Approval of a Conditional Use Permit shall conform to the procedures and requirements of this Section, inclusive of this Ordinance, unless modified in accordance with the requirements of Chapter 1147.
A. General
It is recognized that an increasing number of new kinds of uses are appearing daily and that many of these and some other more conventional uses, possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities, that each specific use must be considered individually. These specific uses as they are conditionally permitted under the provisions of Chapter 1143, inclusive, shall follow the procedures and requirements set forth in Section 1179.04, inclusive.
B. Contents of Application for Conditional Use Permit
An application for Conditional Use Permit shall be filed with the Director of Zoning or his/her authorized representative by at least one (1) owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
1. Name, address, e-mail and telephone number of property owner.
2. Legal description and street address of property.
3. Description of existing use.
4. Zoning district.
5. Description of proposed conditional use.
6. A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Planning Commission may require to determine if the proposed conditional use meets the intent and requirements of this Ordinance.
7. A narrative statement evaluating the effects on adjoining property, the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan.
C. General Standards Applicable to All Conditional Uses
In addition to the specific requirements for conditionally permitted uses as specified in this Ordinance, the Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use is at the proper location:
2. Will be harmonious and in accordance with the general objectives, or with any specific objective of the City’s Comprehensive Plan and/or the Zoning Ordinance.
3. 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 that such use will not change the essential character of the same area.
4. Will not be hazardous or disturbing to existing or future neighboring uses.
5. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services.
6. 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.
7. Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, vibration, smoke, fumes, glare, or odors.
8. Will have vehicular approaches to the property which shall be designed so as not to create an interference with traffic on surrounding public thoroughfares.
9. Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
10. In making its determination the Planning Commission shall apply the following standards to conditional uses in the various districts:
a) Business Districts, Excluding the DRD District
1) The location, size, and intensity of the use and all potential traffic impacts, vehicular or pedestrian, so as to avoid the creation of undesirable and hazardous conditions.
2) The layout and character of the use in relation to existing physical and economic conditions so as to foster overall harmonious relationships between characteristic groups of businesses in a district.
b) Industrial Districts
1) The location, size, and layout of the use, with a special view to traffic routes of trucks and employees so as to avoid conflicts with other industries in the district, or interferences with existing vehicular or pedestrian traffic patterns.
2) The performance characteristics with respect to noise, odor, smoke, dust, chemical discharge into the air, waste disposal, or any other environmental impacts, so as to avoid nuisance impacts.
3) The observation of natural resource conservation or environmental sensitive land reclamation where applicable.
c) Performance Requirements The Planning Commission shall have the power to authorize issuance of a Conditional Use Permit that is subject to Performance Requirements as set forth in Chapter 1147 of this Ordinance.
D. Specific Criteria for Conditional Uses
In granting any conditional use, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Ordinance and punishable under Section 1175.16 and/or 1175.99.
E. Public Hearing by the Planning Commission
The Planning Commission shall hold a public hearing within thirty-five (35) days after the receipt of an application for a conditional use from the Director of Zoning or his/her authorized representative or an applicant.
1. Notice of Public Hearing in Newspaper
Prior to holding the public hearing required in Section 1179.04E., notice of such hearing shall be given on the City’s social media and web site ten (10) days prior to the date of said hearing or in one (1) or more newspapers of general circulation of the City at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing and the specific item to be considered.
2. Notice to Parties of Interest
Prior to holding the public hearing required in Section 1179.04E., written notice of such hearing shall be mailed by the Secretary of the Planning Commission by first class mail at least ten (10) days before the day of the hearing to all owners of property within, contiguous to, and directly across the street from the subject property. The mailing list shall be supplied to the Secretary by the property owners requesting the conditional use. The notice shall contain the same information as required of notice published in the City’s social media and web site or newspapers, as specified in Section 1179.04E.1.
F. Action by the Planning Commission
1. Within thirty-five (35) days after the public hearing required in Section 1179.04E., the Planning Commission shall approve, approve with supplementary conditions, as specified in Section 1179.04I., or disapprove the application as presented. All such decisions shall be supported by written findings of fact and conclusions of law.
2. If the application is approved or approved with modification, the Planning Commission shall direct the Director of Zoning or his/her authorized representative to issue a Conditional Use Permit listing the specific conditions specified by the Planning Commission for approval. If the application is disapproved by the Planning Commission, the applicant may seek relief through the Board of Zoning Appeals.
3. If a use has been denied by the Planning Commission, the Commission will not reconsider the same use if resubmitted within six months after the date of decision, unless the underlying conditions have substantially changed.
G. Expiration of Conditional Use Permit
A conditional use permit shall be deemed to authorize only one (1) particular conditional use. Such permit shall automatically expire if, for any reason, the conditional use has not been implemented within six (6) months of issuance of the permit or if such use ceases for more than one (1) year.
H. Revocation of a Conditional Use Permit
Violation of the conditional use as approved shall be grounds for revocation of the conditional use permit. For proof that the conditional use does not comply with Section 1179.04, written complaints filed with the Planning Commission of more than fifty percent (50%) of the property owners or authorized tenants within a three hundred foot (300') radius shall be required. For other violations, the Director of Zoning or his/her authorized representative shall be required to furnish appropriate proof of non-compliance. The Planning Commission may revoke a conditional use permit but only after a public hearing is conducted according to procedures outlined in Sections 1179.04E.
I. Supplementary Conditions and Safeguards
In granting any conditional use, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Ordinance and punishable under Section 1175.16 and/or 1175.99 of this Ordinance.
J. Conditions of Conditional Use Permit Holder
A conditional use, once granted, runs with that occupancy only. The use remains in effect so long as that operator controls such ownership of the use. The permit holder is to comply with the Conditional Use Permit and any listed specific conditions specified by the Planning Commission for approval. Continuation of a permitted use other than the permit holder must be approved by the Planning Commission.
(Ord. 6-22. Passed 5-17-22.)