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The purpose of this Chapter is to establish standards and procedures for review of uses which have the potential to be compatible with the districts in which they are listed as conditional uses but which, due to the nature of their operation, appearance, or other characteristics, require individual review and control of their location, design, intensity, configuration, and impacts upon the district and the community in order to ensure such compatibility and preservation of the district and community.
(Ord. 5-2007. Passed 3-13-07.)
(a) A use listed as a conditional use shall not be permitted by right. The identification of a use as a conditional use in a district shall not establish or imply any rights for approval of the use of any lot, nor shall the approval of a conditional use on one lot establish or imply any rights for approval of the same use on any other lot. Listing as a conditional use shall afford the opportunity to submit an application for a conditional use permit, which may be approved or denied on the basis of the provisions of this Zoning Code.
(b) When a use is listed in this Zoning Code as a conditional use for a district, the conditional use of land, building, or structure shall not be established until a conditional use permit has been reviewed and recommended by the Planning Commission and approved by City Council according to the procedures of this Zoning Code and until the conditional use permit is issued by the Building Commissioner.
(Ord. 5-2007. Passed 3-13-07.)
An applicant for a conditional use permit shall submit an application to the Building Commissioner. At a minimum, an application shall include the following information:
(a) Use Information:
(1) A statement of the specific conditional use or uses listed in this Zoning Code for which the application is submitted.
(2) A description of the activities proposed on the site, including the goods and services, hours of operation, anticipated number of employees, nature and volume of delivery activity, characteristics of vehicular activity, and other information which clearly documents the nature of the proposed use and its potential impacts.
(3) A statement discussing the compatibility of the proposed use with the existing and permitted uses of adjacent properties and with any plans adopted by the City, including an evaluation of the effects on adjoining properties of such elements as traffic circulation, noise, glare, odor, fumes, vibration, and storm water.
(b) Site Plan Information: Information and exhibits describing the site and building layout and locations of all structures, paved areas, uses on the lot, and all uses and zoning district designations of adjoining properties and properties across a public right-of-way.
(c) Additional Information: Upon review of the application, the Planning Commission may find that additional information is necessary to make a determination of the compliance of the proposed use with the provisions of this Zoning Code. The Planning Commission may determine that additional studies or expert advice are necessary to evaluate a proposed conditional use relative to the requirements of this ordinance and shall advise the applicant if such studies or advice are required. The Planning Commission may accept the required studies prepared by qualified professionals engaged by the applicant or may require the applicant to deposit with the City funds as required to pay for such studies.
(Ord. 5-2007. Passed 3-13-07.)
(Ord. 5-2007. Passed 3-13-07.)
(a) The Planning Commission shall, upon determining that the application for conditional use is complete, set a public and administrative hearing for its next regularly scheduled meeting and shall instruct the Secretary of the Commission to publish notice at least seven (7) days prior to the public hearing.
(b) The Planning Commission shall conduct a public and administrative hearing on the date and time published.
(Ord. 5-2007. Passed 3-13-07.)
(a) Action by Planning Commission. The Planning Commission shall review the application for conformance with the provisions of this Zoning Code, including the standards set forth in Section 1169.07 (Standards for all Conditional Uses) and, as applicable, of Section 1169.08 (Standards for Specific Conditional Uses), and shall, within a reasonable time after conclusion of the hearing, take one of the following actions:
(1) Recommend approval of the proposed conditional use permit. In recommending approval, the Planning Commission may recommend appropriate conditions and safeguards which are more strict than the requirements of this Zoning Code, and which are in conformance with the intent and purposes of this Zoning Code for the protection of nearby property and the public health, safety and general welfare.
(2) Recommend denial of the application, stating in the motion the reason(s) for recommending denial.
(3) The recommendation of the Planning Commission shall be forwarded to City Council.
(b) Action by Council. Within sixty (60) days (or a longer period with consent of the applicant) after receipt of a Planning Commission recommendation, City Council shall take action to approve, approve with additional conditions, or deny the permit.
(1) Approval of a conditional use permit by City Council shall authorize the Building Commissioner to issue the conditional use permit.
(2) If City Council denies the conditional use permit, then the Clerk of Council shall notify the applicant in writing and no further action shall be taken.
(3) If no action is taken by Council within sixty (60) days after receipt of the recommendation of the Planning Commission, then the applicant may deem the application to have been denied.
(Ord. 5-2007. Passed 3-13-07.)
(b) Expiration of Approval. Approval of a conditional use permit approved by City Council shall expire twelve (12) months from the date of approval unless construction has commenced or the use established. A single extension of the conditional use permit, not to exceed six (6) months, may be granted by City Council after written request by the applicant.
(c) No application for a conditional use permit which has been denied wholly or in part by City Council shall be resubmitted until the expiration of one (1) year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Planning Commission and Council.
(d) Revocation.
(1) If the Building Commissioner finds that any provision of this Chapter relating to a conditional use permit is being violated or that any condition, safeguard, or requirement of a conditional use permit is being violated or breached, the Building Commissioner shall send a written notice by certified mail to the owner of the property, indicating the nature of the violation and ordering the action necessary to correct it.
(2) The notice shall state what action the Building Commissioner intends to take if the violation is not corrected and shall advise that the Building Commissioner’s decision or order may be appealed to City Council within ten (10) days of receipt of the notice.
(3) If no appeal is filed, the Building Commissioner shall take necessary and appropriate action to resolve the violation. If an appeal is filed, all action shall be stayed unless the Building Commissioner prepares a statement, as approved by the Law Director, certifying that the situation poses imminent peril to the public health, safety or welfare of persons or property and that immediate action is warranted.
(4) If an appeal is filed, City Council shall set a date for hearing. At least ten (10) days prior to the hearing, written notice shall be issued to the property owner.
(5) Council shall conduct the hearing at the date and time established, shall consider the appeal and the record and shall determine the action to be taken. Council may take any of the following actions:
A. Amend the terms of the conditional use permit.
B. Revoke the conditional use permit.
C. Order the Building Commissioner to take action necessary to correct the violation.
(6) Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this Chapter or pose a danger to the public health, safety, or welfare, the Building Commissioner may seek enforcement without prior written notice.
(e) Transfer of Conditional Use Permit to New Owner of Conditional Use. A conditional use permit shall expire when ownership of the use is transferred to a new owner. A conditional use permit may be transferred to a new owner of the use for which the original permit was granted provided that the new owner shall submit a written request for transfer of the permit. The request shall include a statement ensuring compliance with all conditions of the original permit. The Building Commissioner shall inspect the premises for conformance with the original permit, shall review the record regarding the permit and the operation of the use, and shall transfer the conditional use permit to the new owner if the use is found to conform to the permit conditions or is brought into conformance.
(Ord. 5-2007. Passed 3-13-07.)
(a) The Planning Commission shall determine, in making a decision to recommend approval of a conditional use or to deny a conditional use permit, if the proposed use will comply with the general standards in this Section 1169.07 and the specific standards in Section 1169.08 pertinent to each use indicated therein. The Planning Commission may recommend and City Council may approve such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights and for insuring that the intent and objectives of this Zoning Code will be observed.
(b) The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use on the proposed location:
(1) 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 a use will not change the essential character of the same area;
(2) Will not be hazardous or unduly disturbing to existing or future neighboring uses;
(3) Will not be detrimental to property in the immediate vicinity or to the community as a whole;
(4) Will be served adequately by essential public facilities and services such as roads, police and fire protection, drainage structures, refuse disposal or schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service; and
(5) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public roads.
(Ord. 5-2007. Passed 3-13-07.)
(Ord. 5-2007. Passed 3-13-07.)
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