(a) Purpose. Planning Commission may grant conditional use permits for certain uses which are not permitted by right under the Zoning Ordinance. Conditional uses include those uses which have some special impact or uniqueness such that their effects on the public health, safety, convenience, comfort, prosperity and general welfare in the City of Huron cannot be determined in advance of the particular use being proposed for a particular location. At that time, a review of the location, design, configuration and impact is conducted by assessing the proposed use against fixed standards. The review considers the proposal in terms of existing zoning and land use in the vicinity of the use, public and private developments which may be adversely affected by the proposed use, the impacts of the proposed use at the particular location for which it is proposed on the public health, safety, convenience, comfort, prosperity and general welfare, and whether and to what extent all appropriate feasible steps have been taken by the permit applicant to minimize or mitigate any adverse impacts of the proposed use. This review determines whether the proposed use shall be permitted or permitted conditionally by the Board.
(b) Applicability. Any use which is permitted as a conditional use by this Zoning Ordinance shall comply with this section.
(c) Procedures.
(1) An application for a conditional use permit shall be filed with the Planning and Zoning Department on a form prescribed by the Planning Commission, accompanied by an application fee. The application shall contain the following information:
A. The applicant's name and address and his interest in the subject property;
B. The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application;
C. The street address and legal description of the property;
D. The zoning classification and present use of the subject property;
E. The particular provision of this Zoning Ordinance authorizing the proposed conditional use;
F. A general description of the proposed conditional use;
G. A site plan and general building plan complying with the requirements prescribed in Section 1139.01 which will become a part of the conditional use permit, if approved;
H. A statement or diagram showing compliance with any special conditions or requirements imposed upon the particular conditional use by the applicable district regulations;
I. A statement explaining how the proposed conditional use will not cause substantial injury to the value, use or enjoyment of other property in the vicinity of the proposed use;
J. A statement explaining how the proposed conditional use at the proposed location will be compatible with and not injurious to the use and enjoyment of neighboring property, and will not significantly diminish or impair property values within the vicinity; and
K. Any other material and/or information as may be required by the Planning Commission or Council to fulfill the purposes of this section of the Zoning Ordinance and to ensure that the application is in compliance generally with the ordinances of Huron.
(2) Copies of the application shall be distributed internally by the Planning and Zoning Department to other applicable departments.
(e) Conditional Use Standards. The Planning and Zoning Commission shall hold a public hearing and shall not approve a conditional use unless it finds that such use at the proposed location meets all of the following general requirements:
(1) The proposed use will be harmonious with and in accordance with the general objectives, or with any specific conditional objective or purpose of the Zoning Code and/or Community Plan.
(2) The proposed use will comply with all applicable development standards, except as specifically altered in the approved conditional use.
(3) The proposed use will be harmonious 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) The use will not be hazardous to or have a negative impact on existing or future surrounding uses.
(5) The area and proposed use(s) will be adequately served by essential public facilities and services such as highways, streets, police, and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(6) The proposed use will not be detrimental to the economic welfare of the community.
(7) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operations, including, but not limited to, hours of operation, that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor or other characteristic not comparable to the uses permitted in the base zoning district.
(8) Vehicular approaches to the property shall be so designed as not to create interference with traffic on surrounding public and/or private streets or roads.
(9) The proposed use will not be detrimental to property values in the immediate vicinity.
(10) The proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(f) Revocation of Conditional Use Permit. A conditional use permit shall become null and void if construction of the proposed use has not begun within one (1) year after approval by the Planning Commission. The Commission may revoke a conditional use permit upon finding that the use does not comply with the Zoning Ordinance nor the conditions and safeguards established for such use pursuant to Section 1139.04. Upon revocation of a conditional use permit, all buildings and uses shall conform to the standards and requirements of permitted main and accessory uses established for the zoning district.
(g) Mandatory Conditions and Safeguards. Notwithstanding the provisions of Section 1139.04(e), the following conditions and safeguards shall be satisfied prior to the granting of a conditional use permit, except as expressly provided herein below.
(1) Survey and Approval by City Engineer or Consulting City Engineer only when deemed appropriate by the Planning and Zoning Department.
(Ord. 2023-53. Passed 1-23-24.)