(a) Purpose. Provision is made in this Zoning Code for a more detailed consideration of each of certain specified uses or activities, as the same may relate to proposed conditions of location, design, size, operation, intensity or use, the generation of traffic and traffic movement, the concentration of population, the processes and equipment employed, and the amount and kind of public facilities and services required, together with any other structural uses possessing these particularly unique characteristics. Such specified uses or activities are designated as conditionally permitted uses and are permitted through the issuances of a conditional zoning certificate, with such conditions and safeguards attached as may be deemed necessary for the protection of the public welfare.
(b) Procedure. Any application for a conditional zoning certificate for any land use or structure permitted under this Zoning Code shall be submitted in accordance with the following procedures:
(1) Submission to City Planning Commission. An application for a conditional zoning certificate shall be submitted to the City Planning Commission on a special form provided for that purpose. The City Planning Commission, where appropriate, may refer an application to qualified consultants for a report if it seems the proposed use may cause undue traffic generation, population concentrations or extra size sewer and/or water utility systems. The cost of the report shall be at the expense of the applicant and the report shall be furnished to the City Planning Commission within 30 days from the date upon which it was requested.
(2) Data required with application. Applications for conditional zoning certificates shall include the following:
A. The form supplied by the Zoning Inspector and completed by the applicant; and
B. A site plan, plot plan or development plan of the entire property being considered, drawn at a scale of one inch = 100 feet and showing the location of all abutting streets and structures, the types of buildings and their intended use.
(3) Review by City Planning Commission. The City Planning Commission shall review the proposed development, as presented, on the submitted plans and specified use. In cases where the City Planning Commission requests a report from a consultant, the application will not be reviewed until the City Planning Commission has received the report, along with a receipt for the cost of the report. The review shall be completed and made public within 60 days following the date the application was submitted.
(4) Issuance and revocation of conditional zoning certificates. Only upon conclusion of review procedures relative to a particular application may the Commission issue a conditional zoning certificate. A breach of any safeguard, condition or requirement shall automatically invalidate the certificate granted and shall constitute a violation of this Zoning Code. This violation shall be declared a nuisance as per § 1262.09.
(5) Continuation of existing uses declared to be conditionally permissible. The owner of any use existing at the time of the enactment of this Zoning Code and conditionally permissible within its district, as determined under this Zoning Code by the City Planning Commission, shall apply within one year after the enactment of this Zoning Code to the Zoning Inspector for a conditional zoning certificate and the Zoning Inspector shall issue the certificate.
(Ord. 1-91, passed 3-4-1991)