[Ord. No. 544 §1, 6-20-2006]
A.
In
order to provide for uses that require particular consideration in
each case because of the nature of the use and its effect on its surroundings
or the City, the following procedures and regulations are established:
1.
Purpose. Conditional uses are land uses which are
considered by the City to be desirable or convenient to the community,
but which by their nature or operation have:
a.
A tendency to generate excessive traffic,
b.
A potential for attracting a large number of persons, thus creating
noise or other pollutants,
c.
A detrimental effect upon the value or potential development of other
properties in the neighborhood, or
d.
An extraordinary potential for accidents or danger to public health
or safety.
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Conditional uses shall be established within their respective
districts.
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2.
Procedures. A conditional use permit may be initiated
by an application by one (1) or more of the owners of record or owners
under contract of a lot or tract of land or their authorized representatives.
Procedures for application, review and approval of a conditional use
permit shall be as follows:
a.
Application. Application for a conditional use permit
for a specific tract of land shall be addressed to the Planning and
Zoning Commission and shall be filed with the Building Commissioner.
The application shall be filed on forms prescribed for that purpose
and accompanied by the following:
(1)
Filing fee as established by the Board of Alderpersons.
(2)
Legal description of the property.
(3)
Preliminary site plan which shall contain not less than the
information required for site plan review as established in site plan
requirements.
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The property owner or authorized representative may submit a
written request to amend the site plan requirements to the Building
Commissioner for review. The Building Commissioner shall evaluate
the request for relevance to the proposed use and the impact upon
the proposal's ability to meet the required burden of proof. If the
site plan requirements are found to be inapplicable or not required
for review, the Building Commissioner may amend or waive the information
requirements set forth herein.
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b.
Burden of proof. In presenting any application for
a conditional use permit, the burden of proof shall rest with the
applicant to clearly establish that the proposed conditional use shall
meet the following criteria:
(1)
The proposed conditional use complies with all applicable provisions
of the applicable district regulations.
(2)
The proposed conditional use at the specified location will
contribute to and promote the welfare or convenience of the public.
(3)
The proposed conditional use will not substantially diminish
the value of other property in the neighborhood in which it is to
be located.
(4)
The location and size of the conditional use, the nature and
intensity of operation involved in or conducted in connection with
it and the location of the site with respect to streets giving access
to it are such that the conditional use will not dominate the immediate
neighborhood so as to prevent development and use of neighboring property
in accordance with the applicable zoning district regulations or the
City's Comprehensive Plan. In determining whether the conditional
use will so dominate the immediate neighborhood, consideration shall
be given to:
(5)
Off-street parking and loading areas will be provided in accordance
with the standards set forth in these regulations.
(6)
Adequate utility, drainage and other such necessary facilities
have been or will be provided.
(7)
The proposed uses where such developments or uses are deemed
consistent with good planning practice which can be operated in a
manner that is not detrimental to the permitted developments and uses
in the district; can be developed and operated in a manner that is
visually compatible with the permitted uses in the surrounding area;
and are deemed essential, convenient or desirable to preserve and
promote the public health, safety and general welfare of the City
of Greendale.
c.
Public hearing.
(1)
Within a reasonable period of time after a petition which meets
the minimum application requirements as determined by the Building
Commissioner has been filed, a public hearing on the application for
a conditional use permit shall be held by the Planning and Zoning
Commission in accordance with this Section.
(2)
Subsequent to and within thirty (30) days of the public hearing
or within thirty (30) days of the receipt of a complete preliminary
site plan when submitted after the effective hearing date, the Building
Commissioner shall submit a report to the Planning and Zoning Commission
for consideration. The report shall include comments of the Building
Commissioner, as well as comments of all agencies and City departments
to whom the site plan was referred.
d.
Recommendation for approval or denial of conditional use
permit. Within sixty (60) days of receipt of the Building
Commissioner's report, the Planning and Zoning Commission shall take
action on the conditional use permit. Planning and Zoning Commission
action shall consist of one (1) of the following:
(1)
Approval. The Planning and Zoning Commission
may recommend approval of the conditional use permit as submitted
or with amendments. The Building Commissioner shall prepare the appropriate
legislation for consideration by the Board of Alderpersons including
all conditions of the conditional use permit. In recommending approval
of development conditions, the Planning and Zoning Commission shall
impose such conditions it determines necessary. Said conditions shall
include, but not be limited to, the following:
(a)
Conditioned uses, including maximum floor area.
(b)
Height limitations.
(c)
Minimum yard requirements.
(d)
Off-street parking and loading requirements.
(e)
Road improvements adjacent to the site.
(f)
Performance standards.
(g)
Sign regulations.
(h)
Minimum requirements for site plan.
(i)
Time limitations for commencement of construction.
(2)
Denial. The Planning and Zoning Commission
may deny the conditional use permit for reasonable cause.
(a)
A denial for a conditional use permit for the installation,
construction or modification of antennae or antenna-support structures
shall be supported by substantial evidence contained in a written
record to the extent required by Federal law.
(b)
The Building Commissioner shall prepare a report to the Board
of Alderpersons indicating the Planning and Zoning Commission's decision.
The applicant may appeal the Planning and Zoning Commission's denial
in accordance with the provisions of this Section. If no appeal is
filed within the time period established, the application shall be
deemed denied.
(3)
Notification. In any case, the applicant shall
be notified in writing of the Commission's action.
e.
Board of Alderpersons review. Within sixty (60)
days of receipt of the Commission's recommendation, the Board of Alderpersons
may, by majority vote, approve the conditional use permit as recommended
by the Planning and Zoning Commission or approve the plan with amendments
by three-fourths (¾) majority vote. If the recommendation fails
to receive the necessary vote, it shall be deemed denied.
f.
