(a) Nature of Conditional Use. Specifically listed conditional uses are provided within zoning district regulations in recognition that such uses, although often desirable, will more intensely affect the surrounding area in which they are located than the permitted uses of such zoning districts.
The intent of this section is to set forth the development standards and criteria to be used by the Planning Commission for locating and developing a conditional use in accordance with the nature of the surrounding area, conditions of development, and with regard to appropriate plans.
(b) Written Applications. Eight copies of a provided application form shall be filed with the Director of Building and Zoning not less than fifteen days prior to the date of the next Planning Commission meeting, at which the Planning Commission will hear such application.
(1) Description of property and intended use. The application shall include the following statements:
A. A legal description of the property.
B. The proposed use of the property.
C. A statement of the necessity or desirability of the proposed use to the neighborhood or community.
D. A statement of the relationship of the proposed use to adjacent property and land use.
E. Such other information regarding the property, proposed use or surrounding area as may be pertinent to the application or required for appropriate action by the Planning Commission.
(2) Submittal requirements.
A. A survey showing boundary information, existing and proposed development, existing and proposed easements, rights-of-way, and utilities, including storm water drainage.
B. The Site Plan shall indicate buildings, service areas, parking, signage, fencing, landscaping, and all required setbacks.
C. All parking and loading areas shall be shown, including typical dimensions of parking stalls, aisles, and loading spaces.
D. All major circulation routes, including arterials, adjacent curb cuts, collector and local streets, driveway and curb cuts, and including major aisle ways and service routes shall be indicated. Major pedestrian circulation routes shall also be indicated, including dimensions of path and pedestrian crossings, etc., plus any attempts at separating vehicular and pedestrian/recreation movement.
E. The method for handling of all waste and refuse materials shall be indicated.
F. Proposed landscaping shall be shown.
G. All signage and graphics may be required to be shown, in accordance with Chapter 1167, Signs.
H. All exterior lighting shall be shown, including parking lot, pedestrian, and building accent lighting. Lighting intensity and installation height shall be indicated.
I. Exterior building design and surface treatments shall be indicated, including building material and color. Color and material samples may also be requested.
(c) Actions of the Planning Commission. The Planning Commission shall hold a public hearing and act on a conditional use in one of the following ways:
(1) Approval. The Planning Commission shall approve an application for conditional use if the following three conditions are met:
A. The proposed use is a conditional use of the zoning district, and the applicable development standards established in the Zoning Ordinance are met.
B. The proposed development is in accordance with appropriate plans for the area.
C. The proposed development will be in keeping with the existing land use character and physical development potential of the area.
(2) Approval with modification. The Planning Commission may approve with modification an application for a conditional use, if the proposed use is a conditional use of the zoning district and the applicable development standards are met, but plot plan modification is required to be in accordance with appropriate plans for the area and to prevent undesirable effects on adjacent property and the surrounding area. Such modification may be a limitation on the extent or intensity of development, a requirement for additional screening by fence or landscaping, a change in the method or plan for lighting, control of access or other conditions of development as may be required. Recommendations regarding the modification of plans or other appropriate actions shall be stated with the reasons for each recommendation.
(3) Disapproval. The Planning Commission shall only disapprove an application for a conditional use for any one of the following reasons:
A. The proposed use is not a conditional use of the zoning district, or the applicable development standards are not and cannot be met.
B. The proposed development is not in accord with appropriate plans of the area.
C. The proposed development will have undesirable effects on the surrounding area and is not in keeping with the existing land use character and physical development potential of the area.
(4) Conditional use approval. Upon a favorable finding, the Planning Commission shall approve a conditional use application within thirty days following the public hearing.
(d) Issuance of a conditional use permit. A conditional use permit shall become effective upon approval of the Planning Commission. Such conditional use permit shall authorize only one particular use and such permit shall automatically expire if, for any reason, the conditional use shall not begin within two years after the permit is issued or if such use shall cease for more than six months after the permit is issued. A conditional use permit shall be personal to the applicant and shall not run with the land, and shall expire upon a transfer of ownership or change of tenants.
(e) Building permit. A building permit may be obtained only for the development in accordance with the approved plot plan.
(Ord. 98-13. Passed 9-8-98.)