Conditional use permits shall be required for types of uses designated as conditionally permitted in a particular use district. Such particular use 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 the effect the neighboring land will have on the use. 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. Conditional use permits shall run with the land and not the applicant/owner.
(a) Conditional Use Process.
(1) The Planning Commission may hear and decide upon applications for a conditional use permit in accordance with the provisions of these regulations.
(2) In considering an application for a conditional use permit, the Planning Commission must make an affirmative finding that the proposed conditional use is to be located in a district wherein such use may be conditionally permitted, and that all conditions for approval of conditional uses have been met. The Planning Commission shall give due regard to the nature and condition of all adjacent uses and structures and the consistency therewith of the proposed conditional use and any potential nuisances.
(3) No public hearing need be held by the Planning Commission in considering an application for a conditional use permit, except when the Commission deems such public hearing to be necessary in the public interest. Notice shall be given not less than ten days prior to the date of public hearing, both by posting notice on the parcel of land involved, at places which will be conspicuous to the neighboring properties and to the public, and by publishing notice in a newspaper of general circulation.
(b) Conditional Use Application. An application for a conditional use permit shall contain the following information:
(1) Completion of the required application form and required fee.
(2) The total area in the development in square feet and acres.
(3) The existing zoning of the property in question and all abutting properties.
(4) All right-of-way and any easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.
(5) Existing topography with a maximum of ten foot contour intervals.
(6) The proposed finished grade of the development shown by contours not larger than five feet.
(7) The locations of all existing and proposed buildings in the described parcels, the uses to be contained therein and the total number of buildings including dimensions, heights, gross floor area and number of stories.
(8) Location and dimension of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, angles of stalls, grades, surfacing materials, drainage plans, and illumination of facilities.
(9) All sidewalks and other pedestrian systems.
(10) Open areas; existing and proposed.
(11) Location of all walls, fences, and buffer yards, including proposed wall, fence or buffer design or composition.
(12) Location, size, height, colors, typeset, materials, lighting, and orientation of all signs.
(13) Location of all existing and proposed streets, highways and alleys.
(14) All existing and proposed water and sanitary sewer lines indicating pipe sizes, types and grades.
(15) The schedule of phasing of the project, if applicable.
(16) Proposed plans for the exterior of the building, including building elevations, photographs and proposed finishes or materials.
(17) A statement and supporting documentation describing how the applicant believes that the request conforms to the standards for conditional uses listed in Section 1254.08(c).
(18) Such other information as required by the Planning Commission to determine the conformance with this Code.
(c) Standards for Conditional Use. The Planning Commission shall not grant a conditional use unless it shall, in each specific case, make specific written findings of fact directly based upon the particular evidence presented to it, that support conclusions that:
(1) The proposed conditional use is a permitted use and will comply with all applicable regulations of this Code, including lot size requirements, development standards and use limitations.
(2) Adequate utility, drainage and other such necessary facilities have been or will be provided.
(3) Adequate access roads or entrance and exit drives will be provided and will be so designed as to prevent traffic hazards and to minimize traffic conflicts and congestion to public streets and alleys.
(4) All necessary permits, and licenses for the use and operation of the conditional use have been obtained, or evidence has been submitted that such permits and licenses are obtainable for the proposed conditional use on the subject property.
(5) All exterior lights for artificial open-air illuminations are so shaded as to avoid casting direct light upon any property located in a residential district and to prevent glare that may cause a nuisance to the public.
(6) The location and size of the conditional use, the nature and intensity of the operation involved or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets given access to it, shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
(7) The location, nature, and height of buildings, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not unreasonably hinder or discourage the appropriate development, use and enjoyment of adjacent land, buildings and structures.
(8) Evidence that the conditional use desired will not adversely affect the public health and safety.
(d) Conditions and Restrictions. In granting a conditional use permit, the Planning Commission may impose such conditions, safeguards and restrictions upon the premises benefitted by the conditional use as may be necessary to comply with the standards set out in this chapter to reduce or minimize potentially injurious affects of such conditional uses upon other property in the neighborhood, and to carry out the general purpose and intent of this Code.
(e) Period of Validity. A conditional use permit granted by the Planning Commission may terminate at the end of one year from the date on which the Planning Commission grants the conditional use if within a one year period a building permit or conditional use certificate is not obtained, the proposed erection or alteration of a structure has not started, or the conditional use as approved has not commenced.
(Ord. 2010-29. Passed 7-5-10.)