1213.05 CONDITIONAL USES.

   A.    Authority. Conditional Use Permits may be granted in accordance with the procedures and standards set out in this Chapter and by approval of the City Planning Commission and confirmation by ordinance duly enacted by the City Council. Conditional use permits may authorize the development of uses listed as conditional in the regulations applicable to the district in which the subject property is located or similar uses as provided by Section 1213.05.D.2.

   B.    Purpose. Conditional uses are those uses having some special impact or uniqueness that requires a careful review of their location, design, configuration, and special impact to determine, against the fixed standards located in Section 1213.05.H, Standards for Conditional Use Permits, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect and such other factors established herein or by the City Planning Commission.

   C.    Parties Entitled To Seek Conditional Use Permits. An application for a conditional use permit may be filed by any person, firm or corporation, or by any office, department, board, bureau, or commission which has a legal interest in the property in the form of an ownership, a lease, or a purchase agreement for the property for which the conditional use permit is requested. If the applicant is a lessor, the written approval, with signature, of the owner shall be required as determined necessary by the Zoning Administrator.

   D.    Application for a Conditional Use Permit. An application for a conditional use permit shall be filed with the Zoning Administrator on an official, prescribed form. The application shall be accompanied by the following plans, data or information unless determined otherwise by the Zoning Administrator or designee:

      1.    A statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in Section 1213.05.H, Standards for Conditional Use Permits. Such information should include, at a minimum, a description of the use, days and hours of operation, number of employees, the scope of activities carried on by the proposed conditional use, and other information as requested by the Zoning Administrator.

      2.    If the use is not listed as a permitted Conditional Use in the district for which it is requested, a statement in writing explaining how it is similar to a use which is listed as a permitted Conditional Use in the district for which it is requested.

      3.    A site plan of the proposed use identifying the location of all buildings and structures on the property buildings, structures and pavement within one hundred (100) feet of the property line or within the adjacent property, whichever is less open space points of ingress/egress the location, size and layout of parking property lines, easements and scale, north arrow and date.

      4.    The existing use and zoning of land within three hundred (300) feet of the subject site.

      5    A landscape plan showing all proposed and existing landscaping including berming, buffering and screening.

      6.    Estimated traffic generation of the proposed use.

      7.    Floor plans indicating the internal use of structures.

      8.    Architectural elevations.

      9.    An exterior lighting plan indicating the location of all lighting fixtures.

      10.    An accurate legal description of the subject property.

      11.    Other information, including a narrative description or product information as may be required by the City Planning Commission. Such application shall be forwarded from the Zoning Administrator to the City Planning Commission for review and, if approved, to City Council for confirmation.

   E.    Public Hearing for a Conditional Use Permit. The City Planning Commission shall hold one (1) public hearing, in accordance with the requirements of Section 1213.01, Public Hearing Procedures, to review, consider, and approve, approve with conditions, or disapprove an application after the following public notification is given by the Zoning Administrator. Notice shall be provided by all of the following methods:

      1.    Mailing. Notice shall be sent by first class mail a minimum of ten (10) calendar days in advance of the public hearing, to all owners of land within three hundred (300) feet (inclusive of intervening streets and alleys) of the periphery of the land subject to the application whose names and addresses are known by reference to the most recently published ad valorem tax records of the County Appraiser, except that when the land is improved with a condominium, notice shall be given to the condominium association. Notice shall be presumed to have been given when mailed in accordance with these provisions.

      2.    Legal Notice. Legal notice shall be given by advertisement in a local newspaper of general circulation no less than four (4) days prior to the public hearing.

      3.    Notification to Organizations. Notification shall be sent by first class mail a minimum of ten (10) days prior to the public hearing to any organization that requests notice.

   F.    Action by City Planning Commission. After the conclusion of the public hearing, the City Planning Commission shall take action on the application for a conditional use permit and transmit its action to City Council.

      1.    Approval. The City Planning Commission may approve or approve with conditions the application for a conditional use permit.

      2.    Denial. The City Planning Commission may deny the application for a conditional use permit. If the City Planning Commission denies the application, the application process ends. Disapproval of the application for a conditional use permit shall include a statement of the reasons for the denial.

   If the City Planning Commission approves the application, the Commission shall, within a reasonable time after the conclusion of the public hearing, transmit the application to the City Council for the Council's confirmation.

