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity. (4) The other performance characteristics of the proposed use are compatible with those of other uses in the neighborhood or vicinity. (5) Adequate buffering devices such as fencing, landscaping,or topographic is characteristics protect adjacent properties from adverse effects of the proposed use including adverse visual or auditoryefects.