(A) General provisions. In no case shall conditional uses be authorized without the approval of the Board of Zoning Appeals (BZA). Further, no decisions on previous applications shall serve to set a precedent for any other application before the BZA.
(B) Procedures.
(1) (a) Application. The applicant shall submit a conditional use application, affidavit and consent of property owner (if the owner is someone other than the applicant), a copy of the deed for the property involved, the required filing fee and required supporting information. Other supporting information shall include, but not be limited to, the following:
1. Site plan. A site plan shall be signed and dated, and clearly show the entire layout of the property and all features relevant to the conditional use request; and
2. Statement of intent. A statement of intent to the Board of Zoning Appeals describing the details of the conditional use request including, but not limited to:
A. The ways in which the conditional use shall comply with the applicable development standards of this ordinance;
B. The ways in which the conditional use shall be consistent with the required determination in writing; and
C. Any written commitments being made by the applicant.
(b) An application for a conditional use for all new light and heavy manufacturing uses shall be filed with the city Planning and Building Department by at least one owner or agent of the owner of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
1. Name, address, and phone number of the applicant;
2. Letter of authorization of owner of property if the applicant is not owner;
3. Legal description of property;
4. Description of proposed conditional use;
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 areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Unified Development 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;
8. Such other information as may be required by the Board of Zoning Appeals; and
9. A fee as established by ordinance.
(2) Notification. Notification for the scheduled public hearing regarding the conditional use request shall be completed consistent with § 9.15 and the Rules and Procedures of the Board of Zoning Appeals.
(3) Public hearing.
(a) The BZA will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the conditional use application and required supporting information.
(b) Representation, testimony, procedures and decisions shall be as stated in the BZA Rules of Procedure, as amended.
(4) Standards for granting a conditional use. The following conditions must be met in order to grant a conditional use.
(a) The proposed use is listed as a conditional use for the particular zoning district of the subject site.
(b) The establishment, maintenance or operation of the conditional use will not be determintal to or endanger the public health, safety, morals or general welfare of the community.
(c) The conditional use will not be injurious to the use and enjoyment of the other property in the immediate vicinity for lawfully-permitted purposes, nor substantially diminish or impair property values within the neighborhood and zoning district.
(d) The establishment of the conditional use will not impede or substantially alter the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.
(e) Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided.
(f) The proposed use is not in conflict with the goals of the comprehensive plan or the unified development ordinance.
(C) General standards applicable to all conditional uses. In addition to the special requirements for permitted conditional uses as specified in Chapter 9, the Board of Zoning Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that the use at the proposed location:
(1) Is in fact a permitted conditional use as listed in each use district and appears in Chapter 4, Use Matrix for the zoning involved;
(2) Will be harmonious with and in accordance with the general objectives, or with any specific objective of the city’s comprehensive plan and 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 provide adequately any such service;
(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, smoke, fumes, glare, or odors;
(8) 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, smoke, fumes, glare, or odors;
(9) Will have vehicular approaches to the property, which shall be so designed as not to create an interface with traffic on surrounding public thoroughfares; and
(10) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(Ord. 07-16, passed 12-10-2007; Ord. 2009-04, passed 4-13-2009; Ord. 2015-14, passed 11-10-2015)
Cross-reference:
Sign exemptions, see Title XV, § 7.7(C)