(A) General. Conditional uses as specified herein may be allowed or denied by the City Commission after recommendation by the Planning Commission in accordance with the criteria and provisions listed herein.
(B) Application. Applications for conditional uses, in an approved form, will be filed by the applicant with the Zoning Officer and shall be accompanied by:
(1) An application fee in an amount equal to that set from time to time by resolution of the City Commission, plus the applicant shall be required to reimburse the city for any expenses incurred for legal and other professional consultation;
(2) Eight copies of professionally prepared plans drawn to a scale of one inch equals 50 feet, and other supporting data regarding the site and any natural and constructed features thereon, such as:
(a) Size, location and topography of the site;
(b) The use of adjacent land;
(c) The proposed size, bulk, use and location of all buildings;
(d) The location and proposed function of all yards, open spaces, loading areas, parking areas, driveways, storage areas and accessory structures;
(e) Grading, drainage and landscape plans;
(f) Elevations and floor plans of proposed buildings, structures and other improvements;
(g) Locations of proposed utilities and the plans for same; and
(h) Any other information required, in the opinion of the Zoning Officer, to evaluate the application, to determine consistency with the comprehensive plan, and to ensure compliance with requirements of this chapter and other applicable code provisions; and
(i) The Zoning Officer may waive one or all of the requirements of this section when, in the Zoning Officer’s opinion, the permit applied for may be clearly understood without such plans, and the cost of the plans would be disproportionate to the overall cost of the project. An abbreviated plan shall be submitted in a form requested by the Zoning Officer.
(3) An agreement duly executed by the applicant evidencing the applicant’s pledge to reimburse all expenses reasonably incurred by the city in processing the application including, but not limited to, costs associated with publications, mailing of notice, duplication of documents and other administrative expenses as well as legal, engineering and other professional fees reasonably necessary to ascertain the legal, administrative and financial feasibility of the conditional use and to confirm the applicant’s financial ability to complete the project as proposed.
(C) Review.
(1) The Zoning Officer shall within ten days forward the application to the Planning Commission for review and comment and the application shall be placed on the Planning Commission agenda for the next regularly scheduled meeting. A public hearing shall be held on each application within 30 days after the date scheduled for Planning Commission review. The applicant and all property owners located within 500 feet of the subject property shall be notified of the public hearing by U.S. mail, not less than ten days prior to the date of the hearing. The notice shall include the date, time and place of the hearing and shall reasonably identify the subject property.
(2) The City Commission may attach such conditions as it deems necessary to the approval of any conditional use.
(a) The approved site plan and all attached conditions shall be accepted by the petitioner within 30 days of final approval.
(b) All developments, construction and use shall be in accordance with the approved plan, unless a revised plan is submitted, approved and recorded. Any development contrary to the approved plan shall constitute a violation of this chapter.
(D) Criteria for approval. A conditional use shall be approved if and only if it is found to meet the following criteria.
(1) The proposed use conforms to the district and conditional use provisions and all general regulations of this chapter.
(2) The proposed use meets all special standards which may apply to its class of conditional uses as set forth in this section.
(3) The proposed use shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other person or property, and shall comply with the performance standards set forth herein.
(4) The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties.
(5) The proposed use shall be compatible with the surrounding area and produce a total visual impression and environment which is consistent with the environment of the neighborhood.
(6) The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood.
(7) The proposed use shall preserve the objectives of this chapter and shall be consistent with the Land Use Plan.
(8) Additional requirements with respect to conditional uses in the Conservation District include the following.
(a) Development shall be permitted in such a manner that the maximum number of trees shall be preserved. Where trees are cut, at least 50% of the overstory shall remain.
(b) Development shall be permitted in such a manner that on-site soil erosion shall be at a minimum both during construction and when construction activity is completed.
(c) The quality of water run-off and water infiltration to the water table or aquifer shall remain undisturbed by the development of the site.
(d) The type and density of land use proposed shall be suited to the site and bedrock conditions shall not present a threat to the maintenance of groundwater quality, and shall not fail to correct problems due to soil limitations including bearing strength, shrink-swell potential and slope stability.
(E) Performance standards. All conditional uses shall comply with the requirements of this division (E). In order to determine whether a proposed use will conform to the requirements of this chapter, the City Commission may obtain a qualified consultant to testify, whose cost for services shall be borne by the applicant.
(1) Fire protection. Fire prevention and fire fighting equipment required by the Building Code as adopted by the City Commission shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
(2) Electrical disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
(3) Noise. Noise which is determined to be objectionable because of volume, frequency or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes which shall be exempt from this requirement.
(4) Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
(5) Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
(6) Air pollution. Air pollution shall be subject to the standards established by the State Pollution Control Agency.
(7) Glare. Lighting devices which produce directly reflected glare on adjoining properties or thoroughfares shall not be permitted.
(8) Erosion. No offensive erosion by wind or water shall be permitted onto adjacent properties.
(9) Water pollution. Water pollution shall be subject to the standards established by the State Pollution Control Agency.
(1988 Code, § 11.60)