A. Conditional Use Permit required
All sorority or fraternity houses shall require a Conditional Use Permit. A Conditional Use Permit for a sorority or fraternity shall be evaluated using the criteria listed in Subsection B, below.
B. Criteria for Conditional Use Permit:
The Planning Commission shall use certain criteria to determine whether a Conditional Use Permit shall be approved. Such criteria shall include, but not be limited to the following:
1. The number of planned residents shall, at a minimum, comply with Section 503.2 of the Uniform Housing Code and shall be appropriate considering the size of the house and property.
2. The number of available parking spaces shall be adequate for the number of planned residents and visitors shall, at a minimum, comply with the parking requirements set forth in Subsection 15.17.080.A.3 of this chapter. In addition, the applicant shall provide an auxiliary parking plan for visitor parking. Said plan shall include a description of the frequency and length of time estimated for visitor parking and the availability of on-site and other public and private parking for the property. The number of other available public and private parking shall bear a reasonable relationship to the frequency and length of time estimated for visitors.
3. Traffic and congestion in excess of that which would be generated by multiple family residential use, if such use were allowable, shall not be unreasonable. The capacity of any affected streets and the frequency and duration of any such additional traffic shall also be considered.
4. Other significant, demonstrable incompatibility problems with the location of the sorority or fraternity house in the proposed neighborhood that cannot be mitigated through the imposition of additional conditions.
5. A finding that the proposed use as a sorority or fraternity house shall not be injurious or unreasonably incompatible with the type of uses permitted in the surrounding area and, further, that the proposed use shall not otherwise be detrimental to the public health, safety or general welfare.
C. Periodic review of Conditional Use Permit:
Any Conditional Use Permit approved hereunder shall, at a minimum, be subject to an annual review in the form of a public hearing for the first two years following the original approval to establish whether the Conditional Use Permit shall be continued, revoked or additional conditions imposed. After the first two year annual reviews, a Conditional Use Permit shall be reviewed when deemed necessary, or according to any schedule as imposed by the Planning Commission.
D. Revocation or suspension:
Failure of any applicant to abide by and faithfully comply with any of the conditions that may be attached to the approval of a Conditional Use Permit shall constitute grounds for the revocation of said Conditional Use Permit by the Planning Commission.
E. Grounds for revocation or suspension:
The Planning Commission shall use certain criteria at any annual review, or other hearing as may be scheduled for revocation or suspension to determine whether a Conditional Use Permit shall be revoked or suspended. Such criteria shall include, but not be limited to the following:
1. Whether the sorority or fraternity has generated an excessive number or verifiable complaints from neighborhood residents against it or its residents, members or visitors.
2. Whether the sorority or fraternity is in compliance with all fire, building and zoning codes.
3. The responsiveness of the sorority or fraternity to any correction notices issued by the city.
4. Compliance with all conditions of the Conditional Use Permit in question.
F. Distance separation requirements:
A Conditional Use Permit for a sorority or fraternity house shall not be approved if the proposed sorority or fraternity site is within one 1,000 feet of another property with a valid Conditional Use Permit for a sorority or fraternity house. A list of property addresses with a valid Conditional Use Permit for a sorority or fraternity shall be maintained in the Development Services Department for public review.
(Ord. 2982, 2001)