CHAPTER 1145
Conditional Uses

1145.01   Conditional uses.

1145.02   Application for conditional use approval.

1145.03   General standards for conditional uses.

1145.04   Supplementary conditions and safeguards.

1145.05   Notice to parties of interest.

1145.06   Action by the Planning Commission.

1145.07   Appeals.

1145.08   Expiration of conditional use approval.

CROSS REFERENCES

      Nonconforming Uses - see P. & Z. Ch. 1150.

1145.01 CONDITIONAL USES.

   The Planning Commission may authorize, upon application, conditional uses as delineated in this Chapter. Such conditional use requests shall conform to the procedures and requirements of this Chapter.
(Ord. 26-99-0. Passed 8-23-99.)

1145.02 APPLICATION FOR CONDITIONAL USE APPROVAL.

   An Application for Conditional Use Approval shall be filed with the Zoning Inspector by at least one owner, owner's agent or lessee of properties for which such conditional use is proposed. The application shall be signed by the owner or applicant attesting to the accuracy of all information supplied in the application. At a minimum, the application shall contain the following information:

   (a)   Name, address and telephone number of the owner of record and applicant;

    (b)   A boundary survey of the said property;

    (c)   Description of existing use;

   (d)   Present zoning district;

   (e)   Description of proposed conditional use;

    (f)   A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and other such information as the Zoning Inspector may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Ordinance;

   (g)   A statement and supporting documentation describing how the applicant believes the request conforms to the standards for conditional uses listed in Section 1145.03; and

   (h)   An application filing fee as established by Council;

   (i)   The Zoning Inspector may waive Certain submission requirements where it is determined that it is not applicable.

      (Ord. 26-99-0. Passed 8-23-99.)

1145.03 GENERAL STANDARDS FOR CONDITIONAL USES.

   In addition to specific requirements for conditionally permitted uses that may be specified in the district use regulations, the Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

   (a)   Shall be in accordance with the general objectives of this Zoning Ordinance;

   (b)   Shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity;

   (c)   Shall not be hazardous or disturbing to neighboring uses;

   (d)   Shall be served adequately by essential public facilities and services;

   (e)   Shall not be detrimental to the economic welfare of the community;

   (f)   Shall not involve uses, activities, processes, material, equipment and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

   (g)   When reviewing public service facilities, the adequacy and availability of existing services shall be considered.

   The Planning Commission shall have the authority to modify the requirements of a conditional use.
(Ord. 26-99-0. Passed 8-23-99.)