1137.04 CONDITIONAL ZONING CERTIFICATES.

   In order to grant conditional zoning certificates for the use of land, buildings or other structures such uses must be provided for elsewhere in the Zoning Ordinance.

   (a)    Applications for conditional zoning certificates shall be submitted in accordance with the following procedures:

      (1)    Applications shall be submitted to the Zoning Inspector on special forms with the accompanying drawings and documents required in this section, two weeks prior to the regularly scheduled Planning Commission meeting. Each application shall be accompanied by a fee established by ordinance which shall be paid into the Treasury of the Municipality and no part of which shall be refundable.

      (2)    Such applications shall be accompanied by the following information:

         A.    Six copies of plans showing:

            1.    Location and height of existing and proposed buildings and structures;

            2.    Accessory buildings and uses;

            3.    Off-street parking and loading areas including lane and other pavement markings to direct and control parking and circulation and including the location of signs related to parking and traffic control.

            4.    Adjacent streets;

            5.    Adjacent property including buildings, parking, and drives within 200 feet of the site;

            6.    Arrangement of internal and in-out traffic movement including access roads and drives;

            7.    Fences, walls, signs, lighting;

            8.    Sanitary sewers, water and other utilities;

            9.    Drainage provisions;

            10.    Sufficient elevations to show existing topography, and major vegetation features;

            11.    Proposed grading, landscaping and screening plans;

            12.    Dimensions of all buildings, setbacks, parking, drives and walkways;

            13.    Other features necessary for the evaluation of the development plan as deemed necessary by the Zoning Inspector or Planning Commission.

            All plans shall be drawn to scale and at the scale shown on the drawing.

   (b)    The Planning Commission shall review the application in terms of the following standards, and before issuing any conditional zoning certificate must find that the use or uses proposed:

      (1)    Will be in accordance with the provisions, intent and purposes of the Zoning Ordinance;

      (2)    Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the character of the general vicinity as zoned in the Zoning Ordinance;

      (3)    Will not be hazardous or disturbing to neighboring uses;

      (4)    Will be served by essential public facilities and services, such as, highways, streets, police and fire protection, drainage, structures, refuse disposal, schools, etc., or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide any such service;

      (5)    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;

       (6)    Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property, or the general welfare by reason of the creation of hazardous traffic conditions or the production of excessive noise, smoke, fumes, glare, odors, dust, gas, flame, or vibration.

    (c)    The Planning Commission may impose such additional conditions and safeguards as it may deem necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and objectives of the Zoning Ordinance will be observed.

    (d)    The Planning Commission shall hold a public hearing or hearings upon the application after notice in at least one publication in a newspaper of general circulation in the City at least ten days prior to the date of the hearing. Such notice shall indicate the place, time and subject of the hearing.

       (Ord. 30-1982. Passed 6-10-82. )

    (e)    Upon conclusion of hearing procedures relative to a particular application the Planning Commission may issue a conditional zoning certificate subject to such conditions as may be reasonably imposed thereon by the Planning Commission in order to effectuate the standards established herein. If the conditional zoning certificate is granted, the established procedures to obtain a building permit shall be followed. Any conditional use approved by the Planning Commission pursuant to Section 1171.15 must be confirmed by a majority vote of Council prior to the applicant being issued any required building or occupancy permits. Any subsequent changes to uses, or alterations to the buildings or site, must likewise be approved pursuant to Section 1171.15 and this section.

       (Ord. 50-1983. Passed 8-11-83.)

    (f)   The breach of any conditions, safeguard or requirement shall automatically invalidate the permit granted, and shall constitute a violation of the Zoning Ordinance. Such violation shall be punishable as per Section 1139.99. The Zoning Inspector shall be responsible for the enforcement of this section and shall refuse any application for additional permits based upon his determination that the conditional zoning certificate granted pursuant to this chapter has terminated. Such determination by the Zoning Inspector may be appealed to the Board of Zoning and Building Code Appeals.

    (g)    Specific regulations pertaining to conditionally permitted uses are as follows:

      (1)    Authorization for a conditional use shall be restricted to those districts wherein such use is specifically designated as conditionally permissible by the Zoning Ordinance.

       (2)    Unless otherwise provided by specific conditions imposed by the Planning Commission, no conditional zoning certificate shall be transferred or assigned without prior express determination by the Planning Commission that the transferee's developmental and operational plans conform with requirements of the original conditional zoning certificate. Failing such determination, the transferee must apply for a new certificate pursuant the full procedures prescribed herein.

       (3)    A.    The conditional zoning certificate issued pursuant this authority shall expire on the happening of any of the following events:

            1.    Failure of the developer to present to the Planning Commission all required submittals for the next required approval within six months from the date of the last approval granted by the Municipality.

            2.    No construction upon the authorized project within six months from the date of the last required approval by the Municipality.

            3.    The lapse for more than one year of active, substantial and actual building after construction has begun.

         B.    The permit shall expire on the happening of events pursuant to this section, regardless of any lack of action by the Municipality to officially revoke the permit, enforce conditions or declare expiration unless:

            1.    Prior to expiration the developer applies to the City for an extension and subsequently such extension is granted; or

            2.    The developer obtains a renewed conditional zoning certificate pursuant this chapter.

      (4)    The activities hereby conditionally authorized on the subject land shall not be expanded beyond the present scope, i.e., no expansion of the facilities or programs herein authorized shall take place on the premises unless the Planning Commission expressly determines that such expansion does not materially alter the scope, character and quantity of authorized activity.

         (Ord. 30-1982. Passed 6-10-82.)