(a) Nature of Conditional Uses; Intent. Specifically listed conditional uses are provided within the zoning district regulations in recognition of the fact that such uses, although often desirable, will more intensely affect the surrounding area in which they are located than the permitted uses of such zoning districts. The intent of this section is to set forth the development standards and criteria for locating and developing a conditional use in accordance with the nature of the surrounding area and the conditions of development and with regard to appropriate plans.
(b) Written Applications. Two copies of a written application shall be filed with the Planning and Zoning Commission.
(1) Description of Property and Intended Use. The application shall include the following statements:
A. A legal description of the property;
B. The proposed use of the property;
C. A statement of the necessity or desirability of the proposed use to the neighborhood or community;
D. A statement of the relationship of the proposed use to adjacent property and land use; and
E. Such other information regarding the property, proposed use or surrounding area as may be pertinent to the application or required for appropriate action by the Planning and Zoning Commission.
(2) Plot Plan. The application shall be accompanied by three copies of a plot plan, drawn to an appropriate scale, clearly showing the following:
A. The boundaries and dimensions of the lot;
B. The size and location of existing and proposed structures;
C. The proposed use of all parts of the lot and structures, including accessways, walks, off-street parking and loading spaces and landscaping;
D. The relationship of the proposed development to the development standards; and
E. The use of the land and the location of structures on adjacent property.
(c) Review by the Planning and Zoning Commission. The application and plot plans shall be forwarded to the Planning and Zoning Commission. The Planning and Zoning Commission shall review the application and submit a written report to the Council and shall recommend approval, modification or disapproval of the conditional use and the reasons therefor.
(d) Actions of Council. Council shall hold a public hearing and act on a conditional use in one of the following ways:
(1) Approval. Council shall approve an application for a conditional use if the following three conditions are met:
A. The proposed use is a conditional use of the zoning district and the applicable development standards established in this Zoning Code are met;
B. The proposed development is in accord with appropriate plans for the area; and
C. The proposed development will be in keeping with the existing land use character and physical development potential of the area.
(2) Approval with Modification.
A. Council may approve with modification an application for a conditional use. If the proposed use is a conditional use of the zoning district and the applicable development standards are met, plot plan modification is required:
1. To be in accord with appropriate plans for the area; and
2. To prevent undesirable effects on adjacent property and the surrounding area.
B. Such modification may be a limitation on the extent or intensity of development, a requirement for additional screening by fence or landscaping, a change in the method or plan for lighting, or a control of access or other conditions of development as may be required. Recommendations regarding the modification of plans or other appropriate actions shall be stated with the reasons for such recommendations.
(3) Disapproval. Council shall only disapprove of an application for a conditional use for any one of the following reasons:
A. The proposed use is not a conditional use of the zoning district, or the applicable development standards are not and cannot be met;
B. The proposed development is not in accord with appropriate plans of the area; or
C. The proposed development will have undesirable effects on the surrounding area and is not in keeping with the existing land use character and physical development potential of the area.
(4) Conditional Use Approval. Upon a favorable finding, Council shall approve a conditional use application within 30 days following the public hearing.
(5) Certificate of Zoning Compliance. A certificate of zoning compliance may be issued for an approved conditional use within a period of one year from the date of final approval by Council.
(6) Building Permit. A building permit may be obtained for the development only in accordance with the approved plot plan.
(Ord. 5-89, passed 5-8-1989)