(a) Purpose. The characteristics and impacts of an ever-increasing number of new and unique uses, together with the broadening of numerous conventional uses, have fostered the development of more flexible regulations designed to accommodate these activities in a reasonable and equitable manner, while safeguarding both the property rights of all individuals and the health, safety and general welfare of the community. Toward these ends, it is recognized that this code should provide for more detailed evaluation of each use conditionally permissible in a specific district with respect to such considerations as location, design, size, methods of operation, intensity of use, public facilities requirements, and traffic generation. Accordingly, conditional use permits shall conform to the procedures and requirements of this section.
(b) Initiation. Any person having authority to file applications may initiate an application for a conditional use permit pursuant to Subsection 1165.02(a) Authority to File Applications.
(c) Process.
(1) Step 1 - Application.
A. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter.
(2) Step 2 - Review of Application by Zoning Commissioner.
A. Upon receipt of an application for a conditional use permit, the Zoning Commissioner shall review the application for completeness and prepare a staff report.
B. The Zoning Commissioner shall refer the complete application to the Planning Commission for review.
(3) Step 3 - Review and Decision by the Planning Commission.
A. After receiving the application from the Zoning Commissioner, the Planning Commission shall review the application.
B. The Planning Commission shall approve the application, approve the application with conditions, or disapprove the application based on the provisions of this Code.
C. If the conditional use permit is denied, the Planning Commission shall make a finding, in writing, justifying the denial of the conditional use permit and provide a copy of the findings to the applicant.
D. In granting approval, the Planning 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. The Planning Commission shall authorize the Zoning Commissioner to issue the conditional use permit with notation of conditions thereon or attached thereto.
(4) Conditional Use Review Criteria. In reviewing a conditional use application, the Planning Commission shall consider whether there is adequate evidence that the proposed conditionally permitted use is consistent with the following standards:
A. The conditional use is consistent with the spirit, purpose, and intent of the comprehensive plan, will not substantially or permanently injure the appropriate use of neighboring property and will serve the public convenience and welfare.
B. The proposed conditional use is to be located in a district wherein such use may be permitted, subject to the requirements of this chapter.
C. The use complies with all use-specific provisions established in Section 1169.08 Use Specific Regulations.
D. The proposed use shall be adequately served by essential public facilities and services such as, but not limited to, roads, public safety forces, storm water facilities, water, sanitary sewer, refuse pick-up, and schools or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
E. In the interest of public safety, as a matter of policy, all points of ingress/egress shall be located as far as possible from the intersection of two or more streets.
F. The proposed use will comply with all applicable development standards, except as specifically altered by the Planning Commission in the approved conditional use.
G. The proposed use will be harmonious with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area.
H. The use will not be hazardous to or have a negative impact on existing or future surrounding uses.
I. The proposed use will not be detrimental to the economic welfare of the community.
J. The proposed use will not involve uses, activities, processes, materials, equipment, and conditions of operations, including but not limited to, hours 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, odor, or other characteristic not comparable to the uses permitted in the base zoning district.
K. The proposed use will not be detrimental to property values in the immediate vicinity.
L. The proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(Ord. 7675. Passed 11-11-14.)