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(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)
(A) Fees for conditional uses and variances. All fees shall be consistent with the fee schedule as amended by Am. Ord. 122-94.
(B) Fees for variances and special permits. A fee as set forth from time to time by ordinance shall be paid to the municipality for each application for a variance or special permit to cover the necessary administrative and advertising costs.
('80 Code, §§ 1129.06, 1129.08) (Ord. 21-70, passed 7-13-70; Am. Ord. 101-90, passed 11-19-90; Am. Ord. 88-98, passed 11-2-98)
Editor's Note:
A copy of the most recent ordinance establishing current city fees and service charges is available at city offices during normal business hours.
(A) In the event any violation of this chapter is committed, for which no specific penalty is otherwise provided, the owner or owners of the building or premises upon which the violation has been committed, any architect, builder or contractor who assists in the commission of such violation and any person, firm or corporation who violates or assists in the violation of any of the provisions of this chapter or who fails to comply herewith or with any requirement hereof, who builds in violation of any statement, plan, submitted and approved hereunder, or whoever constructs, reconstructs, alters, or modifies any exterior architectural feature, site, or sign now or hereafter in the Historic District, in violation of this chapter shall, for each and every violation for noncompliance, be guilty of a minor misdemeanor. Each day during which a violation or noncompliance occurs shall constitute a separate offense.
('80 Code, §§ 1123.99, 1183.04(e), 1191.99) (Ord. 45-89, passed 6-19-89; Ord. 25-93, passed 9-13-93)
(B) Non-permitted demolition of sites, structures, or objects subject to Architectural Review Board. In cases where a violation has occurred that resulted in the non-permitted demolition, partial demolition, or irreparable alteration of historic sites, structures, or objects for which a Board Order of the Architectural Review Board is required, the convicted person shall be guilty of a fourth-degree misdemeanor and subject to a mandatory minimum fine of $250, which shall not be suspended, for each offense.
(C) Anyone who operates a helicopter, or allows operation of a helicopter in violation of the provisions of § 153.094 shall, upon conviction, pay a fine of not more than $500 for each violation.
(D) Violation of §§ 153.140 - 153.147 shall constitute a fourth degree misdemeanor punishable per day per occurrence. Nothing herein shall prevent the City from taking such other lawful action, including civil actions at law or equity, including temporary restraining orders, preliminary injunctions and permanent injunctions, as is necessary to prevent or remedy any violations. A separate and distinct violation shall be deemed to have occurred for each protected tree unlawfully removed and/or not replaced in violation of any of the sections aforesaid.
('80 Code, § 1184.05(f)) (Ord. 101-90, passed 11-19-90; Am. Ord. 95-96, passed 10-5-98; Am. Ord. 23-22, passed 6-13-22)
A. When the following | B. ...adjoins the following, or vice versa: | C. ... the minimum land-scape..within a buffer zone of this average width (with 3 ft. as the least dimension) is required.1 | D. 2 ..which will contain this material, to achieve opacity required. | |
1. | Any residential zone | Mobile home park | 10 ft., adjacent to all common boundaries, including street frontage | 1 tree/40 ft. of lineal boundary, OFT,3 plus continuous 6 ft. high planting, hedge, fence, wall or earth mound |
2. | Any residential zone | Any office zone | 6 ft. adjacent to all common boundaries except street frontage | Same as 1.D., except use only Group A or B |
3. | Any residential zone | Any business zone | 10 ft. located as above (2.C.) | Same as 2.D. |
4. | Any residential zone | Any industrial zone | 15 ft. located as above (2.C.) | Same as 1.D., except use only Group A |
5. | Any office or business zone | Any industrial zone | 15 ft. located as above (2.C.) | Same as 2.D. |
6. | Any zone except rural zone | A freeway or arterial street prohibiting driveways | 20 ft. for residential zones and 10 ft. for all other zones adjacent to freeway or arterial | 1 tree/30 ft., OFT, Group A or B, plus continuous 6 ft. height planting, hedge, wall, fence or earth mound |
7. | Any zone except agricultural and industrial zones | Railroads (except spur tracks) | Same as 6.C., adjacent to railroad boundaries | Same as 6.D. |
