(A) Purpose. Conditional use permits shall be required for types of uses designed as conditionally permitted in a particular zoning district. Such use may be permitted and desirable in certain districts, but not without consideration. In each ease, the effect of the use upon neighboring land will be reviewed. Enumerated throughout this code are certain uses and the districts in which they may be permitted as conditional uses provided the following standards are fulfilled and a conditional use is granted by the Board of Zoning Adjustment.
(B) Notification requirements. The Board of Zoning Adjustment shall hold a public hearing subject to the requirements of § 154.122
(C) Public Notification for Public Hearings.
(C) Review factors. The Board of Zoning Adjustment shall consider the following standards when determining whether the issuance of a conditional use permit is warranted:
(1) The conditional use is consistent with the spirit, purpose, and intent of the city's various plans and studies and will not negatively affect or harm the appropriate use of neighboring property.
(2) The proposed conditional use is to be in a district wherein such use may be permitted, subject to the requirements of this section.
(3) The use complies with all applicable use-specific provisions established in § 154.148
: Permitted Uses.
(4) The proposed use shall be adequately served by essential public facilities and services such as, but not limited to, roads, public safety forces, stormwater facilities, water, sanitary sewer, refuse pick-up, and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately for any such services.
(5) The proposed use will comply with all applicable development standards, except as specifically altered by the Board of Zoning Adjustment in the approved conditional use.
(6) The proposed use will be harmonious with the existing or intended character of the area, will not be hazardous or have a negative impact on adjacent properties, and will not be detrimental to property values or the economic welfare of the general vicinity.
(7) The proposed use will not be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor, or other characteristic that is not compatible to the uses permitted in the applicable zoning district.
(8) The proposed use will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in the district.
(D) Approval conditions.
(1) The Board may approve, modify, or deny any application for a conditional use permit. If the Board approves the permit, it may attach necessary conditions such as time limitations, requirements that one or more things be done before the request can be initiated, or conditions of a continuing nature. The Board shall also stipulate if the conditional use permit shall apply to the specific applicant only or if the permit shall run with the land regardless of ownership. Any such conditions shall be recorded in the Board's minutes and on the conditional use permit, along with a reference to applicable code sections.
(2) The Board shall have power to revoke conditional use permits for noncompliance with the condition thereof. Furthermore, the Board shall have right of action to compel offending structures or uses removed at the cost of the violator and as further described in § 154.992
: Violations.
(3) The granting of a conditional use permit does not exempt the applicant from complying with all the requirements of building, housing, and other regulations.
(4) The City Planner shall review all conditional use permits, except those for which all conditions have been permanently satisfied, at least once annually. The City Planner shall have the power to inspect the land or structure where the conditional use is located, to ascertain that the landowner is complying with all the conditions which are listed in the conditional use permit. If the landowner is not complying with all the conditions listed in the permit, the City Planner shall report the fact in writing to the Chairperson of the Board of Zoning Adjustment. The report shall state specifically the way the landowner is not complying with the conditions of the conditional use permit, and a copy of the report shall be furnished to the landowner at the same time. The Board shall hold a hearing on the report within a reasonable time and notice of the time and place of the hearing shall be furnished to the landowner at least one (1) week prior to the hearing. If the Board of Zoning Adjustment finds that the facts alleged in the report of the City Planner are true, and the landowner has taken no steps to comply with them between the date of the report and the date of the hearing, the Board of Zoning Adjustment may authorize the City Planner to revoke the conditional use permit, and take the necessary legal action to cause the termination of the activity.
(5) Once the Board of Zoning Adjustment has granted a conditional use permit, and all the conditions required are of such type that they can be completely and permanently satisfied, the City Planner, upon request of the applicant, may, if the facts warrant, decide that the conditions have been satisfied. The City Planner should keep this determination with a copy of the approved conditional use permit.
(E) Period of validity. The approval of a conditional use permit shall become null and void if building permits have not been issued for all buildings and structures or if the conditionally approved use hasn't begun within one (1) year after approval of a conditional use permit. The Board of Zoning Adjustment may extend this time if requested and justified by the owner or agent prior to expiration. If a conditional use expires, the owner or agent will be required to submit a new conditional use permit application and fee and obtain new approvals for such use.
(Ord. 22:2019, passed 6-10-19)