   G.    Action by City Council. Within a reasonable time after the receipt of the decision of the City Planning Commission, or its failure to act as above provided, the City Council either shall confirm the decision by ordinance duly adopted with or without modifications or conditions, or refer the application back to the City Planning Commission for further study, or deny the conditional use permit.

   H.    Standards for Conditional Use Permits. The City Planning Commission or City Council shall make a determination on Conditional Use Permit applications based on the following criteria:

      1.    Land Use Policy. The proposed use and development will be in keeping with the land use policies established by the City Council.

      2.    Ordinance Purposes. The proposed use and development will be in harmony with the general and specific purposes for which this Zoning Ordinance was enacted and for which the regulations of the district in question were established.

      3.    No Nuisance. The proposed use and development will not create any public nuisance by reason of noise, smoke, odors, vibrations, objectionable lights or congestion of traffic.

      4.    No Undue Adverse Impact. The proposed use and development will not have a substantial or undue adverse impact upon adjacent property, the character of the neighborhood or area, or the public peace, health, safety, and general welfare.

      5.    No Interference with Surrounding Development. The proposed use and development will be constructed, arranged, and operated so as not to excessively interfere with the use and development of neighboring property in accordance with the applicable district regulations.

      6.    Adequate Public Facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or that the applicant will provide adequately for such services.

      7.    No Traffic Congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.

      8.    No Destruction of Significant Features. The proposed use and development will not result in unnecessary destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.

      9.    Compliance with Standards. The proposed use and development complies with all additional standards imposed on it by the particular provision of this Zoning Ordinance authorizing such use.

   I.    Conditions on Conditional Use Permits. The City Planning Commission may impose and the City Council may confirm or impose additional conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Zoning Ordinance, upon the premises benefited by a conditional use permit, as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions shall be expressly set forth in the Zoning Ordinance granting the conditional use or expressly included in such ordinance by reference. Violation of any such condition or limitation shall be a violation of this Zoning Ordinance and shall constitute grounds for revocation of the conditional use permit.

   J.    Confirmation of Compliance with Conditions. Whenever any conditional use permit granted pursuant to this Chapter is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, notify the Zoning Administrator for inspection of compliance. The Zoning Administrator shall determine whether the applicant has met the conditions.

   K.    Effect of Issuance of a Conditional Use Permit. The granting of a conditional use permit authorizes the property to be used in the manner proposed, but does not alone authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure without first obtaining any other required permit, including a building permit.

   L.    Limitations on Conditional Use Permit. Subject to an extension of time authorized by the Zoning Ordinance, no conditional use permit shall be valid for a period longer than one (1) year unless a building permit is issued and construction is actually begun within that period, and is thereafter diligently pursued to completion, or the approved use is commenced within that period. Except when otherwise provided in the Zoning Ordinance granting a conditional use permit, a conditional use permit shall be deemed to relate to, and be for the benefit of the use and the lot in question, rather than the owner or operator of such use or lot.

   M.    Modifications to Conditional Uses. Any modification or intensification of a conditional use that alters the essential character or operation of the use in a way not intended at the time the conditional use was granted, as evidenced by the record or language of the Zoning Ordinance, shall require a new conditional use permit. The property owner/operator or his authorized representative shall apply for such conditional use permit prior to any modification of the use of property. The Zoning Administrator shall determine whether the proposed modification or intensification represents an alteration in the essential character of the original conditional use as approved. The operator of the conditional use shall provide the Zoning Administrator with all the necessary information related to the conditional use to render this determination. If the Zoning Administrator determines that the proposed modification or intensification will not alter the essential character or operation of the conditional use, a new conditional use permit shall not be required.

   N.    Validity of Conditional Use Permit Time Limit and Extension. Conditional Use Permits authorized by the City Council shall be void one (1) year after the date upon which approval was granted unless any of the following criteria is met:

      1.    In the case of new construction, work upon the structure shall have begun above the foundation walls.

      2.    In the case of occupancy of land, the use has commenced.

      3.    In the case of reconstruction or modifications to a structure, a Certificate of Occupancy has been granted.

      4.    If the time period is extended by a majority vote of the City Council.

      5.    If the time period is extended by the Zoning Administrator pursuant to Section 1212,06.B.7, Guarantee of Time Extensions.

   O.    Revocation of Conditional Use Permit. A conditional use permit may be revoked if the established conditions for approval are violated. The Zoning Administrator is responsible for advising the City Planning Commission of any violations, and the City Planning Commission may then recommend to the City Council that it revoke the conditional use permit.

(Ord. 13-16. Enacted 5-28-13.)