Planning Commission approval of a conditional use shall be required for certain types of principal uses. Such uses may be permitted and desirable in certain districts, but not without consideration in each case of the effect of the use upon neighboring land and public need for the particular use at the particular location. The application of the planning standards for determining the location and extent of such use is a planning function and not in the nature of a variance or appeal.
Enumerated throughout this Code are certain uses and districts in which conditional uses may be permitted, provided the following standards are fulfilled and permission for a conditional use is granted by the Planning Commission with a mandated public hearing.
(a) Application. Any application for a conditional use shall be made to the Code Enforcement Officer and he shall submit it to the Planning Commission on a special form for this purpose. The application shall be filed by at least one owner or lessee of property for which such conditional use is proposed. At a minimum the application shall contain the following information:
(1) Name, address, and phone number of applicant.
(2) Legal description of property.
(3) Description of nature of request; existing and proposed use of land, buildings or structures.
(4) Zoning district.
(5) A plan, neatly and legibly drawn or reproduced on business size paper or larger as maybe necessary to adequately depict the information, showing the following where applicable.
A. The street providing access to the lot and the exact location of the lot in relation to the nearest cross street.
B. The name of the concerned plot plan, if any, and the lot numbers of the concerned and abutting properties.
C. The actual dimensions of the lot, the yard and other open space dimensions thereof and the location and size of any existing structure thereon.
D. The location and size of the proposed structure, and/or the proposed enlargement of the existing structure.
E. The location and size of the parking area and the circulation layout.
F. The proposed landscaping, signs and any other uses on the property.
G. An elevation drawing for any proposed new structures or major additions.
H. Any other information which in the judgment of the Zoning Inspector may be necessary to provide for the enforcement of this Code.
(b) Standards for Evaluating Conditional Uses. An application for a conditional use shall not be approved unless the following conditions and standards are complied with as set forth in the following districts:
(1) Residential districts.
A. The proposed use will be harmonious with and in accordance with the objectives of this code.
B. When located on a local street, the proposed use will generate the least possible traffic through a residential neighborhood.
C. The proposed use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the area.
D. The location, design and operation of such use will not discourage the appropriate development, or impair the value of the surrounding residential district.
(2) Business and commercial districts.
A. The proposed use shall be necessary to serve the community needs and that existing similar facilities located in a less restrictive, or more remote districts in which the use may be permitted by right, are inadequate.
B. The location, extent and intensity of the proposed use, shall be such that its operation will not be more objectionable to nearby properties by reason of noise, smoke, dust, odors, fumes, vibration or glare than is normal or is permitted when compared with the performance standards of the district.
C. The proposed use will form a harmonious part of the business of industry districts, taking into account convenience of access and relationship of one use to another.
D. The hours of operation and concentration of vehicles in connection with the proposed use will not be more hazardous or dangerous than the normal traffic of the district.
(c) Supplementary Conditions and Safeguards. In granting any conditional use, after a public hearing, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Code. Violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Code and punishable under Section 1309.99 of this Code.
(d) Planning Commission Action:
(1) It shall be the duty of the Code Enforcement Officer to submit the application to the Planning Commission within ten (10) working days upon receipt of the application. The Planning Commission shall hold a public hearing within sixty (60) days and transmit its recommendations to City Council.
(2) All petitions, applications or resolutions to amend the Code and/or the zoning map shall be subject to a public hearing before the Planning Commission as stated in Section 1313.01.
(3) The Planning Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendments be denied.
(e) Action by Council. Within sixty (60) days after the Planning Commission has made its recommendation, Council shall either adopt or deny this recommendation of the Planning Commission or adopt some modification thereof. In the event that Council adopts, denies or modifies the recommendation of the Planning Commission, it shall do so by a majority vote of City Council.
(f) Procedure for Hearing Notice: The Planning Commission shall take action upon an application for a conditional use within sixty (60) days after notification from the Code Enforcement Officer. If the application is disapproved by the Planning Commission, the applicant may go to Vienna City Council to seek relief.
(g) Expiration of Conditional Use. Permit approval of a conditional use by the Planning Commission shall become null and void if the construction of the building or site improvements or activities are not started within a six month period after date of approval. Approval shall be deemed to authorize only one particular conditional use and shall automatically be void if, for any reason, the conditional use shall cease for more than one year. (Passed 5-22-97.)