(A) Purpose and applicability. The purpose of this section is to permit conditional uses in appropriate zoning districts. This may only occur in specific locations and only when designed and developed in a manner which assures maximum compatibility with adjoining uses. This section establishes principles and procedures essential to proper guidance and control of these uses. Conditional use may require the imposition of additional conditions in order to accomplish the following:
(1) To protect the public health, safety, convenience, and general welfare;
(2) To assure that the purposes of the zoning ordinance shall be maintained with respect to the particular conditional use on the particular requested site;
(3) To consider the location, use, building, traffic characteristics, and environmental impact of the proposed use; and
(4) To consider existing and potential uses with the general area in which the requested conditional use is proposed.
(B) Types of conditional uses. The Council may grant a conditional use permit in accordance with the procedures stated in this section for the following uses:
(2) Non-specified uses as determined by the Zoning Administrator, per §§ 152.026(C)(7), 152.027(C)(7), or 152.028(C)(7), upon a finding that said use is materially similar to other conditional uses within the same zoning district, in accordance with the procedures and standards set forth in this section.
(C) Conditional use permit application process.
(1) Pre-application conference. Prior to the submission of an application for a conditional use permit, all applicants are required to schedule a meeting with the Zoning Administrator, as set forth in § 152.086(A).
(2) Application submittal. A complete application for a conditional use permit shall be submitted to the Zoning Administrator as required by § 152.086(B). In addition, no conditional use shall be established until a site plan has been approved in accordance with § 152.095. Applications for a conditional use and site plan review shall be submitted and reviewed concurrently. At minimum, a conditional use permit application shall include:
(a) Proof of ownership;
(b) A written narrative that responds to § 152.091(D);
(c) A site plan consistent with § 152.095(C);
(d) A map showing adjoining zoning districts within 300 feet;
(e) A list of all property owners within 300 feet; and
(f) The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this code for a conditional use permit.
(3) Citizen review process. The applicant shall not be required to conduct a neighborhood meeting; However, for certain conditional use requests staff shall have the option to require the applicant to schedule and conduct a neighborhood meeting to avoid any unnecessary delays during the public hearing process. If the applicant chooses to hold or is required to hold a neighborhood meeting it shall be conducted in accordance with the procedures set forth in § 152.086(C).
(4) Application review and report. Upon receipt of a complete conditional use permit application, the Zoning Administrator shall review the proposed conditional use permit application and prepare a staff report for transmittal to the Planning and Zoning Commission in accordance with § 152.086(D).
(6) Planning and Zoning Commission review and recommendation. The Planning and Zoning Commission shall review the application in a public hearing, and recommend approval, approval with conditions, or denial of the application, subject to the review conditions set forth in § 152.091(C) and (D).
(7) Town Council review and action.
(a) The Town Council shall review the application in a public meeting; or a public hearing if any member of the public provides written objection to the recommendation of the Planning and Zoning Commission; and approve, approve with modifications, or deny the application. If a public hearing is held, public notification shall be provided in compliance with § 152.086(E).
(b) Conditions of approval. In permitting a conditional use or the alteration of an existing conditional use, the Council can impose, in addition to those standards and requirements expressly specified by this chapter additional conditions which it finds necessary to avoid detrimental environmental impact and to otherwise protect the best interest of the surrounding area or the community as a whole. These conditions can include, but are not limited to the following:
1. Limiting the manner in which the use is conducted, including restricting the time a certain activity can take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor;
2. Establishing special yard, open space, lot area or dimensional requirements;
3. Limiting the height, size or location of a building or other structure or use;
4. Designating the size, number, location and nature of vehicle access points. For example, but not limited to: secondary driveway access on corner lots in residential subdivisions;
5. Designating the size, location, screening, drainage, surfacing or other improvements of a parking area or loading area;
6. Limiting or otherwise designating the number, size, location, height and lighting of signs;
7. Limiting the intensity of outdoor lighting and requiring light shielding.
8. Requiring screening, landscaping or another facility to protect adjacent or nearby property and designate standards for its installation and maintenance;
9. Designating the size, height, location of screening and materials of fencing, including anti-graffiti type materials; and
10. Limiting hours of operation, revocation dates and time limits for commencing construction or use authorization.
(8) Written notification. An approved conditional use shall not be established until a conditional use permit has been issued by the Community Development Department. The permit shall cite the plans and documents on which the Council based its approval, as well as the specific modifications and/or conditions of the approval, if any.
(D) Required findings. The Council may approve a conditional use permit as submitted or modified only upon making the following findings:
(1) The proposed use will not be detrimental to the health, safety, or general welfare of persons living or working in the vicinity, to adjacent property, to the neighborhood, or to the public in general;
(2) The proposed use conforms with the purposes, intent, and policies of the general plan and its policies and any applicable area, neighborhood, or other plan officially adopted by the Town Council;
(3) The proposed use conforms with the conditions, requirements, or standards prescribed by the zoning code and any other applicable local, state, or federal requirements;
(4) The proposed conditional use shall conform to the character of the neighborhood, within the same zoning district, in which it is located. In making such a determination, consideration shall be given to the location, type and height of the buildings or structures and the type and extent of landscaping and screening on the site;
(5) Adequate utilities, access roads, drainage, fire protection, and other necessary facilities shall be provided;
(6) Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads;
(7) The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas;
(8) The proposed use shall not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permitted, nor substantially diminishes or impair the property values within the neighborhood; and
(9) The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district.
(E) Expiration and time extensions.
(1) Expiration. In any case where a conditional use permit has not been used within six months after the granting, it shall become null and void. Conditional use permits shall run with the land unless the Council elects to specify a period of abandonment after which the conditional use permit shall be voided.
(2) Time extensions. The Council shall hold a public hearing to consider the granting of a time extension as follows:
(a) Upon request by the applicant.
(b) When the request is filed in writing with the Community Development Department not less than 30 days prior to the expiration date of the original conditional use permit (CUP) approval.
(c) When accompanied by a time conditional use permit application fee in accordance with the fee schedule of the town.
(d) Upon determination by the Council that there have been no changes in the circumstances or in the vicinity of the property or use which would render the previously approved conditional use permit (CUP) inappropriate.
(F) Revocation or modification.
(1) Revocation. The Zoning Administrator shall notify the applicant by mail if in violation of the CUP. If no attempt to change the violation is made within ten working days of notification, the Council shall be authorized to hold a public hearing to consider the revocation or modification of a conditional use permit (CUP) previously granted in accordance with the provisions of the zoning ordinance. A written notice of the date, time, place and purpose of the hearing shall be served on the owner of the property for which the CUP was granted by registered mail, return receipt requested, not less than 30 days prior to the date of such hearing.
(2) Findings. A conditional use permit (CUP) may be revoked or modified if, from the facts presented at the public hearing or by investigation, the Town Council makes an affirmative determination on any one of the following findings:
(a) That the conditional use permit (CUP) was obtained by fraud.
(b) That the conditional use permit (CUP) granted is being exercised contrary to the conditions of approval of such CUP or in violation of any applicable law, license, ordinance, permit or regulation.
(c) That the use for which the conditional use permit (CUP) was granted is being or has been exercised as to be detrimental to the public health or safety.
(d) The use ceases for a period of 90 consecutive days, or because of failure to comply with the conditions of the use permit.
(G) Appeal. Decisions of the Council may be appealed pursuant to the procedures set forth in § 152.086(K).
(Ord. 2020-02, passed 4-13-2020)