(A) Nature of conditional uses. Specifically listed conditional uses are provided within the zoning district regulations in recognition that such uses, although often desirable, will more intensely affect the surrounding area in which they are located than the permitted uses of such zoning districts. The intent of this section is to set forth the development standards and criteria for locating and developing a conditional use in accordance with the nature of the surrounding area, conditions of development and with regard to appropriate plans.
(B) Written applications. Fourteen copies of a provided application form (inclusive of the original), a dimensioned site plan, and other applicable information shall be filed not less than 30 days prior to the date of the public hearing.
(1) Description of property and intended use. The application shall include the following statements:
(a) A legal description of the property.
(b) The proposed use of the property.
(c) A statement of the necessity or desirability of the proposed use to the neighborhood or community.
(d) A statement of the relationship of the proposed use to adjacent property and land use.
(e) Such other information regarding the property, proposed use or surrounding area as may be pertinent to the application or required for appropriate action by the Planning and Zoning Commission.
(2) Plot plan. The application shall be accompanied by a plot plan, drawn to an appropriate scale, clearly showing the following:
(a) The boundaries and dimensions of the lot.
(b) The size and location of existing and proposed structures.
(c) The proposed use of all parts of the lot and structures, including accessways, walks, off-street parking and loading spaces, and landscaping.
(d) The relationship of the proposed development to the development standards.
(e) The use of land and location of structures on adjacent property.
(C) Action by the Planning Commission. The Planning and Zoning Commission shall hold a public hearing and shall not approve a conditional use unless it finds that such use at the proposed location meets all of the following requirements:
(1) The proposed use will be harmonious with and in accordance with the general objectives, or with any specific objective or purpose of the Zoning Code and/or Community Plan.
(2) The proposed use will comply with all applicable development standards, except as specifically altered in the approved conditional use.
(3) 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.
(4) The use will not be hazardous to or have a negative impact on existing or future surrounding uses.
(5) The area and proposed use(s) will be adequately served by essential public facilities and services such as highways, streets, police, and fire protection, drainage structures, refuse disposal, water and sewers, 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.
(6) The proposed use will not be detrimental to the economic welfare of the community.
(7) 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.
(8) Vehicular approaches to the property shall be so designed as not to create interference with traffic on surrounding public and/or private streets or roads.
(9) The proposed use will not be detrimental to property values in the immediate vicinity.
(10) The proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(D) Large format retail. Any retail or wholesale use of 20,000 square feet or more of gross floor area shall be classified as a conditional use in all applicable zoning districts.
(E) Conditional use approval. Upon a favorable finding, the Planning and Zoning Commission shall approve a conditional use application within 30 days following the public hearing.
(F) Conditional use permit. A certificate of zoning compliance may be issued only for an approved conditional use within the period of one year from the date of final approval by the Planning and Zoning Commission. The right to such certificate of zoning compliance shall expire after this one year period.
(G) Building permit. A building permit may be obtained only for the development in accordance with the approved plot plan.
('80 Code, § 1131.03) (Ord. 101-90, passed 11-19-90; Am. Ord. 88-98, passed 11-2-98; Am. Ord. 117-03, passed 1-20-04)