PROSPERITY — First reading of ordinance #2017.0731 to add the text of SIC Code 753-Automotive Repair Shop as conditional use upon being approved by the Zoning Administrator if all conditions have been met was passed Tuesday by Prosperity Town Council.
Councilman Chad Hawkins made the motion and Councilman Allen Gallman seconded.
The ordinance states that a garage for repair and servicing of motor vehicles must meet the following conditions:
• Operations are in a fully enclosed building
• No open storage of wrecked vehicles or dismantled parts are visible beyond premises
• Adequate parking for employees and customers is provided
• Adequate provisions are made for access and traffic safety
• No outside storage of junk or salvage is permitted
• No nuisance will be created beyond the premises by noise, vibrations, smoke, gas fumes, odor, dust, etc.
• Conditions are imposed to protect adjacent property from adverse impact
“This went before the Planning and Zoning as a text amendment should. They’ve discussed our text amendment, which is just adding the code to it. It’s not changing anything except in core commercial you will now be allowed as a conditional use for this garage,” said Town Administrator Karen Livingston. “They had much discussion about it. The motion was made to approve the text amendment and they did not get a second. It was not denied, they just didn’t get a second on it. They had more questions than they had answers.”
Livingston called on Prosperity Town Attorney Lisa Senn who then spoke with County Attorney Jay Tothacer about it.
“He said that our County Council and our training of people who serve on our board is that if you don’t want something to happen, the way to deal with it at the first opportunity is to let it die flat for lack of a second, so that’s their training. That’s sort of the same thing as voting against it because they have been trained that if none of you like it, don’t even get it to the point of a vote, just let it die flat for lack of a second,” said Senn.
Senn added that Prosperity’s Board of Zoning Appeals does not hear appeals from the Planning Commission.
“The Prosperity Zoning Appeals Board doesn’t second guess or hear from the County Planning Commissions actions or positions, that the Zoning Appeals Board of Prosperity only acts if you all made a zoning decision and someone appealed it and that’s the appeal,” said Senn.
Senn said she was cautioned by Tothacer that Council should be thoughtful about whether it wants to ignore or return the decision of the Planning Commission.
“Any time you’re thinking of making any change to any ordinance, you have to be so aware of the precedent that you’re setting. So if you can’t articulate a reason for wanting to change your ordinance and wanting to create this variance that is clearly all inclusive and not just targeted at one person or business, then the next person that comes along, if they have a business that you don’t want to grant a variance is going to go, but if you didn’t articulate an overall reason anybody who wants a variance gets one,” said Senn.