A Conditional Land Use is one that is specifically permitted under this Ordinance provided that the landowner meets the requirements of Ordinance and obtains a permit from the Planning Commission. Due to the significant impact that a Conditional Land Use might have, an application and administrative hearing are required in order to obtain a permit under this Chapter. All applications for Conditional Land Use Permits shall be subject to the requirements of this Chapter.
The Commission shall have the following specific powers and duties concerning conditional use approvals.
(a) Statement of Intent. The procedures and standards in this Section are intended to provide a consistent and uniform method for review of proposed plans for Conditional Land Uses.
(1) In hearing and deciding upon special approvals, the Commission shall base its actions on the theory that the development and execution of a comprehensive zoning ordinance is founded upon the division of the municipality into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are variations in the nature of special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.
(2) Proposed uses will be evaluated according to their compatibility with the nature, extent and density of the surrounding area. A conditional use permit use should be consistent with the Plan and with the intent of the zoning district in which it is located.
(3) Conditional permit uses may be permitted only in those zoning districts where they are designated by this Ordinance. They may be permitted only when specifically approved by the Commission in accordance with the provisions of this Ordinance.
(4) Prior to approval of a conditional use permit, the Commission shall insure that the procedures and standards specified in this Chapter, as well as the standards established elsewhere in this Ordinance shall be satisfied.
(b) Application. The application for Conditional Land Use review shall be made on the forms and according to the guidelines provided by the Zoning Inspector. Each application shall be accompanied by the following:
(1) The section of this Ordinance under which the Conditional Land Use is sought.
(2) A detailed site plan which shall include all the information required by this Ordinance in Chapter 1175.
(3) A description of the proposed use of the property.
(4) Other information which the Commission may reasonably deem necessary for adequate review.
(5) The application shall be submitted by the owner of an interest in land for which Conditional Land Use approval is sought, or by the owner's designated agent. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the proposal may be tabled due to lack of representation.
(6) The application for conditional land use permit must be accompanied by a fee as set by Council.
(c) Notice of Public Hearing. Upon receipt of a complete application, site plan, and attachments, if any, the Municipality shall schedule a public hearing on the request. No more than fifteen (15) days and not less than five (5) days prior to the date of the public hearing, a notice shall be published in a newspaper that circulates in the general area; and such notice shall be sent by regular "first class" mail to the owners of property for which approval is being considered, to all persons to whom real property is assessed within one hundred (100) feet contiguous of the boundary of the property in question, and to occupants of all structures within one hundred (100) feet of the property boundary. The notice shall contain:
(1) A description of the nature of the Conditional Land Use request under the specific section of this Ordinance.
(2) A legal description or address and/or an approximate sketch of the property which is the subject of the request.
(3) A statement of when and where the public hearing will be held to consider the request.
(4) A statement as to when and where comments will be received concerning the request.
(d) Planning Commission Determination. Following the public hearing, the Commission shall review the application for the Conditional Land Use proposal, together with the public hearing findings and reports and any recommendations of the Zoning Inspector, the Police and Fire Department, the Engineer, and other reviewing agencies. The Commission is authorized to deny, approve, or approve with conditions, requests for Conditional Land Use approval. Such decision shall include the standards relied upon, finding of fact, conclusions, approval or denial, and conditions, if any, attached to approval.
Performance guarantees may be required by the Commission, in accordance with Section 1177.02, to insure compliance with conditional approval conditions.
(e) Standards for Granting Conditional Use Approval. Approval of a Conditional Land Use proposal shall be based on the determination that the proposed use will comply with all requirements of this ordinance, including site plan review criteria set forth in Chapter 1175. In addition, the following standards shall be met:
(1) The location, scale, and intensity of the proposed use shall be compatible with adjacent uses and zoning of land.
(2) The proposed use shall promote the use of land in a socially and economically desirable manner. The proposed use shall not adversely impact the social and economic well-being of those who will use the proposed land use or activity; residents, businesses, and landowners immediately adjacent; or the Municipality as a whole.
(3) The proposed Conditional Land Use shall be compatible with and in accordance with the general principles and future land use configuration of the Plan and shall promote the intent and purpose of this Ordinance.
(4) The Commission shall find that a need for the proposed use exists in the community at the time the Conditional Land Use application is considered.
(5) The proposed use shall be designed, constructed, operated and maintained so as to assure long-term compatibility with surrounding land uses. Consideration shall be given to:
A. The bulk, placement, and materials of construction of the proposed use in relation to surrounding uses.
B. The location and screening of vehicular circulation and parking areas in relation to surrounding development.
C. The location and height of buildings; the location, nature and height of walls and fences; and the nature and extent of landscaping.
D. The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.
E. The hours of operation of the proposed use. Approval of a Conditional Land Use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.
(6) The location of the proposed Conditional Land Use within the zoning district shall minimize the impact of the traffic generated by the proposed use. Consideration shall be given to the following:
A. Proximity and access to major thoroughfares.
B. Estimated traffic generated by the proposed use.
C. Proximity and relation to intersections.
D. Location of and access to off-street parking.
E. Required vehicular turning movements.
F. Provision for pedestrian traffic.
(7) The proposed Conditional Land Use shall be consistent with existing and future capabilities of public services, utilities and facilities affected by the proposed use.
(8) The proposed use shall not involve any activities, processes, materials, equipment, or conditions of operation, and shall not be located or designed so as to be detrimental to public health, safety, and welfare. Site layout shall be such that operations will not be objectionable to nearby dwellings by reason of noise, fumes, glare or flashing lights.
(9) The location of the proposed Conditional Land Use shall not result in a small residential area being substantially surrounded by non-residential development, nor shall the location of the proposed Conditional Land Use result in a small non-residential area being substantially surrounded by incompatible uses.
(10) The proposed use shall be compatible with the natural environment and conserve natural resources and energy.
(f) Recording of Commission Action. Each action taken with reference to a Conditional Land Use proposal shall be duly recorded in the minutes of the Commission. The minutes shall record the findings of fact relative to each Conditional Land Use proposal, the grounds for action taken, and any conditions imposed in conjunction with approval. All records of proceedings shall be kept on file and made available to the public.
(g) Effective Duration of Conditional Use Approval. Conditional use approvals may run with the land or owner/operator and shall not be issued for specified periods, unless the use is clearly temporary or time-related in nature.
(h) Amendments to Conditional Land Uses. When an application is received to expand or change the use, traffic pattern, or other elements of a Conditional Land Use, the application shall be subject to the same procedures followed for an original special approval of land use.
However, minor changes in the location, site or character of the building and structures may be authorized by the Zoning Inspector, if required by the Engineer or if other required circumstances occur unforeseen at the time the special use permit or final development plan was approved. No changes so authorized may cause a change in the use, character, or intent of the development. Any changes which are approved must be made and recorded in accordance with the procedures established for the recording of the initial special use permit or final development plan, and as otherwise specified in this ordinance.
(i) Revocation of Conditional Land Use Approval. Approval of a Conditional Land Use proposal and site plan may be revoked by the Commission if construction is not in conformance with the approved plans, where the authorized development has essentially changed in nature, extent or character, and where construction has not commenced within one year from the date of issuance. In such a case, the Zoning Inspector shall place the Conditional Land Use on the agenda of the Commission for consideration, and give written notice to the applicant at least five (5) days prior to the meeting. The applicant shall be given the opportunity to present information to the Commission and answer questions. The Commission may revoke approval if it finds that a violation exists and has not been remedied prior to the hearing.
(Ord. 2164. Passed 3-17-14.)