(a) Intent. The procedures and standards in this Section are intended to provide a consistent and uniform method for review of conditional use proposals. Conditional uses are uses, either public or private, which possess unique characteristics and therefore cannot be properly classified as permitted uses in a particular zoning district. These review procedures and standards are intended to accomplish the following purposes:
(i) Ensure full compliance with the standards contained in this Ordinance and other applicable local ordinances, and state and federal laws.
(ii) Achieve efficient use of the land.
(iii) Prevent adverse impact on adjoining or nearby properties.
(iv) Protect natural resources.
(v) Facilitate development in accordance with the City’s land use objectives.
(b) Procedures and Requirements. Conditional use applications shall be submitted in accordance with the following procedures and requirements, which provide for review and action by the Commission. Although a site plan must be submitted with a conditional use application, approval of the conditional use is required prior to site plan approval.
(i) Applicant Eligibility. The application shall be submitted by the owner of an interest in land for which conditional use approval is sought, or by the owner’s designated agent. The applicant or a designated representative should be present at all scheduled review meetings or consideration of the proposal may be tabled.
(ii) Application Forms and Documentation. The application for conditional use shall be made on the forms and according to the guidelines in this Ordinance, as provided by the Administrative Official.
(iii) Application Data Requirements. A site plan shall be submitted with the conditional use application. In addition, the applicant shall complete any forms and supply any other data that may be required by the Commission or City staff to make the determination required, herein. The applicant shall provide all necessary written or graphic materials to document compliance with the standards set forth in this Ordinance, and other regulatory guidelines specified for particular conditional uses elsewhere in this Ordinance.
(iv) Site Plan Preparation. The site plan shall be prepared in the manner specified in this Ordinance and on the conditional use application form. A site plan which does not meet the stipulated requirements shall be considered incomplete and shall therefore not be subject to formal review.
(v) Submission of a Completed Plan. The conditional use application materials, required fees, and 12 copies of the completed site plan shall be submitted to the Administrative Official for review.
(vi) Review by the City Officials. The Administrative Official and other appropriate City officials shall review the site plan and application materials, and prepare a written review, which shall specify any deficiencies in the site plan and application and make recommendations as appropriate.
(vii) Submission of a Revised Plan and Conditional Use Application. The applicant shall revise the site plan and application materials, based on the recommendations set forth in the Administrative Official’s review. The applicant shall then submit 12 copies of the revised plan for further review by staff and the Commission.
(viii) Commission Consideration. After all application materials have been received and review fees paid, the application shall be reviewed in accordance with following procedures:
(1) Acceptance for Processing. The application shall be placed on the agenda of the next available scheduled Commission meeting and a public hearing shall be scheduled.
(2) Public Hearing. Notice of the public hearing shall be published in a newspaper of general circulation in the City, and sent by mail or personal delivery to the owners of property for which conditional use approval is being considered, and to all owners of property adjacent to and directly across the street from the property in question.
(3) Commission Review. Following the public hearing, but not necessarily at the same meeting, the conditional use proposal and plan shall be reviewed by the Commission, based on the standards and regulations in this Section.
(4) Plan Revision. If the Commission determines that revisions are necessary to bring the conditional use proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised application and site plan. Following submission of revised application materials, the conditional use proposal shall be placed on the agenda of the next available scheduled meeting of the Commission for further review and possible action.
(ix) Commission Determination. The Commission shall review the application for conditional use, together with the public hearing findings and reports and recommendations from the Administrative Official, City Planner, City Engineer, public safety officials, and other reviewing agencies. The Commission shall then make a determination on the conditional use application, based on the requirements and standards of this Ordinance. The Commission may approve, approve with conditions, or deny a conditional use request as follows:
(1) Approval. Upon determination by the Commission that the final plan for conditional use is in compliance with the standards and requirements of this Ordinance and other applicable ordinances and laws, approval shall be granted.
(2) Approval with Conditions. The Commission may impose reasonable conditions with the approval of a conditional use proposal, to the extent authorized by law. Conditions imposed shall meet all of the following requirements:
(a) Conditions shall be designed to protect natural resources, the health, safety, and welfare and the social and economic well- being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
(b) Conditions shall be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.
(c) Conditions shall be necessary to meet the intent and purpose of this Ordinance, related to the standards established in this Ordinance for the land use or activity under consideration, and necessary to insure compliance with those standards.
(3) Denial. Upon determination by the Commission that a conditional use proposal does not comply with the standards and regulations set forth in this Ordinance, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the City, the conditional use proposal shall be denied.
(x) Recording of Commission Action. Each action taken with respect to a conditional use shall be duly recorded in the minutes of the Commission. The minutes shall record the findings of fact relative to each conditional use proposal, the grounds for the action taken, and any conditions imposed in conjunction with approval.
