1163.04 CONDITIONAL ZONING CERTIFICATES.
   When a proposed use is permitted in a zoning district as a conditional use as set forth in the district regulations, a conditional zoning certificate is required and the application for such conditional zoning certificate shall be submitted and reviewed according to the following:
   (a)   Submission of Application. The owner, or agent thereof, of property for which such conditional use is proposed shall file with the Zoning Inspector an application for a conditional zoning certificate accompanied by payment of the required fee established by Council. The application for a conditional zoning certificate shall disclose all uses proposed for the development, their location, extent and characteristics and shall include, unless parts are not applicable or necessary and are waived by the Zoning Inspector for certain types of projects, a site plan and associated documentation as required in Section 1163.03(a).
   (b)   Review for Completeness. The Zoning Inspector shall review the application for completeness with the submission requirements prior to the application being placed on the agenda of the Planning Commission.
   (c)   Planning Commission Review of Conditional Uses. The application shall be transmitted to the Planning Commission, at which time the Planning Commission may then distribute the application to appropriate administrative departments for review and comment. Administrative review should be completed and any reports or comments submitted to the Planning Commission prior to the time of the Commission's review.
   (d)   Public Hearing and Notice by Planning Commission. The Planning Commission shall hold a public hearing on the application. Notice of such public hearing shall be given in one or more newspapers of general circulation in the City at least 10 days before the date of said public hearing. All notices shall set forth the time and place of the public hearing and the nature of the proposed conditional use.
   (e)   Review Criteria. The Planning Commission shall review the proposed conditional use, as presented on the submitted plans and specifications, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Zoning Ordinance. In making such a determination, the Planning Commission shall find that both the general criteria established for all conditional uses and the specific requirements established for that particular use, as set forth in Chapter 1141, shall be satisfied by the establishment and operation of the proposed use.
         In addition, the Planning Commission shall review the site plan for the proposed conditional use according to the site plan review criteria set forth in Section 1163.03(f).
         The Commission may require such additional information as deemed necessary including the carrying out of special studies and the provisions of expert advice.
   (f)   Action by Planning Commission. The Planning Commission shall take one of the following actions:
      (1)   If the proposed conditional use is found to be appropriate, the Planning Commission shall recommend that Council, by resolution, approve a conditional zoning certificate. As part of the recommendation, the Planning Commission may prescribe appropriate conditions, stipulations, safeguards and limitations on the duration of the use as it may deem necessary and in conformance with the intent and purposes of this Ordinance for the protection of nearby property and the public health, safety, and general welfare of the community.
      (2)   If the proposed use is found to be not in compliance with the specifications of this Zoning Ordinance, the Planning Commission shall recommend the denial of the conditional zoning certificate.
         With the concurrence of the applicant, the Planning Commission may take such additional time as may be necessary to further study the proposal and consider modifications thereto. These considerations may include the applicant's further preparation or modification of plans and specifications and any studies or expert advice sought by the Planning Commission to assist in their evaluation. Studies and expert advice may be provided by appropriate city officials, or by other recognized and duly certified experts. The cost of securing expert advice and studies, including the use of city officials' time in excess of that normally provided under these regulations, shall be borne by the applicant, who shall pay said costs prior to the issuance of the conditional zoning certificate.
   (g)   Council Review. Following action by the Planning Commission, the application for the conditional zoning certificate, along with the Planning Commission's recommendation, shall be submitted to Council for consideration. In its review of the conditional use application and recommendation of the Planning Commission, Council shall consider and weigh the same factors and criteria as established for Planning Commission review.
   (h)   Action by Council. Council, by majority vote, may enact a resolution granting a conditional zoning certificate recommended by the Planning Commission. A conditional zoning certificate which violates, differs from or departs in substantive form from the recommendation of the Commission shall not take effect unless approved by five members of Council. If Council fails to act within 120 days from when the application was determined complete, or an extended period of time as may be agreed upon, the applicant may assume that the application has been denied.
   (i)   Supplementary Conditions. Council may impose such additional conditions and safeguards as deemed necessary for the general welfare, for the protection of individual property rights and for ensuring that the intent and objectives of this Zoning Ordinance are observed.
   (j)   Terms and Duration of Conditional Zoning Certificate. A conditional zoning certificate shall be deemed to authorize a particular conditional use on a specific parcel for which it was approved. The conditional zoning certificate is nonassignable and shall expire one year from the date of enactment, unless substantial progress is accomplished or as otherwise specifically approved by Planning Commission and Council. The breach of any condition, safeguard or requirement shall automatically invalidate the conditional zoning certificate granted, and shall constitute a violation of the Zoning Ordinance. Such violation shall be punishable as per Section 1167.04.
   (k)   Reapplication. An application for a conditional zoning certificate which has been previously denied wholly or in part by the Planning Commission or Council shall not be resubmitted to the Planning Commission for a period of 90 days after the denial by Planning Commission or Council, whichever is later, and said reapplication shall comply with all of the requirements of this section including the payment of the required fee.
   (l)   Time Limitations for Conditional Use Permits. A conditional use permit issued for new construction shall require substantial progress to have begun on the construction within one year of the issuance of the permit, unless otherwise specifically designated by Planning Commission and City Council.
(Ord. 28-01. Passed 9-18-01; Ord. 2017-12. Passed 10-17-17.)