6-6   DECISIONS REQUIRING A PUBLIC HEARING

6-6(A)   CONDITIONAL USE APPROVAL

All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(A) or the DPM.

6-6(A)(1)   Applicability

6-6(A)(1)(a)   This Subsection 14-16-6-6(A) applies to all applications for a use listed as conditional (i.e. Conditional Primary, Conditional Accessory, Conditional Temporary, or Conditional Vacant if the application is submitted after the primary building on the property has been vacant for 5 years or more) in Table 4-2-1. Conditional uses are only allowed if approved pursuant to this Subsection 14-16-6-6(A).

6-6(A)(1)(b)   A Conditional Use Approval is only valid for the location stated in the application and cannot be transferred to a new location.

6-6(A)(1)(c)   If an approved conditional use is discontinued for a period of 1 year, it may not be reestablished without a new Conditional Use Approval.

6-6(A)(2)   Procedure

6-6(A)(2)(a)   The City Planning Department staff shall review the application and forward a recommendation to the ZHE.

6-6(A)(2)(b)   The ZHE shall conduct a public hearing on the application and make a written decision on the application.

6-6(A)(2)(c)   An application for a Conditional Use Approval must be decided before any Variance or Waiver for the subject property may be decided. Applications for a Variance or Waiver may be submitted concurrently with an application for a Conditional Use Approval.

   1.   If a Variance or Waiver is needed to comply with this IDO, the DPM, or other adopted City regulations, the decision on the Conditional Use Approval shall be conditioned on approval of any such necessary Variances or Waivers. If the Conditional Use Approval is denied, any necessary Variances or Waivers shall also be denied.

   2.   If any Variance or Waiver is required in order to make an approved conditional use comply with this IDO, the DPM, or other adopted City regulations and such Variance or Waiver is not approved, the Conditional Use Approval is invalidated.

6-6(A)(3)   Review and Decision Criteria

An application for a Conditional Use Approval shall be approved if it meets all of the following criteria.

6-6(A)(3)(a)   It is consistent with the adopted ABC Comp Plan, as amended.

6-6(A)(3)(b)   It complies with all applicable provisions of this IDO, including but not limited to any Use-specific Standards applicable to the use in Section 14-16-4-3; the DPM; other adopted City regulations; and any conditions specifically applied to development of the property in a prior permit or approval affecting the property, or there is a condition of approval that any Variances or Waivers needed to comply with any of these provisions must be approved or the Conditional Use Approval will be invalidated pursuant to Subsection (2)(c)2 above.

6-6(A)(3)(c)   It will not create significant adverse impacts on adjacent properties, the surrounding neighborhood, or the larger community.

6-6(A)(3)(d)   It will not create material adverse impacts on other land in the surrounding area through increases in traffic congestion, parking congestion, noise, or vibration without sufficient mitigation or civic or environmental benefits that outweigh the expected impacts.

6-6(A)(3)(e)   On a project site with existing uses, it will not increase non-residential activity within 300 feet in any direction of a lot in any Residential zone district between the hours of 10:00 P.M. and 6:00 A.M.

6-6(A)(3)(f)   It will not negatively impact pedestrian or transit connectivity without appropriate mitigation.