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ARTICLE 6: CONDITIONAL USES

SECTION 601 AUTHORIZATION TO GRANT OR DENY CONDITIONAL USES



A. A Conditional Use listed in this Ordinance shall be permitted, altered or denied in accordance with the standards and procedures of this Ordinance and this Article by action of the Planning Commission for each of the following actions.

1) Permitting a new Conditional Use.

2) Modifying an existing conditional use, or nonconforming use.

3) Reactivating a conditional use that has been interrupted or abandoned for a period of one year or more.

B. Surface mines whose DOGAMI permits have been continuously renewed by payment of an annual renewal fee and/or the bond retained shall be considered as an on-going use even if the activity at the site has been interrupted longer than one year.

C. The lawful use of any building, structure or land at the time of the enactment or Amendment of any zoning Ordinance or regulation may be continued as a non-conforming use. Reasonable alteration of any such use may be permitted to continue the use. Alteration of any such use shall be permitted when necessary to comply with any lawful requirement for alteration in the use. A change of ownership or occupancy shall be permitted. In dealing with non-conforming and preexisting conditions, any change in the use, in the lot area, or alteration of the structure, shall conform to the requirements for a Conditional Use. Minor improvement or betterments of existing State Park facilities are excluded from Planning Commission review.

D. Upon adoption of findings relating to the need for additional requirements, the Commission may impose additional conditions which carry out the purpose and intent of the conditions which are specified in Section 602(E).