1368.01 Purpose.
1368.02 Pre-application meeting encouraged.
1368.03 Submission of application.
1368.04 Conditional use application procedures.
1368.05 Public hearing and notice by City Planning and Zoning Commission.
1368.06 General criteria for all conditional uses.
1368.07 Action by the City Planning and Zoning Commission.
1368.08 Terms and duration of conditional use approval.
1368.09 Amendments to conditional use approval.
1368.10 Re-application.
1368.11 Specific regulations for conditional uses.
1368.12 Churches/religious assembly.
1368.13 Group housing units.
1368.14 Public library; public or private school; elementary or secondary.
1368.15 Day care center.
When a proposed use is permitted in a zoning district as a conditional use, as set forth in the Use District Regulations, conditional use approval is required and the application for such conditional use approval shall be submitted and reviewed according to the standards outlined in this Planning and Zoning Code.
(Ord. 174-2008. Passed 9-2-08.)
The applicant is encouraged to meet with the Zoning Commissioner prior to submitting an application for conditional use approval. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of these zoning regulations and the criteria and standards contained within. However, no action shall be taken at such a meeting and no discussions, opinion, suggestions, or recommendations shall be relied upon by the applicant to indicate subsequent approval or disapproval of the application.
(Ord. 174-2008. Passed 9-2-08.)
The owner, or agent thereof, of property for which such conditional use is proposed shall file an application for conditional use review with the Zoning Commissioner. Submission of the application shall also include the application fee, as set forth in the schedule of fees adopted by City Council. The application for conditional use review shall include the following:
(a) A complete description of the proposed use shall disclose all uses proposed for the development, their location, extent, and characteristics; and
(b) A development plan and associated documentation indicating all anticipated future uses of the site, when required.
(c) The application shall contain sufficient information for the City Planning and Zoning Commission to determine the suitability of the proposed use on the site. The applicant bears the burden of presenting evidence to the City Planning and Zoning Commission that is sufficient to lead the Commission to conclude that the conditional use permit should be granted.
(Ord. 174-2008. Passed 9-2-08.)
(a) Review for Completeness. Within three days after receiving an application for conditional use review, the Zoning Commissioner shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Commissioner shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Commissioner shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the City Planning and Zoning Commission's agenda.
(b) Distribution of Plans. When the Zoning Commissioner determines that the application is complete, the Zoning Commissioner shall forward the application to appropriate City departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Zoning Commissioner.
(c) Transmission to the City Planning and Zoning Commission. The Zoning Commissioner shall distribute the application for conditional use permit and any reports prepared by the individuals in subsection (b) above to the City Planning and Zoning Commission, prior to the time of the Commission's review at their next regularly scheduled meeting.
(Ord. 174-2008. Passed 9-2-08.)
(a) The City Planning and Zoning Commission shall hold a hearing on the conditional use permit application within 30 days after a complete application has been filed unless otherwise agreed by the applicant. Written notice of the hearing shall be sent at least ten days prior to the hearing by first class mail to the applicant and to the owners of record, as they appear on the County Auditor's or Treasurer's current tax list, of all parcels located within 60 feet of the subject parcel.
(b) The notice of such hearing shall state the time, place, date, and subject of the hearing. The failure of delivery of such notice shall not invalidate any subsequent proceedings. Any party in interest may appear and be heard at the hearing in person, by agent, or by attorney.
(c) The City Planning and Zoning Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(Ord. 174-2008. Passed 9-2-08.)
A conditional use and uses accessory to such conditional use shall be permitted in a district only when specified as a conditional use in such district and only if such use conforms to the following criteria, which are in addition to standards and regulations set forth in applicable sections of this Planning and Zoning Code.
(a) The City Planning and Zoning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that:
(1) The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(2) The conditional use will not be detrimental to property values in the immediate vicinity.
(3) The conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate with the prevailing existing or intended character of the general vicinity.
(4) The establishment, maintenance or operation of the conditional use will not endanger the public health, safety or general welfare.
(5) The conditional use will not be more hazardous or more disturbing to the existing and future use and enjoyment of properties in the immediate vicinity than uses that are permitted by right, nor substantially diminish or impair property values within the neighborhood.
(6) The conditional use will be minimally impacted in the future by surrounding uses permitted by right that may be incompatible with the proposed conditional use.
(7) The conditional use will be designed and constructed so that:
A. All access drives, access points to public streets, driveways, parking and service area shall be in compliance with the regulations set forth in Part Nine Streets, Utilities, and Public Service Code.
B. The sites will be properly landscaped in accordance with Chapter 909 and other applicable provisions of the Planning and Zoning Code.
(8) The application complies with the specific conditions, standards and regulations set forth in this chapter, which are established for the particular conditional use proposed.
(b) The City Planning and Zoning Commission may require the applicant to submit additional information as deemed necessary including the carrying out of special studies and the provisions of expert advice.
(Ord. 174-2008. Passed 9-2-08.)
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