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(A) General. Any granted conditional use permit shall become null and void within one year of the date of approval if not exercised. A conditional use permit shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished. If the permit is abandoned or discontinued for a period of one year, it may not be reestablished unless authorized by the Zoning Board of Appeals.
(B) Revocation. A conditional use permit may be revoked if the applicant fails to comply with the imposed conditions by the Zoning Board of Appeals.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
An amendment to an approved conditional use permit shall be submitted to the Code Official accompanied by supporting information, and the Code Official shall in turn forward the amendment to the Zoning Board of Appeals. The Zoning Board of Appeals shall hold a public hearing in accordance with the requirements established by § 152.202 of this chapter and shall review the amendment and shall be permitted to grant, deny or amend such amendment and impose conditions deemed necessary.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
(A) A request for a conditional use shall be permitted to be approved, approved with conditions or denied.
(B) Each request for a conditional use approval shall be consistent with the criteria listed below:
(1) The request is consistent with all applicable provisions of the comprehensive plan;
(2) The request shall not adversely affect adjacent properties;
(3) The request is compatible with the existing or allowable uses of adjacent properties;
(4) The request can demonstrate adequate public facilities, including roads, drainage, potable water, sanitary sewer, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed;
(5) The request can demonstrate adequate provision for maintenance of the use and associated structures;
(6) The request has minimized, to the degree possible, adverse affects on the natural environment;
(7) The request will not create undue traffic congestion;
(8) The request will not adversely affect the public health, safety or welfare; and
(9) The request conforms to all applicable provisions of this chapter.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
PLANNED UNIT DEVELOPMENT
(A) Planned unit developments (PUDS) shall be allowed by Planning Commission approval in any zoning district. No planned unit development permit shall be granted unless the development will meet the use limitations of the zoning district in which it is located and meet the density and other limitations of such districts, except as such requirements may be lawfully modified as provided by this chapter. Compliance with this chapter in no way excuses the developer from the applicable requirements of a subdivision, except as modifications thereof are specifically authorized in the approval of the application for the planned unit development.
(B) The requirements of this chapter relating to a PUD provides a means for effecting desirable and quality development by permitting greater flexibility and design freedom than may otherwise be permitted under the chapter, and seeks to accomplish a well-balanced, aesthetically satisfying city and economically desirable development of building sites within a PUD. The requirements of this chapter relating to a PUD are established to permit latitude in the development of the building site if that development is found to be in accordance with the purpose, spirit and intent of this chapter and is found not to be hazardous, harmful, offensive or otherwise adverse to the environment, property values or the character of the neighborhood or the health, safety and welfare of the city. The requirements of this chapter relating to a PUD are intended to permit and encourage diversification, variation and imagination in the relationship of uses, structures, open spaces and heights of structures for developments conceived and implemented as comprehensive and cohesive unified projects, and to encourage more rational and economic development with relationship to public services, and to encourage and facilitate preservation of open lands.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
(A) Area. No planned unit development shall have an area less than that approved by the Planning Commission as adequate for the proposed development.
(B) Uses.
(1) A planned unit development which will contain uses not permitted in the zoning district in which it is to be located will require a change of zoning district and shall be accompanied by an application for a zoning amendment, except that any residential use shall be considered a permitted use in a planned unit development which allows residential uses and shall be governed by density, design and other requirements of the planned unit development permit.
(2) Where a site is situated in more than one use district, the permitted uses applicable to such property in one district may be extended into the adjacent use district.
(C) Ownership. The development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.
(D) Design. The Planning Commission shall require the arrangement of structures and open spaces within the site development plan as necessary to ensure that adjacent properties will not be adversely affected.
(1) Density. Density of land use shall in no case be more than 15% higher than allowed in the zoning district.
(2) Arrangement. Where feasible, the least height and density of buildings and uses shall be arranged around the boundaries of the development.
(3) Specific requirements. Lot area, width, yard, height, density and coverage requirements shall be determined by approval of the site development plan.
(E) Open spaces. Preservation, maintenance and ownership of required open spaces within the planned unit development shall be accomplished by either:
(1) Dedication of the land as a public park or parkway system; or
(2) Creating a permanent, open space easement on and over the said private open spaces to guarantee that the open space remain perpetually in recreational use, with ownership and maintenance being the responsibility of an owners’ association established with articles of association and bylaws which are satisfactory to the City Council.
(F) Landscaping. Landscaping, fencing and screening related to the uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the Planning Commission for approval, together with other required plans for the planned unit development. A planting plan showing proposed tree and shrubbery plantings shall be prepared for the entire site to be developed. A grading and drainage plan shall also be submitted to the Planning Commission with the application.
(G) Signs. The size, location, design and nature of signs, if any, and the intensity and direction of area or floodlighting shall be detailed in the application.
(H) Desirability. The proposed use of the particular location shall be shown as necessary or desirable, to provide a service or facility which will contribute to the general well being of the surrounding area. It shall also be shown that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety or general welfare of persons residing in the vicinity of the planned unit development.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
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