§ 33-269. Permit for use; issuance; denial; appeals.  


Latest version.
  • No use whatsoever shall be permitted in a IU-C District until the applicant for the use shall have filed a written application specifying the use and containing such detailed information and certified reports as may be reasonably required to determine whether or not the proposed use would be commensurate with the public health, safety, comfort, convenience and general welfare of the community and in compliance with other Code provisions. Such written report shall be filed in triplicate with the Director, and shall be reviewed, studied and considered by the Department and such other appropriate department or governmental unit that may be interested or may regulate the use. Said agency shall promptly make a written report of its findings and recommendations to the Director, and simultaneously furnish a copy thereof to the applicant. The proposed use shall be permitted unless the aforesaid report shows that the proposed use would be detrimental to the public health, safety, comfort, convenience or general welfare of the County, or that the proposed use would be offensive or obnoxious by reason of the emission of odors, gases, dust, noise or vibration, or would cause any pollution of the air or water, or otherwise would be contrary to the intent and purpose of this chapter. If the aforesaid report and findings are favorable to the applicant, and it is recommended that the proposed use be permitted, then the Director shall issue appropriate permits and permit the use requested and set forth in the application. If such report is unfavorable to the applicant, no permits shall be issued and the requested use shall not be permitted; provided the applicant has a right of appeal pursuant to Section 33-311(C) of this Code. Nothing herein, however, shall prohibit the issuance of a building permit for an industrial building that complies with all applicable requirements prior to a determination of what use shall occupy such building, the ultimate occupancy being subject to the requirements of this section. No new application for the same proposed use shall be permitted within the period of six (6) months from the date of final determination of a prior application.

(Ord. No. 58-40, § 2(C)(1), 10-7-58; Ord. No. 69-51, § 4, 9-3-69; Ord. No. 72-5, § 1, 1-18-72; Ord. No. 95-215, § 1, 12-5-95)