The Planning and Zoning Commission may authorize, upon application, conditional uses as delineated in this section. Such conditional use requests shall conform to the procedures and requirements of this section.
A. Application for Conditional Use Permit
An application for conditional use permit shall be filed with the Building Commissioner by at least one owner of record or the owner's agent of property for which such conditional use is proposed. The application shall be signed by the owner of record or applicant attesting to the accuracy of all information supplied by the application. The application form shall be supplied by the Building Commissioner, and at a minimum, the application shall contain the following information, provided however that the Planning and Zoning Commission may waive certain submission requirements where it is determined that it is not applicable:
1. Name, address and telephone number of the owner of record and applicant;
2. A boundary survey of the said property;
3. Description of existing use;
4. Present zoning district;
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, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and other such information as the Building Commissioner may require to determine if the proposed conditional use meets the intent and requirements of this Code;
7. A statement and supporting documentation describing how the applicant believes the request conforms to the standards for conditional uses listed in Subsection B below; and
8. An application filing fee as may be established by ordinance.
B. General Standards for Conditional Uses
1. In addition to specific requirements for conditionally permitted uses that may be specified in the district use regulations, the Planning and Zoning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards:
a. The use will not discourage the development or impair the value of the surrounding and adjacent land and use district(s);
b. The concentration and volume of vehicles in connection with the use will not be more dangerous or hazardous than the usual traffic of the use district;
c. The proposed use must not produce a negative impact upon the abutting or surrounding properties and zoning uses given the characteristics, size, location, intensity and nature of the proposed use and any structure;
d. The location, extent, arrangement and intensity of the proposed use shall be such that its operation will not be objectionable to adjacent and surrounding uses by reason of noise, smoke, dust, odors, fumes, vibrations or glare;
e. The use, arrangement of and location of uses and structures must be compatible with surrounding uses and zones or must be capable of being made compatible through the imposition of conditions;
f. The use and structures must not be detrimental to the health, safety and welfare of the locality involved;
g. The use and structures must conform to the purpose, intent and objectives of this zoning code.
h. The proposed use is properly located in relation to any adopted master plan, general plan, land use plan, thoroughfare plan, or street plan, particularly in its relation to existing collection and local street systems and pedestrian circulation;
2. Factors to be considered in evaluating the standards set forth in Subsection B1 may include, but are not limited to, the following:
a. Land use;
b. Height;
c. Setbacks;
d. Business or other activities;
e. Open space;
f. Density;
g. Location of structures and uses on the site;
h. Screening;
i. Signs/advertisements;
j. Paving;
k. Entrances;
l. Hours of operation;
m. Lighting;
n. Landscaping;
o. Fencing/walling;
p. Mechanical systems/HVAC;
q. Dumpster locations;
r. Parking; and
s. Noise generation.
3. The Planning and Zoning Commission shall have the authority to modify the requirements of a conditional use on a case by case basis.
C. Supplementary Conditions and Safeguards
In granting any conditional use the Planning and Zoning Commission may prescribe appropriate conditions and safeguards in conformity with this Code. Violations of such conditions and safeguards when made a part of the terms under which the conditional use is granted shall be deemed a violation of this Code.
D. Public Hearing by the Planning and Zoning Commission
The Planning and Zoning Commission shall schedule and conduct a public hearing within sixty (60) calendar days after the acceptance of the application.
E. Notice of Public Hearing in Newspaper
A Notice of Public Hearing for a Conditional Use Permit shall be made according to Section 1262.03(D)(5).
F. Action by the Planning and Zoning Commission
Within sixty (60) calendar days after the public hearing required in subsection D., the Planning and Zoning Commission shall either approve, approve with supplementary conditions as specified in subsection C., or disapprove the application as presented. If the application is approved or approved with modifications, the Planning and Zoning Commission shall direct the Building Commissioner to issue a conditional zoning permit listing the specific conditions specified by the Planning and Zoning Commission for approval.
G. Appeals
1. Appeals from the Planning and Zoning Commission for conditional uses shall be made to the City Council pursuant to Section 1262.03(F).
H. Expiration of Conditional Use Permit
A conditional use permit shall be deemed to authorize only one particular conditional use and such conditional permit shall automatically expire if, for any reason, the conditional use has ceased by discontinuance or abandonment for a period of more that six (6) months. A conditional use shall also expire upon the sale of the property or the transfer of title of the property for which the conditional use permit was issued.
(Ord. 2000-128. Passed 12-6-00; Ord. 2008-131. Passed 1-21-09.)