(a) Purpose. The purpose of a conditional use procedure is to allow consideration for certain uses that due to the use's unique and special nature relative to location, design, size, operations, circulation, and general impact on the community, need to be evaluated on a case-by-case basis.
(b) Applicability.
(1) This section shall apply to all applications for establishment of a new conditional use.
(2) This section shall also apply to any proposed change, modification, enlargement, or alteration of an approved conditional use, or the site development conditions, or operations of an approved conditional use unless the Zoning Administrator determines that the alteration is minor in nature, in which case, the alteration can be reviewed through the zoning certificate application.
(c) Existing Used Deemed a Conditional Use. Any lawfully existing use that, at the time of its establishment, was not classified as a conditional use, but which now, because of the passage of an amendment to this code, is listed as a conditional use in the district in which it is located, shall be deemed without further action to be an approved conditional use.
(d) Conditional Use Review Procedure. The review procedure for a conditional use review shall be as established in this section. A pre-application meeting (See Section 1105.02(e)) is encouraged, but not mandatory, prior to submission of the application.
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1105.02, and with the provisions of this section.
(2) Step 2 - Staff Review and Transmission to the Planning Commission.
A. Upon determination that a conditional use application is complete, the Zoning Administrator shall distribute the application to all appropriate City departments and professional consultants for review and comment. Any comments or expert opinions shall be returned to the Zoning Administrator for transmission to the Planning Commission.
B. The Zoning Administrator shall distribute the application and any reports prepared as part of Subsection 1105.04(d)(2)A prior to the Planning Commission's meeting where the application is to be reviewed.
(3) Step 3 - Planning Commission Review and Decision.
A. Within 60 days after the application is determined to be complete, the Planning Commission shall hold a public hearing on the conditional use application.
B. In reviewing the application, the Planning Commission shall at a minimum, consider the reports and opinions transmitted by the Zoning Administrator and the review criteria of this section.
D. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application.
E. If the Planning Commission fails to act within 60 days from the date of the initial public hearing, or an extended period as may be agreed upon by the Planning Commission and applicant, then the application shall be considered denied.
(e) Review Criteria. Decisions on a conditional use application shall be based on consideration of the following review criteria. All conditional uses shall be subject to review under the criteria of this section, as applicable, and may be subject to additional use-specific standards established in Chapter 1109: Principal Use Regulations.
(1) The proposed conditional use is established as an allowed conditional use in the applicable zoning district;
(2) The proposed use and design is consistent with the spirit, purpose and intent of the comprehensive plan and the general purpose of this code;
(3) The proposed use complies with any use-specific standards as may be established for the use;
(4) Any building or structure constructed, reconstructed, or altered as part of a conditional use in a residential zoning district shall, to the maximum extent feasible, have an exterior appearance that the Planning Commission deems compatible with surrounding residential buildings in scale, height, and building materials.
(5) The conditional use shall have suitable landscaping, screening, and fencing wherever deemed necessary by the Planning Commission to protect surrounding uses;
(6) The proposed use will comply with all applicable development standards;
(7) The proposed use will be harmonious with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area;
(8) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;
(9) The circulation on and access to the property shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;
(10) The design of the buildings, structures, and site will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance;
(11) The proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; and
(12) Wherever no specific areas, frontage, height, or setback requirements are specified in the requirements for a specific conditional use, then such use shall be subject to the site development standards for the applicable zoning district.
(f) Additional Criteria and Conditions.
(1) The Planning Commission shall be authorized to waive or modify requirements that apply to the conditional use as may be necessary to achieve compatible development with adjacent land areas and use as well as in the interest of the community in general where the Planning Commission finds that such waiver or modification will further the protection of the general welfare, protect individual property rights, and ensure that the conditional use will meet the intent and purposes of this code.
(2) The Planning Commission may also impose additional conditions, guarantees, and safeguards as it deems necessary to protect the general welfare and individual property rights, and to ensure that the conditional use will meet the intent and purposes of this code.
(3) All activities, programs and other events proposed on plans shall be directly related to the conditional use so granted, and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
(g) Revocation of a Conditional Use Approval. The breach of any condition, safeguard, or requirement shall automatically invalidate the conditional use approval, and shall constitute a violation of this code. Such violation shall be punishable as specified in Chapter 1133: Enforcement and Penalties.
(h) Existing Use Reclassified as a Conditional Use. In the event an existing use that was permitted by right at the time the use was established is thereafter reclassified as a conditional use in the applicable district due to a zoning text amendment, such use shall be considered to be an approved conditional use without any further action. However, any subsequent change to such use shall require review and approval by the Planning Commission in accordance with this section. Such use, provided it is conditionally permitted in the applicable district, shall not be considered a nonconforming use.
(i) Time Limit.
(1) A conditional use approval shall be deemed to authorize only one particular conditional use and said permit shall automatically expire if, for any reason, the conditional use shall cease for more than one year.
(2) The applicant shall receive approval of a zoning certificate within one year of the date the conditional use was approved and comply with the time limits of the approved zoning certificate or the approval shall expire.
(3) Upon expiration of a conditional use approval, a new application, including all applicable fees, shall be required before a conditional use application will be reviewed.
(4) Upon written request, one extension of six months may be granted by the Zoning Administrator if the applicant can show good cause for a delay.
(5) As part of the conditional use approval, the Planning Commission may authorize alternative time limits for zoning certificate issuance based on the scale of the proposed development.
(j) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission shall have the right to appeal the decision to the BZA as established in Section 1105.13.
(Ord. 2018-009. Passed 5-7-18; Ord. 2019-17. Passed 10-7-19.)