Any conditional use approved by the Planning and Zoning Commission shall conform to the standards set forth for such uses below. These standards shall be construed to be the minimum requirements for any of the specified conditional uses, and the Planning and Zoning Commission may require additional reasonable stipulations at their discretion. In all cases, the impact of the proposed use on adjacent properties shall be a major consideration.
(A) Procedure.
(1) The Planning and Zoning Commission may authorize by conditional use permit, those uses specifically designated as conditional uses in §§ 155.030 through 155.040, and §§ 155.055 through 155.061. The Planning and Zoning Commission shall impose such conditions as are appropriate and necessary to insure compliance with the Comprehensive Plan and protect the health, safety, and general welfare as they pertain to the criteria contained in § 155.095(E)(b) in the issuance of the conditional use permit.
(2) The Planning and Zoning Commission shall not consider the following when placing conditions on a conditional use permit application: race, color, religion, sex, national origin, familial status, disability, age, cost of construction, property values, owner of land or property, rental use of property, or any other monetary consideration.
(B) Application. To obtain a conditional use permit, the applicant shall file an application, therefore, in writing on a form furnished by the Zoning Administrator. Every application shall contain the following information:
(1) Legal description of the land on which the conditional use is requested, together with a local street address;
(2) Name and address of each owner of the property;
(3) Name, address, phone number and signature of the applicant;
(4) Zoning district classification under which the property is regulated at the time of such application;
(5) Be accompanied with a site plan, unless waived by the Zoning Administrator; and
(6) Any other information concerning the property as may be requested by the Zoning Administrator or the Planning and Zoning Commission.
(C) Fees. Upon the filing of any application for a conditional use permit with the Zoning Administrator, the applicant shall pay to the city the appropriate fee as designated by resolution of the Vermillion City Council.
(D) Information on site plan.
(1) In addition to the following information, plans shall be drawn to scale upon substantial paper, or provided electronically, and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show, in detail, that it will conform to the provisions of this section and all relevant laws, ordinances, rules and regulations. The Zoning Administrator may waive the submission of plans, if he or she finds that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this section.
(a) The address of the property and the legal description.
(b) The name of the project and/or business.
(c) The scale and north arrow.
(d) All existing and proposed buildings or additions.
(e) Dimensions of all buildings.
(f) Distance from all building lines to the property lines at the closest points.
(g) Building height and number of stories.
(h) Dimensions of all property lines.
(i) Parking lots or spaces; designate each space, give dimensions of the lot, stalls and aisles.
(j) Screening; show height, location, and type of material to be used.
(k) The landscaped setback and trees; indicate species of trees and material to be used for landscaping.
(l) Name and location of all adjacent streets, alleys, waterways and other public places.
(2) Approved plans shall not be changed, modified, or altered without authorization from the Planning and Zoning Commission giving final approval, and all work shall be done in accordance with the approved plans.
(E) Review and public hearing procedure.
(1) Prior to the approval of a conditional use permit, the Zoning Administrator shall meet with the applicant to review the application. After review of the application, the Zoning Administrator shall make a recommendation to the Planning and Zoning Commission to either approve or not approve the application. The Zoning Administrator’s recommendation shall include a summary of the application, and the reasons and justification for either approval or disapproval of the application.
(2) The Zoning Administrator shall set the date, time and place for a public hearing to be held by the Planning and Zoning Commission. The Zoning Administrator shall notify the landowner by mail, and shall post notices of the public hearing at City Hall and on the property affected by the proposed conditional use permit no less than 7 days prior to the scheduled public hearing. No less than 10 days before the public hearing, the Zoning Administrator shall publish notice of the public hearing in a legal newspaper of the city.
(3) The following procedure shall be followed by the Planning and Zoning Commission in considering the recommendation of the Zoning Administrator:
(a) A public hearing shall be held. Any person may appear in person, or by agent or attorney. Minutes of the public hearing shall be recorded and kept in the records of the Planning and Zoning Commission.
(b) Before any conditional use permit shall be granted, the Planning and Zoning Commission shall make written findings certifying that the conditional use being reviewed complies with the city’s Comprehensive Plan and all current ordinances governing the individual conditional uses and that satisfactory provisions and arrangements have been made concerning the following, where applicable:
1. Ensure that ingress and egress to the property is as required by § 154.14(E);
2. Review and, if necessary, place conditions to ensure automotive and pedestrian safety, traffic flow and control, and access in case of fire or catastrophe within the development;
4. Ensure that refuse areas are provided for within the development;
5. Ensure that developments have appropriate fire protection (fire hydrants, fire suppression systems, etc.);
6. Ensure that screening and buffering with reference to type, dimensions and character complies with § 155.077 or any requirements within the zoning district where the development will occur;
7. Ensure that the proposed exterior lighting complies with § 155.077;
8. Ensure that all of the setbacks are being met for the development as set within the respective zoning district;
9. Review and, if necessary, place conditions to ensure general compatibility with adjoining properties and other property in the zoning district in which such use is to be located; and
10. Review and, if necessary, place conditions to ensure that the conditional use meets the goals and objectives of the most recently adopted comprehensive plan.
(c) The Planning and Zoning Commission shall decide whether to grant the conditional use with such conditions and safeguards as are appropriate or to deny a conditional use when not in harmony with the purpose and intent of these regulations. The decision of the Planning and Zoning Commission shall be final unless an appeal is filed in accordance with § 155.095(F).
(F) Appeal of Planning and Zoning Commission decision. The decision rendered by the Planning and Zoning Commission on a conditional use permit may be appealed to the City Council. The applicant or any other person aggrieved by the decision of the Planning and Zoning Commission shall file a written appeal with the Zoning Administrator within 5 working days of the Planning and Zoning Commission’s decision. When an appeal is filed, the Zoning Administrator shall present the Planning and Zoning Commission’s decision to the City Council for review. Notice of the meeting shall be given as required by § 155.095
(E). The City Council shall vote to either uphold, overrule or amend the decision of the Planning and Zoning Commission.
(G) (1) Expiration. A conditional use permit shall expire 1 year from the date upon which it becomes effective if no work has commenced. Upon written request to the Zoning Administrator and prior to the conditional use permit expiration date, a single 1-year time extension for the conditional use permit may be granted by the Zoning Administrator, subject to the following conditions:
(a) The land uses for the surrounding properties have not significantly been altered since the original approval date for the conditional use permit;
(b) Due to other on-going permitting processes or necessary engineering/planning studies relating to the specific project for the conditional use permit that may impact the one-year schedule for project completion.
(2) A conditional use permit approved in accordance with § 155.095 shall expire one year after the use discontinues on the premises, or the use is changed to another permitted use in the underlying district.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1254, passed 5-16-2011; Am. Ord. 1409, passed 12-2-2019)