(A) Authority. The development and execution of this subchapter is based upon the division of the city into zoning districts within which districts the use of buildings, structures, and land, and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon adjacent land and of the public need for the particular use in the particular location. Upon receiving the finding of the City Board of Zoning Appeals (BZA), the Plan Commission shall evaluate the BZA’s findings and recommendation for the preparation of a report to the City Council. The City Council, after receiving a report from the Plan Commission, containing its findings and recommendations, may allow a conditional use and any variance requested in connection therewith in a particular zoning district or districts.
(B) Standards for conditional uses. The Commission shall not recommend nor the City Council grant a conditional use in a particular zoning district or districts unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, and general welfare;
(2) The conditional use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood; and
(3) The establishment of the conditional use will not impede the normal and orderly development and improvement of the adjacent property for uses permitted in the District.
(C) Procedures for and effective period of applications for conditional uses.
(1) An application for a conditional use shall be processed in accordance with the provisions of division (D) below.
(2) An application for a conditional use shall be valid for a period of two years from the date on which the application is filed with the Department of Redevelopment.
(3) Any application for a conditional use which is not processed completely in accordance with city ordinances and regulations, including the preparation and approval of required ordinances, within the two-year period, shall automatically lapse and become null and void without further action by the city.
(4) The Department of Community Development shall send written notice to the last known property owner of record at least 30 days before any application for a conditional use shall lapse.
(5) Upon the applicant’s request, the City Council may grant a one-year extension to the application period.
(6) After an application for a conditional use has lapsed, all fees paid by the applicant shall be forfeited, and any subsequent application for a conditional use shall be accompanied by the fees required by this code.
(D) Initiation of conditional use. A conditional use may be proposed by a person being the owner, lessee, or contract purchaser of the subject property.
(1) The following conditions shall be required.
(2) Except as provided in this division, offices, training studios, health spas (established after July 1, 2008), and health clubs/gymnasiums shall not be permitted below the second floor of any building or structure.
(a) Office uses and health spas (established after July 1, 2008) shall be permitted in single-story buildings adjoining the C-3 North Harbor Business District, less than 3,000 square feet, which are set back at least 12 feet from the right-of-way.
(b) Office uses, training studios, health spas (established after July 1, 2008), and health clubs/gymnasiums will not be continued where a building is remodeled in a manner that does not conform to the requirements of this division.
(c) If granted the conditional use, training studios and health clubs/gymnasiums shall be permitted in single-story buildings adjoining the C-3 North Harbor Business District, less than 3,000 square feet, which are set back at least 12 feet from the right-of-way.
(E) Generally.
(1) All business establishments shall be retail or service establishments dealing directly with
consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
(2) All new buildings within a C-3 zoned classification shall be a minimum of two stories and a maximum of three stories. All new building located on a corner lot shall be a minimum of three stories and a maximum of five stories.
(3) Acceptable facade wall base materials shall be pre-cast concrete.
(Prior Code, § 156.218) (Ord. 0-08-0020, passed 9-22-2008) Penalty, see § 156.999