HomeMy WebLinkAboutC.054.93011_1521to abide by the conditions as well as the main condition which was that the business was limited
to a sawmill. He said there were numerous uses in an M-2 district, but the condition specifically
limited it to a sawmill. Warren said the only way another type of industry could be placed at the
site, lawfully, was to request a change of conditions through the board of commissioners. Mr.
Warren said the use of the property for a sawmill was not allowed under the current
classification, and this was regardless of whether the actual sawmill machine was inside or
outside a building.
Commissioner Robertson asked if any other zoning classification could be used.
Warren said M-2 was the only one.
Robertson asked about the building's location.
Warren said the building was on the 5.3 acre tract listed in the rezoning request, and it
was actually part of a 6.33 acre tract. He said the building could be used for a farm -type
enterprise in the RA district.
Commissioner Robertson asked how the department would regulate the conditions.
Warren said citizens could call the planning department if violations occurred. He said
there was a zoning code enforcement employee who would investigate possible violations.
Warren said in this particular case, the tenant and property owner would be contacted. After
this, Warren said a series of steps were taken and a time period was given for compliance. He
said if compliance didn't occur, the county attorney was notified.
Attorney Pope said the person could be found in violation, and a restraining order could
be issued. He said evidence would have to be shown on whether the violation was an isolated
instance or there was a pattern of violations. Pope said the magnitude of the situation would
impact the restraining order decision.
Robertson asked what happened if violations repeatedly happened.
Warren said financial penalties would occur as well as the possible business closure.
Robertson asked who had the burden of proof -- the county or the adjacent property
owners.
Warren said if a violation occurred it would be the county's responsibility to obtain the
services of Attorney Pope, as well as anyone else, to follow through to ensure the business owner
was in compliance.
Robertson asked about the hours of operation.
Kathy Sparks, with RBN Grading & Lumber, said that once approved for the M-2
zoning, the business would abide by the hours of operation stipulated in the conditions (7 am - 6
pm).
Robertson asked about the chipper noise.
Cannon said a piece of equipment would be used to grind the lumber parts that were
unusable lumbering materials.
Sparks said a truck would be backed into the rear of the building, and a machine would
blow the chips into a larger truck.
Robertson asked about the buffering
Shultz said a $9,800 buffer (trees) was purchased prior to the rezoning application, and
she said "I'm willing to do what has to be done to make it look good."
No one else desired to speak, and Chairman Norman adjourned the hearing.