(a) Applications. An application for a hearing for a Conditional Use Permit shall be submitted to the Director of Planning and Building by the applicant at least ten days before the next regular meeting of the Municipal Planning Commission. After such application has been filed with the Director of Planning and Building, it shall be transmitted to the Commission. A fee of twenty-five dollars ($25.00) shall accompany each application for a Conditional Use Permit.
(Ord. 09-2013. Passed 4-15-13.)
(b) Hearings. The Commission shall fix a reasonable time for the hearing of an application for a conditional use permit and give the public notice thereof at least seven days prior to the hearing by posting a description of the application on the City's website. The property that is the subject of the application shall be posted with a placard stating the date and location of the hearing. At this hearing, any party may appear in person or by attorney.
(Ord. 01-2017. Passed 1-17-17.)
(c) Decisions of the Commission; Appeal to Council.
(1) The Commission shall decide all applications for conditional use permits within twenty-one days after the final hearing thereon, provided that it has received and has had an opportunity to consider any reports or studies which may have been requested under these regulations.
(Ord. 83-94. Passed 4-10-95)
(2) The applicant shall be notified in writing of the Commission's decision. Such notice shall be transmitted by the Director of Planning and Building.
(Ord. 09-2013. Passed 4-15-13.)
(3) Any person, firm or corporation, or any officer, department, board or agency of the City who has been aggrieved or affected by any decision of the Commission involving an application for a conditional use permit, or any member of Council, whether or not aggrieved or affected, may appeal from such decision to Council by filing notice of intent to appeal within seven days and filing a petition with the Clerk of Council within fifteen days from the date of the decision and setting forth the facts of the case. Council shall hold a public hearing on such appeal not later than thirty days after such appeal has been filed with the Clerk of Council. Council, by an affirmative vote of four of its members, shall decide the matter on the merits of the case do novo after giving due consideration to the deliberations and decisions of the Commission and Council's decision shall be final.
(Ord. 83-94. Passed 4-10-95.)
(d) Basic Standards and Review Elements.
(1) The following general elements are to be considered when hearing applications for conditional use permits:
A. Effect on traffic pattern;
B. Effect on public facilities;
C. Effect on sewerage and drainage facilities;
D. Utilities required;
E. Safety and health considerations;
(Ord. 37-90. Passed 5-29-90.)
F. Noise, odors and other noxious elements, including hazardous substances and other environmental hazards;
(Ord. 83-94. Passed 4-10-95.)
G. Hours of use;
H. Shielding or screening considerations for neighbors; and
I. Appearance and compatibility with the general neighborhood.
(Ord. 37-90. Passed 5-29-90.)
(2) Under the authorization granted in Section 1127.02(g) hereof, the Commission shall have the power to decide applications for conditional uses in those cases specified in Chapter 1147. In considering such application, as provided for in this section, the Commission shall give due regard to the nature and condition of all adjacent uses and structures, and may impose such requirements and conditions as the Commission may deem necessary for the protection of adjacent properties and the public interest, including specific limitations as to future expansion. In its consideration of any conditional use permit application, the Commission may request environmental impact studies and may request and receive reports and studies, from various local and state agencies and departments having jurisdiction over the property indicating whether there exist any issues relating to or involving any hazardous substances or environmental laws which would:
A. Affect the use of the property under consideration, or
B. Affect surrounding properties by such proposed use.
After the conditional use permit has been approved, any changes, alterations, adjustments or rearrangements of or additions to structures, parking areas, entrances, heights, yard or area requirements, or any change in the conditional use that would affect any of the basic standards or review elements set forth in this section, shall be submitted to the Commission for approval in accordance with the procedure set forth herein for an original conditional use application. Such application shall be considered by the Commission in accordance with the basic standards and review elements set forth in this section and, thereafter may be approved, rejected or modified and approved by resolution of the Commission. The procedure set forth in subsection (c) hereof shall also apply to requests for amendments to conditional use permits.
(Ord. 13-2015. Passed 4-6-15.)
(3) The following basic standards shall apply to conditional uses in any "S", "AR" or "R" District:
A. The location, size, nature and intensity of the use, operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it, shall be such that both pedestrian and vehicular traffic to and from the use will not be hazardous, inconvenient or conflict with the normal traffic on residential streets, taking into account the relation to main traffic thoroughfares and to street intersections, parking, screening and the general character and intensity of development of the area. The provisions for parking, screening and signage shall also be specified by the applicant and considered by the Commission.
B. The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(4) The following basic standards shall apply to conditional uses in any "C" or "I" District: the location, size, nature and intensity of the use, operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it, shall be such that both pedestrian and vehicular traffic to and from it will not be hazardous, both at the time and as the same may be expected to increase with increasing development of the Municipality. The provisions for parking, screening, setback, lighting, loading and service areas and sign location and area shall also be specified by the applicant and considered by the Commission.
(5) The following basic standards shall apply to residential conditional uses in the C-5 District: demonstration of provision of adequate, private, off-street parking for vehicles associated with the residence and such vehicles shall be limited to private passenger vehicles; provision of private, off-street refuse collection, demonstration that all provisions of the Building Code of the City shall be met as a condition of approval, and that the residence shall meet the minimum floor area requirements established in Section 1301.11 of the Codified Ordinances for three or more family dwellings. In addition, such residential uses shall not interrupt normal business proceedings in the C-5 District.
(Ord. 37-90. Passed 5-29-90.)