Where a conditional use permit is required by this Zoning Code, the Board shall review the application in a public hearing and shall approve, approve with modifications, or deny an application for the reasons below.
(a) Decisions. The concurring vote of at least three members of the Board in attendance at the public hearing shall be necessary to concur with, reverse or modify any decision of the Administrator. The Board shall render a written decision containing relevant findings of fact without unreasonable delay after the close of the hearing, and in all cases, within 45 days after the close of the hearing. The Board’s decision shall be final and appealable upon the date of the mailing of the written findings of fact and conclusions of law to the applicant, which shall be on or before 45 days from the date of the vote by the Board. After action by the Board on the application, the Board shall mail a written decision to the applicant which shall contain the motion as carried by the Board including any modifications. A Zoning Certificate may be issued only for an approved conditional use within the period one year from the date of the mailing of the decision.
(b) Approval. The Board must not approve an application for a conditional use unless the applicant provides clear and convincing evidence that all of the following conditions are satisfied:
(1) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals or general welfare;
(2) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, or will not substantially diminish and impair property value within the neighborhood;
(3) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
(4) Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;
(5) Adequate measures have been or will be taken to provide ingress and egress so designed to minimize traffic congestion in the public streets; and
(6) The conditional use will be located in a district where such use is permitted and that all requirements set forth in this Zoning Code and applicable to such conditional use will be met.
(c) Approval with Modification. The Board may approve, with modification, an application for a conditional use if the proposed use is a conditional use of the zoning district and the applicable development standards are fully satisfied; provided, however, that site plan modification is required to be consistent with the appropriate plans for the area and to prevent undesirable effects on adjacent property and the surrounding area. Requirements regarding the modification of plans or other appropriate actions shall be stated with the reasons for each requirement. The Board may impose other conditions for a conditional use in addition to those prescribed herein if, in its judgment, additional conditions are necessary for the protection of the public health and for reasons of safety, comfort and convenience. If the nature of the conditional use involves more than one such use, the applicant may apply for a building permit or site plan permit for the conditional use which most closely relates to the primary use; provided that the requirements of the related uses will also be met.
(d) Expiration. A conditional use granted by the Board shall terminate at the end of one year from the date of the written decision, unless within such one year period, the applicant is issued a building permit or site plan permit. Any person to whom is issued a building and/or conditional use permit for a conditional use, who fails to commence construction within 12 months after such permit is issued, who fails to carry to completion the total development plan thereof within three years after such construction is begun, whichever is later, or who fails to conform to the provisions of the appropriate conditional use regulations of this Zoning Code, any conditions placed by the Board in its approval, the development plan and/or supporting data finally approved by the Board and upon the basis of which such building and or conditional use permit was issued, may be required by the Board, upon written petition of any person deeming himself aggrieved or upon the administrative action of the Administrator, to show cause why such approval should not be withdrawn and why such building and/or conditional use permit should not be revoked.
(e) Amendments. The holder of a building permit for a conditional use may apply to the Board at any time for an alteration, change, amendment or extension of the application or development plan upon which such permit was based. Upon receipt of such application, the Board shall proceed as in the case of original applications for a building permit for a conditional use. In the event the Board shall approve and order such application or development plan changed, altered, amended or extended, it shall so notify the Administrator who shall issue an amended building permit accordingly.
(Ord. A-3075. Passed 1-24-22.)