Conditional Use Permits shall be required for certain types of main uses as defined in Chapter 1113 and other sections of this Ordinance, generally publicly operated or a facility which effects the public interest. Such use may be permitted and desirable in certain districts but not without consideration in each case of the effect of the use upon neighboring land and the public need for a particular use at the particular location. The application of the planning standards for determining the location and extent of such use in a planning function and not in the nature of a variance or appeal.
Enumerated throughout this Ordinance are certain uses and the districts in which conditional uses may be permitted providing the following standards are fulfilled and a Conditional Use Permit is granted by the Planning Commission.
(a) Application for such permits received from the proponent shall be submitted by the Zoning Inspector to the Planning Commission. The Planning Commission shall hold a hearing thereto, notice of which may be published in a newspaper of general circulation, or mailed to the owners of the property contiguous to and across the street from the parcel for which a Conditional Use Permit is requested, at least fifteen (15) days prior to the hearing. The Planning Commission shall take action upon such application within thirty (30) days after the date of receiving said application. Failure to act within such period shall be deemed approval.
(b) Standards for Evaluating Conditional Use Permits: An application for a Conditional Use Permit shall not be approved unless the following conditions and standards are complied with as set forth for the following districts:
(1) Residential Districts
A. That the proposed use is properly located in relation to any adopted Land Use or Area Plan, particularly to the secondary and local streets and pedestrian circulation;
B. That when located on a local street, the traffic volume is minimal through residential neighborhoods;
C. That the proposed use is necessary to serve the surrounding residential areas which cannot be served satisfactorily if the same use is located in a nearby less restrictive district where it may be permitted by right;
D. That the location, design and operation of such use will not discourage the appropriate development or impair the value of the surrounding residential district; and
E. That for temporary structures, every Conditional Use Permit shall be reviewed every six (6) months and may be renewed only while the construction operations are pursued diligently.
(2) Business Industrial Districts
A. That the proposed use be necessary to serve the community needs and that existing similar facilities located in a less restrictive, or more remote district in which the use may be permitted by right, are inadequate;
B. That the proposed use be not closer that appropriate in the particular situation to schools, churches, and other places of assembly;
C. That the location, extent and intensity of the proposed use, shall be such that its operation will not be objectionable to nearby dwellings by reason of noise, smoke, dust, odors, fumes, vibrations or glare than is normally permitted by the performance standards of the district;
D. That the proposed use may be permitted in a more restrictive district than in which it is permitted by right only because of its limited extent, modern equipment and processes; and
E. That the hours of operation and concentration of vehicles in connection with the proposed use will not be more hazardous or dangerous than the normal traffic of the district.
(c) Safeguards and Conditions: In addition to complying with the general standards set forth in this subsection, conditions appropriate to each particular application may also be set forth in the permit.
(d) The Approval of a Conditional Use Permit shall become null and void if the construction of the building or site improvements are not started within a six (6) month period after the date of approval.
(e) Determination of Similar Uses: All applications for permits for a building or use not specifically listed in any of the permitted buildings or use classifications in any of the districts shall be submitted to the Planning Commission, and, after approval by it, approved by Council in compliance with the following standards:
(1) That such use is not listed in any other classification or permitted building or uses;
(2) That such a use is more appropriate and conforms to the basic characteristics of the classification to which it is to be added that to any other classification;
(3) That such use does not create dangers to health and safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added; and
(4) That such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.
(Ord. 517. Passed 8-17-99.)