(a) Contents of Application for Conditional Use Permit. An application for a conditional use permit shall be filed with the Zoning Inspector by at least one owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
(1) Name, address and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
(2) A current and accurate legal description of the property(s) in question and a current survey prepared by a licensed surveyor.
(3) A description of existing use, current zoning district, and proposed conditional use.
(4) A list of all property owners within, contiguous to, and directly across the street from the property(s) in question. The list of addresses may correspond to the County Auditor's current tax list.
(5) A statement of the relationship of the proposed use to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request.
(6) A statement of the relationship of the proposed use to adjacent land use in terms of traffic, parking, noise, and other potential nuisances and general compatibility.
(7) A plot plan to show:
A. Boundaries and dimensions of the lot and the size and location of all proposed and existing structures.
B. Traffic access, traffic circulation, existing and proposed utilities, parking, lighting and illumination, landscaping, signs, and other such information relevant to the proposed use.
C. Such additional information as may be required by this Zoning Code and/or requested by the Planning and Zoning Commission and/or Zoning Inspector to review the application.
(b) Criteria for Approval. Prior to approval of a conditional use permit application, the Planning and Zoning Commission shall find evidence that the proposed use at the proposed location:
(1) Will be harmonious with and in accordance with the general objectives, or with any specific objective of Obetz's Comprehensive Plan and/or Zoning Ordinance.
(2) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(3) Will not be hazardous or disturbing to existing or future neighboring uses.
(4) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately such services.
(5) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(6) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(7) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads, and
(8) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(c) Review Procedure.
(1) Filing of Application. Fifteen (15) copies of a completed application shall be filed with the Zoning Inspector at least thirty five days (35) days prior to a regularly scheduled meeting of the Planning and Zoning Commission. Prior to accepting such application, the Zoning Inspector shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Zoning Inspector, shall result in a refusal of acceptance.
(2) Public Hearing. The Planning and Zoning Commission shall hear the application at its next regularly scheduled meeting provided the applicant meets the requirements of subsection (c)(1) hereof. Nothing in this section shall prevent the Commission from granting a continuance of the public hearing.
(3) Public Notice for Hearing. At least one (1) notice shall be given at least ten (10) days prior to a scheduled public hearing in one (1) or more newspapers of general circulation in the Municipality. Such notice shall include the time and place of the public hearing and the nature of the proposed variance(s).
(4) Notice to Property Owners. Written notice of the hearing shall be mailed by the Municipality, at least ten (10) days prior to the date of a scheduled public hearing to all property owners as listed under Section 1181.05(a)(4). The notice shall correspond to subsection (c)(3) hereof in content.
(5) Procedure at Hearing. Within thirty-five (35) days of the public hearing, the Planning and Zoning Commission shall review the application and render one of the following decisions:
A. Approval of conditional use as requested.
B. Approval of conditional use with modifications.
C. Disapproval of conditional use.
(d) The Commission shall apply criteria in subsection (b) hereof in reaching its determination. In approving a conditional use, the Commission may prescribe additional conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed in Chapter 1183 and shall result in revocation of the conditional use approval and respective Certificate of Zoning Compliance. The Commission's determination in taking action on a requested conditional use shall be accompanied by findings of fact and a statement of the reasons for the decision reached.
(e) Issuance of Permit; Expiration. Upon approval of the Planning and Zoning Commission or upon appeal and approval by Council, and with such conditions attached by either body as may be necessary to secure the objectives of this Zoning Code, the Zoning Inspector shall issue a conditional use permit to the applicant within ten (10) days. Such permit shall authorize one particular conditional use and such permit shall automatically expire if, for any reason, the conditional use shall not be commenced within two (2) years, including any construction or renovation. Such permit shall expire if a conditional use is discontinued for more than six (6) months. The conditional use permit serves as a contract between the municipality and the property owner. The property owner must follow the conditions outlined in the permit and will be required to sign an affidavit stating such at the time that the conditional use permit is granted. If the property is sold, the new owner will be required to sign such affidavit within thirty (30) days of taking ownership. At that time, additional conditions may be attached to the conditional use permit by the Zoning Inspector. If the property owner does not sign such affidavit within thirty (30) days of taking ownership, the new owner must reapply for a conditional use permit.
(f) Appeals. Whoever is aggrieved or affected by the decision of the Commission involving an application for conditional use shall have the right to file an appeal with Council. The appeal shall be filed in writing with the Clerk no later than ten (10) days after the decision of the Commission. Council shall have a maximum of sixty (60) days from receipt of an appeal for public hearing, consideration, and a decision on the appeal. In reaching a determination on a requested conditional use on appeal by Council, the applicable portions of subsection (b) hereof shall apply.
(Ord. 38-04. Passed 10-11-04.)