When a proposed use is permitted in a zoning district as a conditional use as set forth in the district regulations, a conditional use permit is required and the application for such conditional use permit shall be submitted and reviewed according to the following:
(a) Designation as a Conditional Use.
(1) Certain types of uses are classified as conditional uses because of their uncommon or unique characteristics, infrequency of occurrence, large area requirements, or potential for significant impact on a particular district. Consequently, the conditional use procedures call for a more flexible and equitable procedure for properly accommodating such activities in the community. The forces that influence decisions regarding the nature, magnitude and location of such types of land use activities are many and varied, depending upon functional characteristics, competitive situations, and the availability of land. The purpose of this section is to provide controllable and reasonably flexible requirements for certain kinds of uses that will allow practicable latitude for the investor, but that will, at the same time, maintain adequate provisions for the health, safety, convenience and general welfare of the City's inhabitants.
(2) In order to accomplish such a dual objective, this Section sets forth a review procedure that enables a more detailed consideration of each conditional use in regards to the proposed conditions of location, design, size, operation, intensity of use, generation of noise, lighting, traffic and traffic movement, concentration of population, processes and equipment employed, and amount and kinds of public facilities and services required, together with many other factors. Review of this information by the Planning Commission is required to ensure that each proposed conditional use is consistent with the intent and objectives of the particular district in which it is to be located.
(b) Submission of Application. The owner, or agent thereof, of property for which such conditional use is proposed shall file with the Building and Zoning Inspector an application for a conditional use permit accompanied by payment of the required fee established by Council. The application for a conditional use permit shall disclose all uses proposed for the development, their location, extent and characteristics and shall include a development plan and associated documentation as required in Section 1109.04(b) unless specific items required in Section 1109.04(b) are determined by the Building and Zoning Inspector to be inapplicable or unnecessary and are waived in writing by the Building and Zoning Inspector.
(c) Review for Completeness. The Building and Zoning Inspector shall review the application for completeness with the submission requirements prior to the application being placed on the agenda of the Planning Commission.
(d) Distribution of Application. The application shall be transmitted to the Planning Commission as well as other agencies as follows:
(1) The application may be transmitted to appropriate administrative departments and professional consultants for review and comment.
(3) Any department reports, comments or expert opinions shall be compiled by the Building and Zoning Inspector and transmitted to the Planning Commission prior to the time of the Commission's review. All reports and the complete application shall be submitted to the Planning Commission not less than 16 days prior to the meeting at which the application is to be reviewed.
(e) Public Hearing and Notice by Planning Commission. The Planning Commission shall hold a public hearing on the application. Notice of such public hearing shall be given by first class mail or email to the property owners within 300 feet of the proposed use and further notice shall be given in one or more newspapers of general circulation in the City at least 10 days before the date of said public hearing. All notices shall set forth the time and place of the public hearing and the nature of the proposed conditional use. Failure of delivery of such notice shall not invalidate action taken on such application.
(f) Review Criteria. 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 this Planning and Zoning Code and with the criteria set forth below.
(1) A conditional use, and uses accessory to such conditional use, may be permitted in a district only when specified as a conditional use in such district.
(2) General Criteria for All Conditional Uses. The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence that:
A. The conditional use in the proposed location will be harmonious and in accordance with the purpose, intent and basic planning objectives of this code and with the objectives for the district in which located and with the Comprehensive Plan;
B. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare;
C. The conditional 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 essentially change the character of the same area;
D. The hours of operation of the proposed use are similar to a use permitted in the district.
E. The conditional use will not be hazardous or disturbing to the existing and future use and enjoyment of property in the immediate vicinity for the uses permitted, nor substantially diminish or impair property values within the neighborhood;
F. The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
G. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
H. Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets;
I. The establishment of the conditional use should not be detrimental to the economic welfare of the community by creating excessive additional requirements at public cost for public facilities such as police, fire and schools;
J. There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible;
K. The design and arrangement of circulation aisles, parking areas, and access drives shall be in compliance with the regulations set forth in Chapter 1161 and shall provide for interconnecting circulation among adjacent parcels.
L. If the conditional use is proposed in a residential district, the proposed use would generate only a minimum of traffic through a residential neighborhood if located on a local street.
(3) Conformance with District and Use-Specific Regulations. A conditional use shall conform to regulations of the district in which it is located, and to other substantive requirements of this Planning and Zoning Code, as well as satisfy the conditions, standards and requirements of Chapter 1155. In the event there is a difference between the provisions of the district regulations and the use-specific regulations, the provisions of Chapter 1155 shall prevail, unless clearly indicated differently in the regulations.
(4) In addition, the Planning Commission shall review the development plan for the proposed conditional use according to the development plan review procedures set forth in Section 1109.04(g).
(5) The Commission may require such additional information as deemed necessary, including the carrying out of special studies and the provisions of expert advice.
(g) Action by Planning Commission. The Planning Commission shall take one of the following actions:
(1) If the proposed conditional use is determined by the Planning Commission to be appropriate, the Planning Commission shall approve the conditional use application. As part of the approval, the Planning Commission may prescribe appropriate conditions, stipulations, safeguards and limitations on the duration of the use as it may deem necessary and in conformance with the intent and purposes of this Code for the protection of individual property rights and the public health, safety, and general welfare of the community and ensuring that the intent and objective of this Planning and Zoning Code are observed.
(2) If the proposed use is found to be not in compliance with the specifications of this Planning and Zoning Code, or not appropriate to or in keeping with the purpose, policies and intent of the Comprehensive Plan, the Planning Commission shall reject the application.
Failure of the Planning Commission to act within sixty days from the date the application was deemed complete, or an extended period as may be agreed upon, shall at the election of the applicant be deemed a denial of the application.
(h) Environmental Assessment Statement. Prior to the approval of a conditional use permit, the Planning Commission shall consider all comments and/or recommendations regarding the Environmental Assessment Statement as provided in Section 1109.12(f).
(i) Terms and Duration of Conditional Use Permit. A conditional use permit shall be deemed to authorize a particular conditional use on a specific parcel for which it was approved. The conditional use permit is nonassignable and shall expire one year from the date of enactment, unless substantial progress is accomplished or as otherwise specifically approved by Planning Commission. The breach of any condition, safeguard or requirement shall automatically invalidate the conditional use permit granted, and shall constitute a violation of the Planning and Zoning Code. Such violation shall be punishable as per Section 1113.04. A conditional use
permit issued pursuant to this section shall be valid only to the applicant to whom the permit is issued, unless a transfer of such permit has been approved by the Building and Zoning Inspector.
(j) Reapplication. An application for a conditional use permit which has been denied wholly or in part by the Planning Commission and is resubmitted to the Planning Commission shall comply with all the requirements of this section, including payment of the required fee. (Ord. 2020-21. Passed 2-18-20.)