(a) Initial Application. When a proposed use, or an existing use for which modification, enlargement, or alteration is proposed, is permitted in a zoning district as a conditional use as set forth in the zoning district regulations, a conditional use certificate is required and the application for such conditional use certificate shall be submitted and reviewed according to the following:
(1) Submission of Application. The owner, or agent thereof, of property for which such conditional use is proposed shall file with the Zoning Administrator an application for a conditional use certificate. Such application shall be accompanied by payment of the required fee established by Council, a development plan and associated documentation as required in Section 1232.06(c) (when determined applicable by the Zoning Administrator), and the following additional information:
A. The names and addresses of all property owners of record within 500 feet of the proposed development boundaries shall be submitted for public hearing notification.
B. A preliminary market analysis indicating the number and type of dwelling units, or the approximate square footage of office or commercial floor area proposed. Such information shall be compared to like information for existing uses of the same kind within the proposed market area or surrounding communities.
C. A preliminary traffic analysis showing estimated traffic volumes to be generated by the proposed use and the methods of handling such traffic, including access points, signalizations, and other similar mechanisms for traffic control.
D. A preliminary cost analysis indicating proposed construction costs of public and private improvements, buildings, and landscaping.
E. When applicable, an overall conceptual plan for a proposed PRD or MUPD, as set forth in Section 1232.05.
(2) Acceptance of Application. The Zoning Administrator shall review the application for compliance with the submission requirements. After the Zoning Administrator has determined the application includes all the required information, the Zoning Administrator shall place the application on the agenda of the Planning Commission's next regular meeting.
(3) Staff Review. After the application is determined complete, copies shall be transmitted to the Planning Commission, the City Engineer, and the City Planner.
(4) Planning Commission Review of Conditional Uses. During its review, the Planning Commission may distribute the application to additional 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 decision.
(5) 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 once a week for at least two consecutive weeks, the last of which shall occur at least one week before the date of said public hearing. Written notice shall be given by first class mail, at least five days prior to the date of the hearing, to each owner of record of property within 500 feet of the boundaries of the proposed development. All notices shall set forth the time and place of the public hearing and the nature of the proposed conditional use. Failure of delivery of a mailed notice shall not invalidate the proceedings.
(6) Review Criteria. The Planning Commission shall review the proposed conditional use as presented on the submitted plans and specifications, review and consider any staff reports, and ascertain whether or not the proposed use will be consistent with the following conditions and criteria:
A. The proposed use will be consistent with the purpose and intent of this Zoning Code and with the intent of the district in which it is located and complies with all applicable provisions of this Zoning Code. In making such a determination, the Planning Commission must 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 1264, will be met by the establishment and operation of the proposed use.
B. The Planning Commission shall, when applicable, review the development plan for the proposed conditional use according to the development plan review criteria set forth in Section 1232.06(h).
C. The Planning Commission may require such additional information as the Commission deems necessary and may request the carrying out of special studies and the provisions of expert advice.
(7) Action by Planning Commission. After reviewing the proposed application and any of the various reports submitted as set forth in this section, the Planning Commission shall, within sixty days from the date of the Public Hearing, take one of the following actions:
A. If the proposed conditional use is found to be appropriate, the Planning Commission shall approve the conditional use certificate. As part of the approval, the Planning Commission may prescribe additional conditions, stipulations, safeguards, and limitations on the duration or operation of the use as it may deem necessary and in conformance with the intent and purposes of this Code for the protection of nearby property and the public health, safety, and general welfare of the community.
B. If the proposed use is found to be not in compliance with the specifications of this Zoning Code, or not appropriate to or in keeping with the purpose, policies, and intent of the Comprehensive Plan, the Planning Commission shall recommend denial of the conditional use certificate.
Failure of the Planning Commission to act within sixty days from the date the application was filed, or within an extended period agreed upon with the applicant, shall be deemed a denial of the conditional use application. 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.
(8) Issuance of Conditional Use Certificate. After approval by the Planning Commission of a conditional use application, the Zoning Administrator shall issue a conditional use certificate stating thereon the Commission action and additional restrictions, if any, imposed on the application. A conditional use certificate shall be deemed to authorize a particular conditional use on a specific parcel for which it was approved.
(9) Time Limit on Construction. Approval of any conditional use shall remain effective, provided that construction related to such use is commenced within 12 months from the date of such approval by the Planning Commission.
(10) One Conditional Use Plan to be Effective. There shall not be more than one conditional use plan relating to the same site in effect at any one time.
(b) Revocation of Conditional Use Certificate. A conditional use certificate may be revoked under the following circumstances:
(1) Discontinuance. If the conditional use is discontinued for six consecutive months, it shall not be reinstated without action by the Planning Commission pursuant to the review procedures of this section.
(2) Noncompliance. The breach of any condition, safeguard, or requirement, as determined by the Zoning Administrator, shall automatically invalidate the conditional use certificate granted.
(c) Reapplication. An application for a conditional use certificate which has been denied wholly or in part by the Planning Commission and is resubmitted to the Planning Commission shall comply with all the requirements of this section, including payment of the required fee. (Ord. 24-97. Passed 10-14-97.)
(d) Alteration or Change of An Existing or Previously Approved Conditional Use. A new conditional use certificate shall be obtained for any change that proposes to alter, reconstruct, or otherwise modify a use or site in any one of the following ways:
(1) Expanding the floor area of the permitted use;
(2) Increasing the number of dwelling units in a residential development project;
(3) Changing the use in such a way that requires an increase in the amount of parking spaces;
(4) Changing the site’s vehicular or pedestrian circulation system;
(5) Any change that, in the judgment of the Zoning Administrator, would alter compliance with the general criteria for conditional uses as stated in 1264.02.
If an application under this requirement is not approved, the original conditional use certificate shall continue to be valid under the prior conditions. The Planning Commission may waive the requirement for a public hearing set forth in 1232.04(a)(5) if it deems the proposed modifications to be of minor impact.
(e) Appeals to Council. Any person, including, but not limited to, the applicant or an affected property owner, who is aggrieved by an action of the Planning Commission in approving or denying an application for a conditional use permit may, within thirty days after such approval or denial is rendered, appeal to Council. After reviewing the action of the Planning Commission, Council may reverse or modify the decision by an ordinance approved by a two-thirds majority vote of its membership. If Council does not take action to reverse or modify the action of the Planning Commission within thirty days after an appeal is filed, the action of the Planning Commission shall be deemed to have been ratified. (Ord. 75-2005. Passed 10-11-05.)