(a) Conditional use permits allowable pursuant to the provisions of Chapter 1155 Schedule of District Regulations, shall issue only in compliance with the provisions of this chapter and any applicable supplemental regulations.
(b) In addition to those uses specified in Chapter 1155 Schedule of District Regulations, conditional use permits shall also be required for the following when located in any zoning district.
(1) Airports, heliports and helistops.
(2) Sand and gravel operations or the removal from or deposit on land of soil or other substances in excess of 2,000 cubic yards per acre in volume or 25,000 cubic yards total. (Ref. 114.15 Grading Permits)
(3) Electric substations.
(4) Telephone exchanges.
(5) Water towers.
(6) Pumping stations.
(7) Installations for commercial transmission of radio or television or the placement of wireless telecommunication towers.
(8) Gas regulation stations.
(9) Oil and gas wells provided, however, that in Single Family, Multi-Family, Village Green and Mobile Home Districts said wells shall be used only for on-site residential use and shall not exceed 1,000 feet in depth.
(10) Power lines in excess of 13,200 kv.
(11) Temporary events unless in compliance with Section 1165.03, Temporary Events.
(12) Railroad tracks and facilities.
(13) Wastewater treatment facilities.
(c) Conditional use permits (CUPs) are licenses. They may only be issued in accordance with the provisions of the Zoning Code. They are both subject to and revocable pursuant to the provisions of the Zoning Code and such conditions imposed thereon at the time of issuance, modification, transfer and/or renewal, as applicable. They may not be transferred in any manner, in whole or in part, whether by assignment, sale, merger, consolidation, operation of law, or otherwise except upon prior approval as set forth in this subsection.
Conditional use permits shall be issued jointly to all individuals and/or entities therein named and their respective interests are not severable, however, any individual or entity may be substituted upon application and approval of the transfer to another individual or entity by the Planning Commission or Administrator, if permitted by subsection (d) hereof.
(d) (1) The Administrator may approve a CUP transfer which substitutes one legal entity for another when the transfer is to an entity in good standing in this state and provided that:
A. The transfer is to an affiliate of the entity to which the CUP was issued; and
B. There exists no record of violation(s) of the terms and conditions of the CUP.
(2) As used herein "affiliate" means:
A. Between corporations whose stock is listed or traded on a recognized security exchange;
B. For other corporations, the transfer is to a corporation whose stock is at least fifty-one percent (51%) owned by the corporation to which the CUP was issued; or
C. For all other legal entities, the individual(s) owning the majority controlling interest(s) in the entity to which the CUP was issued also own the majority controlling interest(s) in the entity to which the CUP transfer is sought. The Administrator may request such documents as are necessary to confirm the requirements of this section and the applicant shall timely provide same.
(3) No administrative transfer of a CUP shall occur until a duly authorized officer of the entity to which the CUP is to be transferred signs on behalf of the entity its consent to all of the CUP's existing terms and conditions. The Administrator may request a corporate resolution or other such like instrument(s) to confirm this authority and the applicant shall timely provide same.
(4) Any administrative transfer of a CUP shall be reported by the Administrator to the Planning Commission at its next regularly scheduled meeting.
(5) Any administrative transfer of a CUP contrary to any provision of this subsection (d) hereof shall be null and void.
(e) (1) Conditional use permits may be revoked by the Administrator at any time where good cause exists that any land, structure, or parts thereof is being used in violation of the terms of the CUP or otherwise contrary to law.
(2) The notice of revocation shall state in general terms the reasons for the revocation, cite the CUP term or other applicable law which has been violated, and state in general terms the facts upon which the decision was made but it need not specify each and every fact or circumstance upon which the decision was based.
(3) Notice of revocation shall be served by either certified mail to the business address, return receipt requested, or by hand-delivery to the place of business to which the CUP was issued and there leaving it with any officer, agent, or employee who may be present. Notice perfected on any of the parties to which the CUP was issued shall be effective notice as to all parties.
(f) A party may appeal a CUP revocation by filing a notice of appeal with the Board of Building and Zoning Appeals within ten (10) days of receipt of the notice of revocation. The appeal shall be heard and subject to the provisions of Chapter 1131, Board of Building and Zoning Appeals.
(Ord. 12-O-90. Passed 10-16-12.)
(Ord. 12-O-90. Passed 10-16-12.)