(a) The BZA shall approve an application for a conditional use permit, subject to such reasonable conditions and restrictions as are directly related to and incidental to the proposed conditional use permit, if it finds that the following general standards have been met:
(1) The structure being considered for a Conditional Use Permit was not constructed to be used as a Permitted Use in the zoning district.
(2) The proposed use is generally compatible with the goals of the adopted comprehensive plan.
(3) The proposed use shall be in harmony with the appropriate and orderly development of the district, taking into consideration the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with such use, the size of the site in relation to the use, the assembly of persons in connection with the use, and the location of the site with respect to streets giving access to the site.
(4) The proposed conditional use shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings, taking into consideration the location and nature of the use the architecture of the building where the use is proposed in relation to surrounding structures or greenspace, the location, nature, and height of walls and fences, and the nature and extent of landscaping on the site.
(5) Neighborhood character and surrounding property values shall be reasonably safeguarded.
(6) Operations in connection with the use shall not be offensive, dangerous, destructive of property values and basic environmental characteristics, or detrimental to the public interest of the City. They shall not be more objectionable to nearby properties by reason of fumes, noise, vibration, flashing of or glare from lights, and similar nuisance conditions than the operations of any permitted use not requiring a conditional use permit in the district.
(7) Parking areas should be of adequate size for the particular use, properly located, and suitably screened at all seasons of the year from adjoining residential lots and streets or roadways. Adequate provision for safe and accessible off-street parking and loading spaces should be provided to address the parking in public streets of the vehicles of persons associated with or visiting the use.
(8) The entrance and exit drives shall be adequate as to satisfy concerns of public safety and efficient use of the property.
(9) The use shall not cause undue traffic congestion or create a traffic hazard.
(10) The general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Such landscaping shall include the preservation of existing trees to the extent practicable.
(11) The proposed use must be appropriately located with respect to fire and police protection, waste disposal, and similar facilities and services, depending upon the nature of the conditional use.
(12) The character and appearance of the proposed use, buildings, structures, and/or outdoor signs shall be in general harmony with the character and appearance of the surrounding neighborhood.
(13) The use shall make a good faith effort to meet the prescribed requirements for the district in which located or as further specified in the supplementary regulations for such matters as required off- street parking, and sign regulations. These requirements may be evaluated by the BZA on a case- by-case basis or by a request for a variance from the BZA.
(14) The level of services required to support the proposed activity or use is or will be available to meet the needs of the proposed activity or use. This consideration shall include the suitability of water supply and sanitary sewage facilities, whether private or publicly provided, to accommodate the intended use.
(15) The use shall be carried out in a manner compatible with its environmental setting and with due consideration to the protection of natural resources.
(16) The proposed use has no adverse effect on the public health, safety, and welfare.
(b) Other Conditions and Restrictions.
(1) The BZA shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed conditional use permit.
(2) The BZA shall require additional conditions and restrictions as may be necessary to assure continual conformance to all permit provisions.
(c) Waiver of Conditions and Restrictions.
(1) The BZA may waive any dimensional or other requirement for the approval or approval with modifications of conditional use permits, due to special conditions peculiar to the site. Such waiver may be exercised in the event a requirement is found to be inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary and unnecessary hardship. The BZA may waive said requirements wherever, in the opinion of the BZA, such waiver will not be detrimental to the public health, safety, or general welfare or have the effect of nullifying the intent and purpose of this article.
(2) The terms and conditions of a conditional use permit may be modified by application to the BZA in the same manner as an application for a new conditional use permit. In the event that the modification sought is deemed insubstantial by the BZA, the Board may waive one or more of the requirements of this section. If the modification is deemed substantial, a new conditional use permit shall be required.
(d) Issuance of Permit. Upon its granting of said conditional use permit, any required terms and conditions must be met in connection with the issuance of permits by applicable agents or officers of the city. The Building Inspector shall not issue the permit for which the application has been made until receipt of written permit approval from the BZA.
(e) Conditional Use Permits - Specific to the Applicant. The conditions placed upon an application for a conditional use expire if the original applicant ceases to operate or utilize the premises as provided in the conditional use application as approved by the BZA. There is no “grandfathering” provisions applicable to a Conditional Use Permit as described in this section.
(Ord. 13707. Passed 11-18-08.)