§ 153.316  ADDITIONAL PROVISIONS PERTAINING TO PARALLEL CONDITIONAL USE ZONING AMENDMENTS.
   The procedures in this section exist to supplement the procedures set forth in § 153.315 of this chapter, to clarify special requirements for parallel conditional use rezonings and to relate the issuance of the conditional use permit to the zoning map amendment process.
   (A)   Purpose.  The conditional rezoning process allows particular uses to be established, but only in accordance with a specific development project. Some land uses are of a nature or scale that they have significant impacts on both the immediate surrounding area and/or on the entire community that cannot be predetermined and controlled by general district standards or the criteria governing planned developments. There are also circumstances in which a general district designation allowing a use by right would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate for the property and be consistent with the objectives of these regulations, the adopted land use plan, and other plans for the physical development of the city as adopted by the City Council. The review process established herein provides for the accommodation of the uses by a reclassification of property into a parallel conditional use district approval process is also established to address those situations when a particular use may be acceptable but the general zoning districts which would allow that use would not be acceptable.
   (B)   Reclassification and conditional use permit required prior to development.
      (1)   In order for a property owner to secure privileges for developing property under the parallel conditional use process, the property must first be rezoned by the City Council to a parallel conditional use district, and secondly the owner must secure a conditional use permit in accordance with §§ 153.235 through 153.244 of this chapter from the City Council. The conditional use permit that may contain fair and unreasonable conditions to assure conformance with this chapter and other plans adopted by the City Council and to obtain sufficient compatibility with surrounding properties. Any use permitted under this process must also conform to the development regulations for the corresponding general zoning district.
      (2)   Thus, if a property were rezoned to a CU-NB District and conditional use permit authorized the development of a particular use, that use must:
         (a)   Be a use allowed in the NB District; and
         (b)   Meet all dimensional, screening and related requirements of the NB District.
      (3)   Rezoning of property to a parallel conditional use district is a voluntary procedure on the part of the property owner and is intended for firm development proposals.  It is not intended or suited for securing early zoning for tentative proposals that may not be undertaken for some time. No parallel conditional use district shall be established until the owner(s) of the property(ies) in question (or his or her authorized agent) proposing the district has submitted an application for the rezoning of the property and issuance of a conditional use permit and the City Council has approved the application in accordance with the procedures stated herein.
   (C)   Plans and other information to accompany petition.  Every application for the rezoning of property to a parallel conditional use district and issuance of a conditional use permit shall be accompanied by a site plan, drawn to scale, and any necessary supporting information together which conform to all the requirements set forth in § 153.236(A) of this chapter and when requested, the additional information that may be required pursuant to § 153.236(F) of this chapter.
   (D)   Submittal to the Administrator.
      (1)   Submittal to the Administrator of an application for a parallel conditional use rezoning shall be in accordance with the schedule set forth in § 153.315(D) of this chapter. Normally, an application for a conditional use permit is submitted at the same time and is reviewed by the Administrator, Planning Board and City Council, and is approved by the City Council at the same time with review and approval of the rezoning application. However, when the application is for a conditional permit in conformance with the parallel permit in conformance with the parallel conditional use rezoning application (approved or under review), it may be submitted at a later date or may be approved by the City Council at a date following approval of the parallel conditional use rezoning.
      (2)   The application for a parallel conditional use zoning amendment can only be initiated by the property owner/owners.
   (E)   City Council decision.
      (1)   A rezoning, under the parallel conditional use rezoning process, does not confer upon the applicant any privileges for development under that zoning district unless and until a conditional use permit is approved for the property in question by the City Council.
      (2)   Prior to issuance of a conditional use permit the application shall be subject to all of the procedures, hearing and findings as set forth in § 153.237 (and § 153.238 if applicable) of this chapter.
   (F)   Effect of approval.
      (1)   If a petition for a parallel conditional district rezoning and conditional use permit are both approved under this subchapter, the district that is established, the approved conditional use permit, and all conditions which may have been attached to the approval are binding on the property as an amendment to these regulations and to the zoning map. All subsequent development and use of the property shall be in accordance with the standards for the approved conditional use district, the conditional use permit, and all conditions attached to the approval. The City Council or applicant may propose conditions: only conditions that are mutually agreed upon can be adopted by the City Council and incorporated into the permit requirements.
      (2)   If a petition is approved subject to conditions, the Administrator shall record with the Register of Deeds a notice that development of the subject property is subject to conditions and that the conditions are on file at the Administrator’s office.
      (3)   Following the approval of the petition for a parallel conditional use district, the subject property shall be identified on the zoning map by the appropriate district designation. A parallel conditional use district shall be identified by the same designation as the underlying general zoning district preceded by the letters CU (For example, “CU-NB”).
      (4)   Any conditional use permit issued in relation to a parallel conditional use rezoning shall be subject to the same requirements as any other conditional use permit as set forth in §§ 153.235 through 153.244 of this chapter.
   (G)   Alterations to approval.
      (1)   Except as provided in division (G)(2) below, changes to the approved petition or to the conditions attached to the approval shall be treated the same as amendments to these regulations or to the zoning map and shall be processed in accordance with the procedures in this subchapter.
      (2)   Minor changes in the detail of the approved application that are in accordance with § 153.239 of this chapter may be made with the approval of the Administrator.
   (H)   Change in parallel conditional use zoning.  Once a petition for rezoning to a parallel conditional use district and issuance of a conditional use permit has been approved by the City Council, any request to materially change (any change not authorized by division (G)(2) of this chapter) the parallel conditional use district or conditional use permit for a property may only be made by the property owner or his or her authorized agent only after a public hearing has been duly advertised and held in accordance with § 153.215(H) above of this chapter. Any amendment to the conditional use permit shall also be subject to the same considerations as set forth in § 153.237 (and § 153.238 if applicable) of this chapter.
   (I)   Revocation of approval of a parallel conditional use district.
      (1)   It is intended that property shall be reclassified to a parallel conditional use district and conditional use permit issued only in light of firm plans to develop the property. Therefore, after the date of approval of the conditional use permit, the Administrator shall periodically examine the progress made toward developing the property in accordance with the approved petition and any conditions attached to the approval.
      (2)   If the Administrator determines that a building permit has not been secured within one  year (unless a greater time period was listed as one of the conditions contained in the City Council’s approval) following the date of the approval of the conditional use permit, the Administrator shall notify the applicant of the finding, and within 60 days of the notification, the Planning Board shall make a recommendation to the City Council concerning the recession of the conditional use permit and rezoning of the property to a general zoning district classification.
      (3)   The Planning Board shall recommend to extend the life of the conditional use permit or have it rescinded. If the conditional use permit is rescinded, the City Council may then vote to rezone the property to a general zoning district.
      (4)   Notice of the public hearing shall be per § 153.315(H) of this chapter.
(Prior UDO, § 20.2)  Penalty, see § 153.999