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1139.02 CONDITIONAL ZONING CERTIFICATES.
(a) Purpose. The purpose of this section is to establish standards and procedures for review of uses which have the potential to be compatible with the districts in which they are listed as conditional uses but which, due to the nature of their operation, appearance, or other characteristics, require individual review and control of their location, design, intensity, configuration, and impacts upon the district and the community in order to ensure such compatibility and preservation of the district and community.
The provisions of Chapter 1165 shall govern applications, procedures, and standards relating to conditional zoning certificates for wireless telecommunications towers and antennas.
(b) Conditional Uses Generally.
(2) A use listed as a conditional use shall not be permitted by right. The identification of a use as a conditional use in a district shall not establish or imply any rights for approval of the use of any lot, nor shall the approval of a conditional use on one lot establish or imply any rights for approval of the same use on any other lot. Listing as a conditional use shall afford the opportunity to submit an application for a conditional zoning certificate which may be approved or denied on the basis of the provisions of this Code.
(3) When a use is listed in this Code as a conditional use for a district, the conditional use of land, building, or structure shall not be established until a conditional zoning certificate has been reviewed and approved according to the procedures of this Code and until zoning approval is issued by the Director.
(c) Application for Conditional Zoning Certificate.
(1) Application. An applicant for a conditional zoning certificate shall submit an application to the Director. At a minimum, an application for a conditional zoning certificate shall include the information listed in subsections (c)(1)A and B below.
A. Use Information:
1. A statement of the specific conditional use or uses listed in this Code for which the application is submitted.
2. A description of the activities proposed on the site, including the goods and services, hours of operation, anticipated number of employees, nature and volume of delivery activity, characteristics of vehicular activity, and other information which clearly documents the nature of the proposed use and its potential impacts.
3. A statement discussing the compatibility of the proposed use with the existing and permitted uses of adjacent properties and with the Master Plan, including an evaluation of the effects on adjoining properties of such elements as traffic circulation, noise, glare, odor, fumes, vibration, and storm water.
B. Site Plan Information: Information and exhibits required for Site Plan Review as provided by the Subdivision and Site Development Regulations.
C. Additional Information. Upon review of the application, the Planning Commission may determine that additional information is necessary to make a determination of the compliance of the proposed use with the provisions of this Code. The Commission may determine that additional studies or expert advice are necessary to evaluate a proposed conditional use relative to the requirements of this ordinance and shall advise the applicant if such studies or advice are required. The Commission may accept the required studies prepared by qualified professionals engaged by the applicant or may require the applicant to deposit with the City funds as required to pay for such studies. Such additional information or studies shall be appended to the original application.
(d) Notice and Hearing.
(1) Provided that an application is submitted to the Director at least thirty (30) days prior to a regularly scheduled meeting of the Planning Commission and provided that the Director determines that the application is complete at least fifteen (15) days prior to the meeting, then the Director shall transmit the application to the Planning Commission and recommend that the Planning Commission accept the application for study. The Planning Commission shall set the date and time for public hearing.
(2) Notice of the hearing shall be given as provided in 1139.06, Uniform Notice of Hearing.
(3) The Planning Commission shall conduct a public hearing on the date and time published.
(e) Review and Action by the Commission.
(1) Action by Planning Commission.. The Commission shall review the application for conformance with the provisions of this Code, including the standards set forth in Section 1153.02 : Standards for all Conditional Uses and, as applicable, of Section 1153.03 : and shall, within ninety-five (95) days after the public hearing, take one of the following actions, except that the applicant may agree to a longer period for decision.
A. Recommend that City Council approve the proposed conditional zoning certificate and site plan. In making the recommendation for approval, the Commission may prescribe appropriate conditions and safeguards in conformance with the intent and purposes of this Code for the protection of nearby property and the public health, safety and general welfare.
B. Deny the application, stating in the motion for denial the reason(s) for disapproval.
(2) Notice to Council. The Director shall, within two (2) days after the Planning Commission recommends approval of a conditional zoning certificate, forward the recommendation to the Clerk of Council.
(3) Action by Council.
A. Council shall review the application, the record, and the recommendation of the Planning Commission and shall take one of the following actions within thirty (30) days after the first Council meeting agenda on which the application is considered:
1. Approve the proposed conditional zoning certificate. In granting approval, Council may confirm the conditions and safeguards approved by the Planning Commission or amend them.
2. Deny the application, stating in the motion for denial the reason(s) for disapproval.
B. Effect of Council Action.
1. If Council approves the conditional zoning certificate, then the Director shall be authorized to issue the conditional zoning certificate.
2. If Council denies the conditional zoning certificate, then the Clerk of Council shall notify the applicant in writing and no further action shall be taken.
C. Appeal. An applicant may, no later than ten (10) days after receipt of written notice of denial of an application by the Planning Commission, submit a written appeal to City Council. The Director shall submit the record of the application to the Clerk of Council for Council’s use in determining the appeal.
(f) Issuance, Expiration, Revocation, Transfer.
(1) Upon conclusion of the procedures in 1139.02(c), (d), and (e), the Director may issue a Conditional Zoning Certificate.
(2) No application for a Conditional Zoning Certificate which has been denied wholly or in part by the Planning Commission or by City Council shall be resubmitted until the expiration of one (1) year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Planning Commission.
A. If the Director finds that any provision of this chapter relating to a conditional zoning certificate is being violated or that any condition, safeguard, or requirement of a conditional zoning certificate is being violated or breached, he shall send a written notice to the owner of the property, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Director’s discretion.
B. The final written notice (and the initial written notice may be the final written notice) shall state what action the Director intends to take if the violation is not corrected and shall advise that the Director’s decision or order may be appealed to the Board of Zoning Appeals within ten (10) days of receipt of the notice.
C. If no appeal is filed, the Director shall take necessary and appropriate action required to resolve the violation. If an appeal is filed, all action shall be stayed unless the Director prepares a statement, as approved by the Director of Law, certifying that the situation poses imminent peril to the public health, safety and welfare and that immediate action is warranted.
D. If an appeal is filed, the Director shall set the appeal for hearing before the Board of Zoning Appeals. At least ten (10) days prior to the hearing, written notice shall be issued to the property owner.
E. The Board shall conduct the hearing at the date and time established, shall consider the appeal and the record and shall determine the action to be taken. The Board may take any of the following actions:
1. Amend the terms of the conditional zoning certificate.
2. Revoke the conditional zoning certificate.
3. Order the Director to take action necessary to correct the violation.
F. Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety, or welfare, the Director may seek enforcement without prior written notice.
(4) Transfer of conditional zoning certificate to new owner. A conditional zoning certificate shall expire when ownership of the lot is transferred to a new owner. A conditional zoning certificate may be transferred to a new owner of the lot for which the original certificate was granted provided that the new owner shall submit a written request for transfer of the certificate. The request shall include a statement ensuring compliance with all conditions of the original certificate. The Director shall inspect the premises for conformance with the original certificate, shall review the record regarding the certificate, and shall make a recommendation to the Planning Commission. The Planning Commission shall determine whether the original certificate shall be transferred to the new owner or if it shall expire.
(Ord. 2000-143. Passed 6-26-00; Ord. 2008-194. Passed 12-1-08.)