(1) Purpose. The characteristics and impacts of an ever-increasing number of new and unique uses, together with the broadening of numerous conventional uses, have fostered the development of more flexible regulations designed to accommodate these activities in a reasonable and equitable manner, while safeguarding both the property rights of all individuals and the health, safety and general welfare of the community. Toward these ends, it is recognized that this Code should provide for more detailed evaluation of each use conditionally permissible in a specific district with respect to such considerations as location, design, size, methods of operation, intensity of use, public facilities requirements and traffic generation. Accordingly, conditional use permits shall conform to the procedures and requirements of this section.
(2) Initiation. Pursuant to § 157.047(1), any person having authority to file applications may initiate an application for a conditional use permit.
(3) Procedure.
(A) Step 1 - application. An application for a conditional use shall comply with the provisions of § 157.047.
(B) Step 2 - Planning Department review and staff report. The Planning Department shall review the application for a conditional use permit and make a recommendation to the PZC to approve, approve with conditions or deny the conditional use. The Planning Department may also recommend the continuance of the matter to allow for further review.
(C) Step 3 - PZC review and decision on a conditional use.
1.) The PZC shall hold a public hearing within 45 days of the filing of the application for a conditional use permit.
2.) Within 60 days of the public hearing, the PZC shall either approve, approve with conditions, deny or table the request for a conditional use permit.
3.) If the conditional use permit is denied, the PZC shall make a finding, in writing, justifying the denial of the conditional use permit and provide a copy of the findings to the applicant.
4.) In granting approval, the PZC may prescribe appropriate conditions and safeguards in conformance with the intent and purposes of this Code for the protection of nearby property and the public health, safety and general welfare. The PZC shall authorize the Planning Department to issue the conditional use permit with notation of conditions thereon or attached thereto.
(4) Approval criteria. In order to approve a conditional use, the PZC shall use the following review criteria:
(A) The use is in fact a conditional use as allowed in the applicable zoning district;
(B) A conditional use, except as specifically otherwise provided in this chapter or in the applicable zoning district regulations, shall conform to such district regulations and to other substantive requirements of this Code, and shall also satisfy the conditions, standards and requirements of this chapter;
(C) The use will be harmonious with, and in accordance with, the purpose of this Code and the goals of the land use plan;
(D) The use will conform to the general character of the neighborhood in which it will be located;
(F) If the use is permitted, the public health, safety and general welfare of the neighborhood in which it will be located, will be secure;
(G) The use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and will not change the essential character of the same area;
(H) The use will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools, or the persons or agencies responsible for the establishment of the proposed use will be able to provide adequately any such service;
(I) The use will not create excessive additional requirements, at public cost, for public facilities and services, and will not be detrimental to the economic welfare of the community;
(J) The use will not be detrimental to property in the immediate vicinity or to the community as a whole;
(K) The use will have vehicular approaches to the property designed so as not to create an interference with traffic on surrounding public thoroughfares; and
(L) The use will not result in the destruction, loss or damage of a natural or scenic feature of importance or a locally or nationally designated historic landmark.
(5) Effect of a conditional use permit.
(A) Approvals granted under a conditional use permit shall run with the land and shall not be affected by a change in ownership.
(B) The breach by the applicant of any condition, safeguard, or requirement expressed or referred to on the conditional use permit shall render the permit void and shall constitute a violation of this Code.
(6) Subsequent development. Development authorized by a conditional use permit shall not be carried out until the applicant has secured all other approvals required by this Code or any other applicable provisions of the city. The approval of a conditional use permit shall not ensure that the development approved as a conditional use shall receive subsequent approval for other applications for development approval, unless the relevant and applicable portions of this Code or other applicable provisions are met.
(7) Time limit.
(A) A conditional use permit shall be valid for a period of 90 days from the date of approval. The conditional use permit shall become invalid after the 90-day time limit, unless the applicant receives approval of a zoning permit or is granted an extension within such time period.
(B) Upon written request, one extension of 30 days may be granted by the Planning Director if the applicant can show good cause.
(8) Amendment. A conditional use permit may be amended, extended or modified only in accordance with the procedures and standards established for its original approval. A request for a change in the conditions of approval of a conditional use permit shall be considered an amendment and subject to the full review procedure set forth in this section.
(Prior Code, § 1224.08) (Ord. 2009-21, passed 10-27-2009)