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 Chatsworth
 Code of Ordinances
 Appendix A. ZONING
 Appendix A-C. ZONING PROCEDURES AND STANDARDS

  § 7.0. Zoning Standards.  

Latest version.

  • Exercise of the zoning power of the City of Chatsworth shall constitute an effort to balance the interest of the community in promoting the public health, safety, morality, or general welfare against the right of property owners to the unrestricted use of their property. The following standards are determined to be relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to unrestricted use of the property.

    7.1

    Standards:

    7.1-1

    Whether the proposed amendment would allow a use that is generally suitable for the site compared to other possible uses and the uses and zoning of adjacent and nearby properties;

    7.1-2

    Whether the proposed amendment would adversely affect the economic value or the uses of adjacent and nearby properties;

    7.1-3

    Whether the property to be affected by the proposed amendment can be used as currently zoned;

    7.1-4

    Whether the proposed amendment, if adopted, would result in a use which would or could cause an excessive or burdensome use of existing streets, schools, sewers, water resources, police and fire protection, or other utilities;

    7.1-5

    Whether the subject property under the proposed amendment is in conformity with the policies and intent of the adopted Murray County, Chatsworth, and Eton Joint Comprehensive Plan, 2005-2025 or equivalent, as amended.

    7.1-6

    Whether there are other conditions or transitional patterns affecting the use and development of the subject property, if applicable, which give grounds for either approval or disapproval of the proposed amendment.

    7.2

    The City of Chatsworth shall consider any proposed zoning amendment properly initiated in light of the standards set forth in Section 7.1. In evaluating the standards set forth in Section 7.1 it shall be the policy of the City of Chatsworth to exercise its zoning power in conformity with the policy and intent of the Joint Comprehensive Plan for Murray County and the City of Chatsworth insofar as that plan is current in its application to the specific property that is the subject of the proposed amendment. It is further the policy of the City of Chatsworth to exercise the zoning power for purposes of assuring the compatibility of the use of adjacent and nearby properties and the preservation of the economic value of adjacent and nearby properties while enabling a reasonable use of all property.

    7.3

    Conditional Use (Special Use). The granting of a conditional use does not constitute a permanent change in zoning or use. The conditional use may be forfeited if it does not meet the review criteria. To ameliorate the impact of a conditional use upon surrounding property, no conditional use may be granted without special provisions for conditions, criteria, standards, and/or requirements as to the particular use. A permit for a conditional use (special use) shall be approved or denied, provided that due consideration is given to the following objective criteria as applicable to the specific use proposed at the specific site requested:

    7.3-1

    Whether the proposed use impacts negatively or positively the anticipated volume of traffic flow or pedestrian safety in the vicinity;

    7.3-2

    Whether the hours and manner of operation of the conditional use (special use) have no adverse effects on other properties/uses in the vicinity;

    7.3-3

    Whether refuse areas, parking, or loading/service areas on the property will be located or screened to protect other properties in the vicinity from noise, light, glare, or odors;

    7.3-4

    Whether the height, size, or location on the building or other structures on the property are compatible with the height, size, or location of buildings or other structures on neighboring properties;

    7.3-5

    Whether the size of the lot is sufficient for the proposed use, accounting for growth opportunity that will not infringe upon the requirements of the zoning ordinance nor infringe upon the relationship to surrounding land;

    7.3-6

    And satisfying the foregoing criteria, whether the benefits of and need for the proposed use are greater than any possible depreciating effects and damages to the neighboring properties.

( Ord. of 10-09 )