Conditional use permits shall be required for types of uses designated as conditionally permitted in a particular use district. Such particular use may be permitted and desirable in certain districts, but not without consideration in each case of the effect of the use upon neighboring land and the effect the neighboring land will have on the use. The application of the planning standards for determining the location and extent of such use is a planning function, and not in the nature of a variance or appeal. Enumerated throughout this code are certain uses and the districts in which conditional uses may be permitted provided the following standards are fulfilled and a conditional use permit is granted by the Planning Commission.
(A) Application contents. The application shall be signed by the owner or applicant attesting to the accuracy of all information supplied by the application. At a minimum, the application shall contain the following information, provided however, that the Zoning Administrator may waive certain submission requirements where it is determined that it is not applicable:
(1) Name, address and telephone number of the owner of record and applicant;
(2) A boundary survey of the said property;
(3) A description of existing use;
(4) The present zoning district;
(5) A description of the proposed conditional use;
(6) A plan for the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and other such information as the Zoning Administrator may require to determine if the proposed conditional use meets the intent and requirements of this code;
(7) A statement and supporting documentation describing how the applicant believes that the request conforms to the standards for conditional uses listed in division (C) of this section; and
(8) An application filing fee as established by City Council.
(B) Action on application. The Planning Commission shall hold a hearing thereon, notice of which may be published in a newspaper of general circulation, and mailed to the last known address of the owners of the property within 250 feet of the parcel for which a conditional use permit is requested at least ten days before the hearing. The application and any reports, covenants, deeds, plans, or other information requested or required in conjunction with or as part of the application shall be submitted to the Planning Commission 30 days prior to the date of public hearing. Failure to timely submit any of the reports, covenants, deeds, plans or other information will result in the continuance of the public hearing to a later date, determined by the Planning Commission, which will allow the Planning Commission, city officials or advisors to evaluate the reports, covenants, deeds, plans or other information in time for the hearing to take place.
(C) Standards. In determining whether the issuance of a conditional use permit is warranted, the standards the Planning Commission shall take into consideration are the following:
(1) The use will not discourage the development or impair the value of the surrounding and adjacent land and use district(s);
(2) The concentration and volume of vehicles in connection with the use will not be more dangerous or hazardous than the usual traffic of the use district;
(3) The proposed use must not produce a negative impact upon the abutting or surrounding properties and zoning uses given the characteristics, size, location, intensity and nature of the proposed use and any structure;
(4) The location, extent, arrangement and intensity of the proposed use shall be such that its operation will not be objectionable to adjacent and surrounding uses by reason of noise, smoke, dust, odors, fumes, vibrations or glare;
(5) The use, arrangement of and location of uses and structures must be compatible with surrounding uses and zones or must be capable of being made compatible through the imposition of conditions;
(6) The use and structures must not be detrimental to the health, safety and welfare of the locality involved;
(7) The use and structures must conform to the purpose, intent and objectives of this zoning code; and
(8) The proposed use is properly located in relation to any adopted master plan, general plan, land use plan, thoroughfare plan, or street plan, particularly in its relation to existing collection and local street systems and pedestrian circulation.
(D) Factors.
(1) Factors to be considered in evaluating the standards set forth in division (B) of this section may include, but are not limited to, the following:
(a) Land use;
(b) Height;
(c) Set backs;
(d) Business or other activities;
(e) Open space;
(f) Density;
(g) Location of structures and uses on the site;
(h) Screening;
(i) Signs/advertisements;
(j) Paving;
(k) Entrances;
(l) Hours of operation;
(m) Lighting;
(n) Landscaping;
(o) Fencing/walling;
(p) Mechanical systems/HVAC;
(q) Dumpster locations; and
(r) Parking.
(2) The Planning Commission shall issue the conditional use permit if it determines that the proposed conditional use satisfies, or through the imposition of conditions pursuant to this division (D) satisfies, the standards set forth in division (B) of this section. If the Planning Commission determines that such proposed use does not, and with the imposition of conditions will not, satisfy the standards set forth in division (B) of this section, Planning Commission shall deny the issuance of a conditional use permit.
(E) Issuance of permit. If the Planning Commission determines that the issuance of a conditional use permit is warranted, the Planning Commission may condition such issuance upon specific requirements and limitations with respect to location, construction, maintenance, landscaping, operation, and other factors and features of the site or the use it deems necessary or appropriate to protect the interests of the community and to ensure satisfaction of the standards set forth in division (B) of this section.
(F) Rejection of application. The rejection of an application for a conditional use permit by Planning Commission constitutes the final determination of the city. The approval of a conditional use permit shall become null and void if building permits have not been issued for all buildings and structures within six months after approval of a conditional use permit.
(G) Supplementary conditions and safeguards. In granting any conditional use, the Planning Commission may prescribe appropriate 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 granted, shall be deemed a violation of this zoning code.
(H) Expiration of conditional use permit. A conditional use permit shall be deemed to authorize only one particular conditional use and such conditional use permit shall automatically expire if, for any reason, the conditional use has ceased by discontinuance or abandonment for a period of more than six months.
(Ord. 2003-51, passed 5-20-03)