(xi) Effect of Approval. Upon approval, a conditional use shall be deemed a conforming use permitted in the district in which it is proposed, subject to any conditions imposed and final approval of the site plan. Such approval shall affect only the lot or portion thereof on which the proposed use is located.
(xii) Board Authority. The Board shall not have the authority to consider an appeal of a decision by the Commission concerning a conditional use proposal.
(xiii) Application for a Building Permit. Prior to issuance of a building permit, the applicant shall submit proof of the following:
(1) Final approval of the conditional use application.
(2) Final approval of the site plan.
(3) Final approval of the engineering plans.
(4) Acquisition of all other applicable City, county, or state permits.
(xiv) Expiration of Conditional Use Approval. If construction has not commenced within 24 months of final approval, the approval becomes null and void and a new application for conditional use shall be required. Upon written request from the applicant, a 12 month extension may be granted by the Commission, if it finds that the approved conditional use application and site plan adequately represent current conditions on and surrounding the site. The written request for extension must be received prior to the site plan expiration date or a new application for conditional use review will be required.
(xv) Revocation of Conditional Use Approval. Approval of a conditional use proposal and site plan may be revoked by the Commission if construction is not in conformance with the approved plans. In such a case, the Administrative Official shall ask that the conditional use proposal be placed on the agenda of the Commission. Written notice shall be provided to the applicant at least five days prior to the meeting at which the case will be considered. The applicant shall be given the opportunity to present information and to answer questions. The Commission, as appropriate, may revoke approval if it finds that a violation exists and has not been remedied prior to the hearing.
(xvi) Performance Guarantee. The Commission may require that a performance guarantee be deposited with the City to ensure faithful completion of the improvements. Improvements that shall be covered by the performance guarantee include, but are not necessarily limited to: landscaping, open space improvements, streets, lighting, and sidewalks. The performance guarantee shall comply with the requirements outlined in this Ordinance.
(c) Standards for Granting Conditional Use Approval. Approval of a conditional use proposal shall be based on the determination that the proposed use will comply with all applicable requirements of this Ordinance, including site plan review criteria set forth for applicable site development standards for specific uses set forth elsewhere in this Ordinance, and the following standards:
(i) Compatibility with Adjacent Uses. The proposed conditional use shall be designed, constructed, operated and maintained to be compatible with uses on surrounding land. The site design shall minimize the impact of site activity on surrounding properties. In determining whether this requirement has been met, consideration shall be given to:
(1) The location and screening of vehicular circulation and parking areas in relation to surrounding development.
(2) The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.
(3) The hours of operation of the proposed use. Approval of a conditional use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.
(4) The bulk, placement, and materials of construction of the proposed use in relation to surrounding uses.
(ii) Compatibility with the Comprehensive Land Use Plan. The proposed conditional use shall be consistent with the general principles and objectives of the Comprehensive Land Use Plan.
(iii) Compliance with Applicable Regulations. The proposed conditional use shall be in compliance with all applicable federal, state, and local laws and ordinances.
(iv) Use of Adjacent Property. The proposed conditional use shall not interfere with the use and enjoyment of adjacent property.
(v) Public Services. The proposed conditional use shall not exceed the capacity of existing and available public services, including but not necessarily limited to utilities, public roads, police and fire protection services, and educational services, unless the project proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the conditional use is completed.
(vi) Impact of Traffic. The location of the proposed conditional use shall, within the zoning district, minimize the impact of traffic generated by the proposed use. In determining whether this requirement has been met, consideration shall be given to the following:
(1) Proximity and access to major thoroughfares.
(2) Estimated traffic generated by the proposed use.
(3) Proximity and relation to intersections.
(4) Adequacy of driver sight distances.
(5) Location of and access to off-street parking.
(6) Required vehicular turning movements.
(7) Provision of pedestrian traffic.
(vii) Enhancement of Surrounding Environment. The proposed conditional use shall provide the maximum feasible enhancement of the surrounding environment, and shall not unreasonably interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value. In determining whether this requirement has been met, consideration shall be given to:
(1) The provision of landscaping and other site amenities. Provision of additional landscaping over and above the specific requirements of this Ordinance may be required as a condition of approval of a conditional use.
(2) The bulk, placement, and materials of construction of proposed structures in relation to surrounding uses.
(viii) Impact on Public Health, Safety, and Welfare. The proposed conditional use shall not involve any activities, processes, materials, equipment, or conditions of operation, and shall not be located or designed in a manner that is detrimental to public health, safety, and welfare. In determining whether this requirement has been met, consideration shall be given to the production of traffic, noise, vibration, smoke, fumes, odors, dust, glare, and light.
(ix) Isolation of Existing Uses. The location of the proposed conditional use shall not result in a small residential area being substantially surrounded by non-residential development, and further, the location of the proposed conditional use shall not result in a small non-residential area being substantially surrounded by incompatible uses.
(x) Need for the Proposed Use. The Commission shall find that a need for the proposed use exists in the community at the time the proposal is considered.