When a proposed use is permitted in a zoning district as a conditional use as set forth in this Planning and Zoning Code, a conditional use permit is required prior to the issuance of a building permit. The owner, or authorized agent thereof, of property for which such conditional use is proposed, shall file with the Building Commissioner an application for a conditional use permit upon forms provided by the Building Commissioner. The Commission shall review each application in accordance with the following procedures.
(a) Submission Requirements. An application for a conditional use permit shall be accompanied by plans, elevations, drawings and other documentation as set forth in Section 1123.08
, and the payment of the application fee as established by Council.
(b) Review for completeness by the Building Commissioner. Upon receipt of an application, the Building Commissioner shall, within five (5) working days, make a preliminary review of the application to determine whether such application provides the information necessary for review and evaluation. If it is determined that such application does not provide the information necessary for such review and evaluation, the Building Commissioner shall so advise the applicant of the deficiencies and shall not further process the application until the deficiencies are corrected.
(c) Public Hearing by the Commission. The Commission shall hold a public hearing within sixty (60) days from the date the application is accepted as complete by the Building Commissioner.
(d) Notice of Public Hearing. Before conducting a public hearing required in Subsection (c) hereof, notice of such hearing shall be given in one or more newspapers of general circulation in the City at least fifteen (15) days before the date of such hearing. In addition, written notice of the hearing shall be mailed by the Secretary of the Commission by first class mail at least ten (10) days before the date of the public hearing to the applicant, the owner of the property if not the applicant, and to adjacent properties to the attention of such properties as follows:
(1) Properties on the same side of the street, which abut the site on which the building or use is sought to be located;
(2) Properties on the same side of the street next contiguous to the premises so abutting;
(3) Properties across the street immediately opposite the site; and the premises opposite the abutting and contiguous premises referred to in subsections (d)(1) and (2) hereof; and
(4) All other premises abutting the site.
The notice shall set forth the time and place of the public hearing and the nature of the proposed conditional use. The failure of any person to receive such notice shall not affect the right and power of the Commission to hear such application or to take action in accordance with such public notice.
(e) Review by the Commission. The Commission shall review each application for a conditional use permit to determine if such request complies with the purposes and intent of the Conditional Use Regulations as set forth in this Planning and Zoning Code.
(f) Action by the Commission. After the Public Hearing required in subsection (c) hereof, the Commission shall either approve, add supplementary conditions as specified in subsection (g) hereof, or disapprove the request for a conditional use permit.
(g) Additional Conditions. The Commission may impose such additional conditions, stipulations, safeguards and limitations on the duration of the use as it may deem necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of the Planning and Zoning Code will be observed. Any conditional use permit once issued by the Building Commissioner upon order of the Commission shall set forth such conditions, stipulations, safeguards and duration limit. The Commission may not extend the scope or extend the duration of the conditional use permit previously issued upon its order. Any additional action so desired may be affected only upon application to the Building Commissioner for issuance of a new conditional use permit in accordance with the provisions of this Planning and Zoning Code.
(h) Terms of a Conditional Use Permit. Failure on the part of the applicant to complete the installation, alteration or construction permitted by the conditional use permit within the allotted time shall terminate all rights under such conditional use permit. However, the Commission may, for good cause shown, extend the time limit but in no case more than a date 18 months from and after the date of the original issuance of the conditional use permit, unless construction is actively under way. If any action is taken that is contrary to the terms of the conditional use permit, or contrary to conditions accompanying the conditional use permit, the Commission may revoke such conditional use permit. A conditional use permit issued pursuant to this chapter shall be valid only to the person to whom issued, unless a transfer of such permit has been approved by the Commission. No conditional use permit shall be revoked unless notice has first been provided to the holder of such permit, and a public hearing to consider revocation is first provided in accordance with the same procedures and notification for public hearings set forth in Subsection (d) hereof.
(i) Cluster Development. Any cluster development shall be reviewed and approved by the Commission and the Council in accordance with Chapter 1163. The provisions of such chapter shall prevail over and supersede any provisions in this Chapter 1123 to the extent of any inconsistencies between such chapters.