(a) Conditional Use Application Requirements. When a proposed use is permitted in a zoning district as a conditional use as set forth in the district regulations, an ordinance or resolution enacted by Council approving the conditional use is required prior to the issuance of a zoning certificate. The owner, or agent thereof, of property for which such conditional use is proposed shall file with the Planning Director an application accompanied by payment of the required fee established by Council.
For all districts the application for a conditional use certificate shall disclose all uses proposed for the development, their location, extent and characteristics.
In a C-5 Highway Services District, the owner of a multi-tenant building, or agent thereof, may, as an alternative, apply for a C-5 multi-tenant block conditional use zoning certificate. The application for a C-5 multi-tenant block conditional use zoning certificate shall disclose the following:
(1) The percent of the available space in the multi-tenant building that is reserved for personal services which percent shall not exceed twenty-five percent (25%) of the available building space;
(2) The percent of the available space in the multi-tenant building that is reserved for retail which percent shall not exceed fifty percent (50%) of the available building space, nor shall any individual retail business space exceed 4,000 square feet; and
(3) The combined total personal service and retail space shall not exceed fifty percent (50%) of the available building space.
A multi-tenant block conditional use zoning certificate once granted will allow a developer or owner of a multi-tenant building to lease/sell one hundred percent (100%) of the space in accordance with the limits stated above without requiring each individual user to apply for a conditional use certificate.
The application for a conditional use certificate in any district shall include, unless parts are not applicable or necessary and are waived by the Planning Director for certain types of projects, a site plan and associated documentation as required in Section 1137.03(c).
(b) Planning Commission Review of Conditional Uses.
(1) A complete application shall be transmitted to the Planning Commission, at which time the Planning Department may then distribute the application to appropriate administrative departments for review and comment. Administrative review should be completed and the reports/comments available to the Planning Commission at the time of the Commission's review.
(2) The Planning Commission shall review the proposed conditional use, as presented on the submitted plans and specifications, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of the Comprehensive Plan and this Zoning Code. In making such a determination, the Planning Commission shall find that both the general criteria established for all conditional uses and the specific requirements established for that particular use, as set forth in Title Nine of this Code, shall be satisfied by the establishment and operation of the proposed use.
(4) The Commission may require such additional information as deemed necessary including the carrying out of special studies and the provisions of expert advice.
(c) Action by Planning Commission.
(1) The Planning Commission shall take one of the following actions:
A. If the proposed conditional use is found to be appropriate, the Planning Commission shall recommend that Council, by ordinance or resolution, approve a conditional use certificate. As part of the recommendation, the Planning Commission may prescribe appropriate conditions, stipulations, safeguards and limitations on the duration of the use and recommend variances as it may deem necessary and in conformance with the intent and purposes of this Code for the protection of nearby property and the public health, safety, and general welfare of the community.
B. If the proposed use is found to be not in compliance with the specifications of this Zoning Code, or not appropriate to or in keeping with the purpose, policies, and intent of the Comprehensive Plan, the Planning Commission shall recommend the denial of the conditional use certificate.
(2) With the concurrence of the applicant, the Planning Commission may take such additional time as is necessary to further study the proposal and consider modifications thereto. These considerations may include the applicant's further preparation or modification of plans and specifications and any studies or expert advice sought by the Planning Commission to assist in their evaluation. Studies and expert advice may be provided by appropriate City officials; i.e., the City Engineer, the director of planning and development, building inspector, or by other recognized and duly certified experts. The cost of securing expert advice and studies, including the use of City officials' time in excess of that normally provided under these regulations, shall be borne by the applicant, who shall pay said costs prior to the issuance of the conditional use certificate.
(3) Failure of the Planning Commission to act within 60 days, exclusive of summer vacation and holidays, from the date the application was deemed complete, or an extended time period as may be agreed upon, shall at the election of the applicant be deemed a denial of the conditional use application.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
(d) Council Review; Notice. Following action by the Planning Commission, the conditional use application, along with the Planning Commission's recommendation and the City Arborist's approved landscaping plan, shall be submitted to Council for review and approval. The City shall post on the subject site notice of Council's pending review of said conditional use application within one week after Council receives an application from the Planning Commission. In its review of the conditional use application and recommendation of the Planning Commission, Council shall consider and weigh the same factors and criteria as established for Planning Commission review.
(Ord. 2018-61. Passed 1-25-18.)
(e) Action by Council.
(1) Council, by majority vote, may enact a resolution granting a conditional use certificate recommended by the Planning Commission. Council action which differs from or departs in substantive form from the recommendation of the Planning Commission shall not take effect unless approved by five members of Council, except that no ordinance or resolution may be enacted without the affirmative vote of at least four Council members.
(2) Failure of Council to act within 90 days after the introduction of a Council ordinance regarding a Planning Commission’s recommendation, shall at the election of the applicant be deemed a denial of the conditional use certificate.
(f) Supplementary Conditions. Council may impose such additional conditions and safeguards as deemed necessary for the general welfare, for the protection of individual property rights and for ensuring that the intent and objectives of this Zoning Code are observed.
(g) Term and Assignability.
(1) A conditional use certificate shall be deemed to authorize a particular conditional use, on a specific parcel for which it was approved. The conditional use certificate is nonassignable and shall expire one year from the date of enactment, unless prior thereto the applicant commences actual construction and erection. There shall be no modification of a conditional use certificate except by resolution of Council. Any changes in an approved plan shall be resubmitted for approval in accordance with this section. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan shall have been completed.
(2) Extension of a conditional use certificate shall comply with the following:
A. Extension of conditional use certificates without modification may be applied for during the month prior to the date of expiration, if the certificate does not carry a prohibition against the extension. Extensions may be granted by the Planning Commission if the Commission finds the request to be consistent with the purpose, policies, and intent of the Comprehensive Plan, the specifications of the Zoning Code, and any specific conditions considered and applied by Council in its original granting of the original conditional use certificate.
B. Applications for extensions shall be made to the Planning Commission and shall meet the provisions for applications for conditional use certificates.
C. Requests for renewal of expired conditional use certificates shall be considered to be the same as an application for a conditional use certificate and shall meet all requirements for application, review by Planning Commission, and action by Council.
(Ord. 2007-222. Passed 1-10-08.)