§ 151.271 APPROVALS PROCESS.

   The Planning Commission using a Type III procedure, per § 151.233, reviews conditional use applications. Modifications to conditional use permits are subject to §§ 151.285 through 151.288 Modifications to Approved Plans and Conditions.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.272 APPLICATION SUBMISSION REQUIREMENTS.

   In addition to the submission requirements for a Type III review under § 151.233, applications for conditional use permits shall include a description of existing conditions, a site plan, and information on any existing and any proposed restrictions or covenants. (For a more detailed description of each item, please refer to § 151.253 Site Design Review Application Submission Requirements). An application for a conditional use permit shall also contain a narrative report or letter responding to the applicable approval criteria in § 151.273.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.273 CRITERIA, STANDARDS AND CONDITIONS OF APPROVAL.

   The Planning Commission shall approve, approve with conditions, or deny an application for a conditional use, including requests to enlarge or alter a conditional use, based on findings of fact with respect to all of the criteria and standards in divisions (A) and (B), below.

   (A)   Use criteria.

      (1)   The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;

      (2)   The negative impacts of the proposed use, if any, on adjacent properties and on the public can be mitigated through application of other Code standards, or other reasonable conditions of approval;

      (3)   All required public facilities, including water, sanitary sewer, and streets, have adequate capacity or are to be improved to serve the proposal, consistent with city standards; and

      (4)   A conditional use permit shall not allow a use that is prohibited or not expressly allowed under this chapter; nor shall a conditional use permit grant a variance without a variance application being reviewed with the conditional use application.

   (B)   Conditions of approval. The city may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, one or more of the following:

      (1)   Limiting the hours, days, place, and/or manner of operation;

      (2)   Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor, and/or dust;

      (3)   Requiring larger setback areas, lot area, and/or lot depth or width;

      (4)   Limiting the building or structure height, size, lot coverage, and/or location on the site;

      (5)   Designating the size, number, location, and/or design of vehicle access points or parking and loading areas;

      (6)   Requiring street right-of-way to be dedicated and street improvements made, or the installation of pathways or sidewalks, as applicable;

      (7)   Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;

      (8)   Limiting the number, size, location, height, and/or lighting of signs;

      (9)   Limiting or setting standards for the location, type, design, and/or intensity of outdoor lighting;

      (10)   Requiring berms, screening, or landscaping and the establishment of standards for their installation and maintenance;

      (11)   Requiring and designating the size, height, location, and/or materials for fences;

      (12)   Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands; and

      (13)   Requiring improvements to water, sanitary sewer, or storm drainage systems, in conformance with city standards.

   (C)   Approved conditional uses and uses existing prior to the effective date of this chapter and now classified in this chapter as a conditional use must apply for a new conditional use permit prior to any change in the use or in lot area, or alteration or enlargement of any structure. The City Planning Official may waive this requirement for minor alterations, i.e. those that will have no impact on neighboring properties and/or the general public.

(Ord. 2021-08-02, passed 10-12-2021)

MODIFICATIONS TO APPROVED PLANS AND CONDITIONS

§ 151.285 PURPOSE.

   The purpose of this section is to provide an efficient process for modifying land use decisions and approved development plans, in recognition of the cost and complexity of land development and the need to conserve city resources.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.286 APPLICABILITY.

   This chapter applies when an applicant proposes to modify an approved application or condition of approval.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.287 MAJOR MODIFICATIONS.

   (A)   Major modifications. The Planning Commission reviews applications for major modifications through the quasi-judicial procedure under § 151.233. Any 1 of the following changes constitutes a major modification:

      (1)   A change in land use, from a less intensive use to a more intensive use, as evidenced by, an estimated increase in automobile or truck trips (peak and/or average daily trips), an increase in hours of operation, an increased demand for parking, additional paved area, or similar factors, where the increase is 20% or more;

      (2)   An increase in floor area in a commercial or industrial development, or an increase in the number of dwelling units in a multifamily development, by 20% or more;

      (3)   A reduction in required setbacks, or an increase in lot coverage, by 20% or more;

      (4)   A change in the type and/or location of vehicle access points or approaches, driveways, or parking areas affecting off-site traffic, where the roadway authority determines the change could cause a significant adverse impact on traffic operations or safety (i.e. requiring mitigation);

      (5)   A reduction to screening, or a reduction to the area reserved for common open space or landscaping by 20% or more; or

      (6)   Change to a condition of approval, or a change similar to (A)(1) through (5), above, that could have a detrimental impact on adjoining properties.

      (7)   Other changes similar to those in (A)(1) through (6), above, in scale, magnitude, or impact to adjacent properties, as determined by the City Planning Official.

   (B)   Major modification applications; approval criteria. Requests for major modifications shall conform to all of the following procedures and criteria:

      (1)   The applicant shall submit an application form, filing fee, a narrative or letter describing the modification, and a site plan using the same plan format as in the original approval. The city may require other relevant information, as necessary, in evaluating the request;

      (2)   The application shall be subject to the same approval criteria used for the initial project approval; except that a modification adding a conditional use to a project approved without a conditional use shall require findings in conformance §§ 151.270 through 151.273;

      (3)   The scope of review shall be limited to the modification request. Notice shall be provided in accordance with §§ 151.230 through 151.238; and

      (4)   The Planning Commission shall approve, deny, or approve with conditions an application for major modification based on written findings on the applicable Code criteria, which shall be the same as for the original land use approval (e.g., subdivision, site design review, conditional use, etc.).

(Ord. 2021-08-02, passed 10-12-2021)