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(a) The applicant is encouraged to meet with the Zoning Administrator prior to submitting an application for a conditional use. 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, opinions, suggestions, or recommendations shall be relied upon by the applicant to indicate subsequent approval or disapproval of the application.
(Ord. 2010-059. Passed 3-7-11.)
The owner or agent thereof, of property for which such conditional use is proposed shall file with the Zoning Administrator:
(a) A completed application form along with the application fee.
(b) A list of all property owners and mailing addresses adjacent to any part of the property on which the conditional use is proposed, including their addresses and permanent parcel number and lot numbers, as shown on the current tax duplicate in the Office of the Summit County Treasurer.
(c) A site plan and associated documents as required by the applicable sections in Chapter 1240.
(Ord. 2010-059. Passed 3-7-11.)
(a) Review for Completeness. Upon receipt of an application for a conditional use, the Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed incomplete or otherwise not in compliance with the submittal requirements, the Zoning Administrator 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 Administrator shall officially accept the application for consideration and place it on the Planning Commission's agenda.
(b) Distribution of Plans. When the Zoning Administrator determines that the application is complete, the Zoning Administrator shall forward the application to appropriate City departments and professional consultants for review and comment.
(Ord. 2010-059. Passed 3-7-11.)
The Planning Commission shall review the proposed conditional use, as presented on the submitted plans and specifications, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Zoning Code.
(a) The Planning Commission shall review the application to determine if the establishment and operation of the proposed use complies with the general criteria established for all conditional uses and the specific requirements established for that particular use, as set forth in Chapter 1287, Conditional Use Regulations, of this Zoning Code; and
(b) The Planning Commission may require the applicant to submit such additional information as deemed necessary including the carrying out of special studies and the provisions of expert advice.
(Ord. 2010-059. Passed 3-7-11.)
(a) Prior to action being taken on a conditional use application, the Planning Commission shall hold a public hearing thereon and shall give ten (10) days notice of such public hearing indicating the time and place thereof, and the nature of the proposed conditional use application, by first class mail to the applicant and to the property adjacent to the property on which the use is proposed. Failure of delivery of such notice shall not invalidate action taken on such application. Further ten (10) day notice shall be given in one (1) or more newspapers of general circulation in the city. The 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. 2010-059. Passed 3-7-11.)
(a) Required Action. Upon review of a conditional use application, the Planning Commission shall take one (1) of the following actions:
(1) If the proposed conditional use is determined by the Planning Commission to be appropriate and in conformance with the review criteria outlined in Chapter 1287, the Planning Commission shall approve the conditional use. As part of the approval, the Planning Commission may prescribe reasonable requirements or conditions on the proposed use to ensure that the development conforms to the intent and purposes of Chapter 1287. The Planning Commission may approve the application for a conditional use and subsequently approve the final site plan.
(2) The Planning Commission shall deny the application if the Planning Commission concludes that, if completed as proposed, the development will not be in compliance with the requirements of this Zoning Code.
(b) Failure of the Planning Commission to Act. If the Planning Commission fails to act within three (3) regularly scheduled meetings from the date that the application was deemed complete, or an extended period as may be agreed upon, then the application shall be deemed to have been approved.
(Ord. 2010-059. Passed 3-7-11.)
(a) Terms. Approval of a conditional use, pursuant to this Chapter, shall be valid only for the use and the operation of such use as specified by the Planning Commission. The breach of any condition, safeguard, or requirement shall constitute a violation of this Zoning Code. Approval shall automatically be void if, for any reason, the conditional use shall cease for more than one (1) year.
(b) Duration. The conditional use approval shall expire one (1) year from the date of enactment, unless:
(1) Substantial progress in the establishment of the use is accomplished; or
(2) As otherwise specifically approved by the Planning Commission.
(c) Conditional Use Changes. Except as noted throughout the Code, all exterior alterations and additions to existing uses that became conditional uses, by the adoption of Chapter 1241, amendments thereto, or other Zoning Code amendments shall be reviewed and approved by the Planning Commission. Also, any interior alteration to an existing nonresidential conditional use that requires additional parking spaces to be provided shall be submitted to the Planning Commission for review and approval.
(Ord. 2010-059. Passed 3-7-11.)
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