(a) Submission Requirements.
(1) An application for a Conditional Use Permit shall be on a form approved by the Director and shall contain the following information:
A. The name, address, and telephone number of the applicant.
B. The address and zoning district of the subject property.
C. A narrative description of the existing use.
D. A narrative description of the proposed conditional use, including a discussion of the compatibility of the proposed use with the existing uses of adjacent properties and the impact of the proposed use on adjacent properties considering such elements as parking, traffic, noise, lighting, fumes, and the outdoor storage of goods.
E. Where applicable, a site plan of the proposed conditional use showing the locations of all buildings, parking and loading areas, streets and access ways, service areas, utilities, signs, yards, landscaping, and other information the Commission may require.
F. Whether or not the property is listed on the federal, state, or local register of historic places.
G. Any documents reasonably deemed necessary by the Director.
H. The fee as established pursuant to Section 1173.06.
(2) Upon receipt of an application for a Conditional Use Permit, the Director shall, within three (3) working days, make a preliminary review of the application to determine compliance with the requirements of paragraph (a)(1) herein. If the Director determines that the application is not complete, the Director shall immediately notify the applicant; otherwise, the Director shall forward the application to the Commission for review at its next regularly scheduled meeting.
(1) Whether the proposed use is consistent with the comprehensive plan;
(2) Whether the proposed use will be designed, constructed, operated, and maintained so as to be harmonious with existing and/or intended adjacent uses;
(3) Whether the proposed use will be served adequately by existing public utilities and services, and the impact of the proposed use on such utilities and services;
(4) Whether the proposed use will have a substantially detrimental impact on the public health, safety, and welfare;
(5) Whether the proposed use will interfere substantially with vehicular and pedestrian traffic on surrounding public rights-of-way;
(6) Whether the proposed use will result in the destruction, loss, or damage to a property listed on the federal, state, or local register of historic places; and
(7) Any other factors the Commission reasonably deems applicable.
(Ord. 91-95. Passed 10-7-1996.)
(c) Notice Procedures. Where a Conditional Use Permit is requested, notice of the public hearing held pursuant to Section 1171.03(i) shall be made in a newspaper of general circulation no less than seven (7) days before the hearing; said notice shall state the time and place of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the Ordinances.
(Ord. 124-05. Passed 2-6-2006.)
(1) In addition, notice, indicating the time, place, and subject of the hearing, shall be sent by regular mail to the owners of:
A. All properties abutting the subject property;
(Ord. 91-95. Passed 10-7-
19
96.)
B. All properties abutting such properties described in subsection (c)(1)A. hereof, excepting properties located across the right-of-way from or behind said abutting properties.
(Ord. 24-98. Passed 5-18-
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98.)
C. Any other property the Director deems affected by the proposed variance.
(2) Where a lot described in subsection (c)(1) hereof contains a condominium of more than ten (10) units, notice shall be sent to the president of the condominium association and the management company responsible for the building; the management company shall receive sufficient copies of the notice to post two (2) on every floor of the building at locations determined by the company.
(d) A Conditional Use Permit shall be deemed to authorize only one (1) particular conditional use and said permit shall automatically expire if such conditionally permitted use has not been instituted or utilized within one (1) year of the date on which the permit was issued or if for any reason such use shall be discontinued for more than one (1) year.
(Ord. 91-95. Passed 10-7-96; Ord. 61-04. Passed 7-6-2004.)