8. | Any property boundary, including street rights-of-way | Utility substation, junk yards, landfills, sewage plants or similar uses | 15 ft. adjacent to all boundaries except only 5 ft. for utility substations measured adjacent to the enclosure | Same as 6.D. |
1 Six feet shall be the least dimension for any commercial or industrial zone with three feet as the least dimension for any other zone. | ||||
2 Grass or ground cover shall be planted on all portions of the easements not occupied by other landscape material. | ||||
3 OFT means "or fraction thereof." Trees do not have to be equally spaced, but may be grouped. |
('80 Code, Appendix A) (Ord. 13-81, passed 5-18-81)
A. When the following | B. ...adjoins the following, or vice versa: | C. the minimum land-scape easement of this width is required.1 | D. ..which will contain this material2 to achieve opacity required. | |
1. | Any property in any zone except CB, CCC | Any vehicular use areas3 on adjacent property | 4 ft.minimum to all trees from edge of paving where vehicles overhang, and 3 ft. strip that prohibits any vehicular over-hang for other areas, adjacent to portion of vehicular use area that faces building on adjacent property | 1 tree/40 ft. of boundary of vehicular area OFT,4 from Group A, B, or C, plus a 3.5 ft. average height continuous planting, hedge, fence, wall or earth mound |
2. | Any public or private street right-of-way, access road or service road, except freeways | Any vehicular use area, outside of CB or CCC (except vehicular sales facilities) in any zone | Same as 1.C. above, except applies to VUA portion facing public or private street | 1 tree/40 ft. OFT from Group A or B, plus a 3.5 ft. average height continuous fence, wall, planting, hedge, earth mound |
3. | Same as 2.A. | Any vehicular use area in a vehicular sales facility | Same as 2.C. above | 1 tree/30 ft., OFT from Group A or B, with at least a 3-inch caliper along the entire street frontage, plus a 3.5-foot average height continuous fence, wall, hedge, planting or earth mound along at least 75% of the street frontage. The remaining street frontage, not to exceed 25%, shall include a 12-inch height vegetative planting. |
A. When the following | B. ...adjoins the following, or vice versa: | C. the minimum land-scape easement of this width is required.1 | D. ..which will contain this material2 to achieve opacity required. | |
4. | Same as 2.A. | Any vehicular use area (except loading and unloading areas) in CB or CCC zones | 3 ft. strip adjacent to portion of vehicular use area that faces a public or private street right-of-way | 3.5 ft. average height continuous planting, hedge, fence or wall |
2 Grass or ground cover shall be planted on all portions of the easements not occupied by other landscape material. | ||||
3 A vehicular use area (VUA) is any open or unenclosed area containing more than 1,800 square feet of area and/or used by six or more of any type of vehicle, whether moving or at rest, including, but not limited to, parking lots, loading and unloading areas, mobile home parks, and sales and service areas. Driveways are considered to be vehicular use areas whenever they are adjacent to public streets or other vehicular use elements described previously in this paragraph, and where intervening curbs, sidewalks, landscape strips, etc. do not eliminate adjacency. | ||||
4 OFT means "or fraction thereof." | ||||
5 Purpose statement. The intent of these requirements is to improve the appearance of vehicular use areas and property abutting streets. The vehicular use area perimeter requirement for vehicular sales facilities allows the creation of "picture frame(s)" along streets for vehicular sales display. The following formula shall be used to determine the display area allowed per street frontage: Linear distance of street frontage (from lot line to lot line or from lot line to corner in feet) x .25 = display area (in feet). Vehicles in the display area shall be located behind the 12-inch height planting and all vehicles shall be parked at grade. Screening requirements for the remaining vehicular use areas that adjoin a street frontage shall be similar to those for other uses with two exceptions. The size of trees at installation is increased and the spacing between trees is reduced. These requirements will help to mitigate the glare from artificial lights. | ||||
('80 Code, Appendix B) (Ord. 13-81, passed 5-18-81; Am. Ord. 17-88, passed 3-6-89)
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