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 Clarkston
 Code of Ordinances
 Appendix A. ZONING
 Article III. ADMINISTRATION

  § 312. Conditional use permit.  

Latest version.

  • Certain uses of property, designated as conditional uses, Article VII this Zoning Ordinance, are declared to possess characteristics that may be incompatible with other uses in the district within which they are proposed for location. No conditional use shall be constructed, erected, enlarged, performed, or otherwise undertaken without first obtaining a conditional use permit.

    In addition, any use that may be compatible with existing uses in the area where it is proposed and is conisistent with the purpose and intent of the zoning district wherein it is proposed to be located, but does not expressly fit into the list of permitted uses for such zoning district shall require the approval of a conditional use permit.

    The mayor and city council shall hear applications for conditional use permits. the mayor and city council shall issue a conditional use permit to an applicant upon a finding that the proposed conditional use would generally be in the public interest.

    (1)

    In considering whether a proposed conditional use is in the public interest, the mayor and city council shall consider the following, among other relevant factors:

    a.

    Whether the conditional use would be injurious to the use and enjoyment of the environment or of other property in the immediate vicinity or diminish and impair property values within the surrounding neighborhood;

    b.

    Whether the proposed conditional use would increase local or state expenditures in relation to cost of servicing or maintaining neighboring properties;

    c.

    Whether the establishment of the conditional use would impede the normal and orderly development of surrounding property for uses predominant in the area; and

    d.

    Whether the location and character of the proposed conditional use would be consistent with a desirable pattern of development for the locality in general.

    (2)

    Once a conditional use has been approved by the mayor and council, said conditional use and any conditions shall run with the land upon which the conditional use was approved.

(Ord. No. 375, § 3(Attach.), 10-1-13)