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(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.)
(a) The Zoning Administrator shall not accept any re-application for a conditional use unless the re-application is based on a revised application that addresses the grounds for the denial of the prior application or the applicant can demonstrate that there are changes in circumstances materially relating to the property. A re-application shall comply with all the requirements of this Chapter, including payment of the required fee.
(Ord. 2010-059. Passed 3-7-11.)
Within each zoning district established by the Zoning Code and amendments thereto, uses of land or structures, which are compatible with each other, are permitted in the district. To the extent that new types of uses are created and are not addressed by this Zoning Code, this section provides the procedure by which the Planning Commission may make a determination that a new use is similar to a use permitted in a district.
(a) Determination. A proposed use may be permitted as a similar use when the Planning Commission determines that such proposed use is in compliance with the following provisions:
(1) The proposed use is not explicitly prohibited in any other district or the Zoning Code;
(2) The proposed use is not listed as a permitted building or use in any other district;
(3) The proposed use conforms to and is consistent with the purpose statement of the proposed district more appropriately than in any other district;
(4) The proposed use is of the same general character as the permitted uses in the district to which it is proposed or is similar to a specific use permitted in that district.
(b) Assignment to Districts. If the Planning Commission approves the proposed similar use, then such similar use shall be added to those districts that allow the principal or conditional use that is most similar, as determined by the Planning Commission.
(Ord. 2010-059. Passed 3-7-11.)