(A) Conditional uses are allowed for certain uses in some districts, as identified in Article II District Regulations. Uses not listed in this chapter as eligible for a conditional use permit shall not, in any circumstances, be granted a conditional use permit. Any conditional use approved by the Planning Commission must conform to the minimum requirements of the zoning district in which the use is located and to minimum conditional use standards. Additionally, the Planning Commission can add other requirements that are appropriate. In all cases, the impact of the proposed use on adjacent properties will be a major consideration.
(B) The Board of Adjustment shall adhere to the following procedure in considering a conditional use permit. A conditional use permit is intended by this chapter to be granted by the Board of Adjustment, provided:
(1) A written application for a conditional use permit is submitted, indicating the section of this chapter under which the conditional use permit is sought and stating the grounds on which it is requested;
(2) Property owners adjacent to the proposed site shall be notified of the conditional use permit request by mail, at the cost of the applicant;
(3) Notice of hearing shall be published once, not less than ten days prior to the Board of Adjustment public hearing, in a paper of general circulation in the area affected;
(4) The public hearing shall be held. Any party may appear in person, or by agent or attorney;
(5) The Board of Adjustment shall make a finding that it is empowered under the section of this chapter described in the application to grant the conditional use permit, and that the granting of the conditional use permit will not adversely affect the public interest; and
(6) The granting of any conditional use permit, by the Board of Adjustment shall be based upon written findings certifying compliance with the specific rules governing individual conditional use permits and that satisfactory provision and arrangements have been made concerning the following, where applicable:
(a) Access:
1. The roads providing access to the property shall be determined to be adequate to meet the transportation demands of the proposed conditional use. The Board of Adjustment may require the applicant to enter into a written contract with the applicable road authority regarding the upgrading and continued maintenance of any roads used for conditional use requested prior to issuance of a conditional use permit; and
2. Reasonable provisions have been made for safe vehicular and pedestrian entrance and exit of the property for daily and emergency traffic.
(b) Parking and internal traffic:
1. The parking areas and driveways will be covered in materials appropriate for the internal traffic generated by the use; and
2. The number of parking spaces is appropriate for the proposed use of the property.
(c) Utilities and refuse:
1. The manner by which electricity, water, sewer, natural gas, and other utilities will be provided has been described; and
2. Consideration has been given to the location of refuse and service areas and manner for disposing of trash, junk, or other debris.
(d) Screening, buffering, and open space: The type, dimensions, and character of any fences, walls, hedges, or other materials used for screening, and/or open space is appropriate for the proposed use in reference the specific property;
(e) Lighting:
1. Lights associated with the use will not create a nuisance nor distract traffic; and
2. Brightness, intensity, and glare of lights will be similar to lighting which would be customarily used for permitted uses in the applicable zoning district.
(f) General compatibility with adjacent properties and other properties in the district:
1. Any use listed as a conditional use is generally compatible in the district it is listed in; and
2. General compatibility is used when prescribing conditions for approval of a permit.
(C) In granting any conditional use permit, the Board of Adjustment may prescribe conditions and safeguards in conformity with this regulation. Violation of such conditions and safeguards may result in revocation of the permit. Violation of such conditions, when made a part of the terms under which the conditional use permit is granted, shall further be deemed a violation of this regulation and punishable under the terms of the Zoning Ordinance.
(D) (1) The concurring vote of a majority of the present and voting members of the Board of Adjustment is required to pass any application for a conditional use permit.
(2) If no work has commenced, unless otherwise specified by the Board of Adjustment, a conditional use permit shall expire two years from the date upon which the conditional use permit becomes effective or two years following completion of any final appeal of the decision of the Board of Adjustment to issue the permit.
(Ord. 842, passed 3-14-2022; Ord. 848, passed 7-7-2023) Penalty, see § 154.999