Permit effective — when. The conditional use
permit shall become effective upon approval by the Board of Alderpersons
in accordance with the procedures of this Code. In the event that
an application for a conditional use permit is filed in conjunction
with a change of zoning, the permit shall not become effective until
the date of enactment of the ordinance authorizing the zoning change.
In the event that some additional approval is required by some other
governmental authority or agency, the permit shall not become effective
until that approval is received.
3.
Appeal, protest or council review of Planning and Zoning
Commission decision.
a.
Protest of the Commission's decision. A protest
against a proposed conditional use may be presented, duly signed and
acknowledged by the owners of thirty percent (30%) or more of the
areas of the land (exclusive of streets and alleys) included in such
proposed change or within an area determined by lines drawn parallel
to and one hundred eighty-five (185) feet distance from the boundaries
of the property upon which the conditional use will be located. A
notice of protest must be filed within ten (10) days following the
Planning and Zoning Commission's decision, be in writing, filed in
duplicate with the City Clerk and accompanied by the signatures (duly
acknowledged) and addresses of the property owners involved. The notice
of protest shall further include a notarized verification from the
person(s) collecting the protestants' signatures that all signatures
are correct and real. The protest shall specifically state how the
application, as initially filed or subsequently modified, fails to
meet the criteria set forth in this Code.
b.
Appeal of recommendation of denial. Upon the recommendation
of denial by the Planning and Zoning Commission of an application,
the applicant may file an appeal with the Board of Alderpersons requesting
a determination by that body. A notice of appeal shall be filed within
ten (10) days after the Planning and Zoning Commission's report is
received by the Board of Alderpersons at a regular meeting. An appeal
shall be in writing and shall be filed in duplicate with the City
Clerk. The applicant shall have an additional thirty (30) days to
file the actual appeal. The appeal shall specifically state how the
application, as initially filed or subsequently modified, meets the
criteria set forth in these regulations.
c.
Board of Alderpersons' decision upon appeal or protest. In any case, subsequent to proper notification as described above,
the City may affirm, reverse, modify, in whole or in part, any determination
of the Commission. An affirmative vote of three-fourths (¾)
of the Board of Alderpersons shall be required to reverse or modify
any decision by the Planning and Zoning Commission.
4.
Final site plan approval and conditional use permit amendments.
a.
Final site plan approval. Subsequent to the effective
date of the conditional use permit, final site plans shall be submitted
for review and approval to the Building Commissioner in accordance
with site plan review standards established herein. The plans shall
contain the minimum requirements established in the conditions governing
the permit. No building permits or authorization for improvement or
development for any use requested under provisions of this permit
shall be issued prior to approval of such plan unless the preliminary
site plan is found to be substantially complete by the Building Commissioner.
The approved plan shall be retained on file in the office of the Building
Commissioner (City Hall).
b.
Procedure to amend a conditional use permit or site plan. In order to amend an existing conditional use permit or to amend
the site plan approved for a conditional use permit, the procedure
shall be as follows:
(1)
To amend a conditional use permit.
(a)
The property owner or authorized representative shall submit
a written request to amend conditions to the Building Commissioner
for review. The Building Commissioner shall evaluate the request for
consistency in purpose and content with the nature of the proposal
as originally advertised for public hearing.
(b)
The Building Commissioner shall then forward the request and
his/her report to the Planning and Zoning Commission. The Planning
and Zoning Commission shall review the proposed amendments and file
a report with the Board of Alderpersons in which the Commission shall
recommend to grant, deny or modify the requested conditions amendment.
If the Planning and Zoning Commission determines that the requested
amendments are not consistent in purpose and content with the nature
of the proposal as originally advertised for public hearing, the Commission
may require a new public hearing on the matter in accordance with
the proceedings specified for amending the zoning ordinance.
(2)
To amend the site plan.
(a)
The property owner or authorized representative shall submit
an amended site plan to the office of the Building Commissioner for
review. The Building Commissioner shall evaluate the request for consistency
in purpose and content with the nature of the proposal as originally
advertised for public hearing.
(b)
If the Building Commissioner determines that the proposed amendment
to the site plan is not in conflict with the original proposal as
advertised and the site plan meets all conditions of the conditional
use permit, the Building Commissioner may approve said amended site
plan. The approved site plan shall be retained on file in the office
of the Building Commissioner (City Hall).
(c)
If the Building Commissioner determines that the proposed amendment
to the site plan is not consistent in purpose and content with the
original proposal as advertised and with the conditions of the conditional
use permit, he shall so report to the applicant and the Planning and
Zoning Commission. The Planning and Zoning Commission shall review
the proposed site plan amendment and make a final determination. The
Planning and Zoning Commission may, if it deems necessary, require
a new public hearing on the matter in accordance with procedures specified
for amending the Zoning Code.
c.
Procedure to amend a conditional use permit or site plan. In order to amend an existing conditional use permit or to amend
the site plan approved for a conditional use permit, the procedure
shall be as follows:
(1)
To amend a conditional use permit.
(a)
The property owner or authorized representative shall submit
a written request to amend conditions to the Building Commissioner
for review. The Building Commissioner shall evaluate the request for
consistency in purpose and content with the nature of the proposal
as originally advertised for public hearing.
(b)
The Building Commissioner shall then forward the request and
his/her report to the Planning and Zoning Commission. The Planning
and Zoning Commission shall review the proposed amendments and file
a report with the Board of Alderpersons in which the Commission shall
recommend to grant, deny or modify the requested conditions amendment.
If the Planning and Zoning Commission determines that the requested
amendments are not consistent in purpose and content with the nature
of the proposal as originally advertised for public hearing, the Commission
may require a new public hearing on the matter in accordance with
the proceedings specified for amending the zoning ordinance.
(2)
To amend the site plan.
(a)
The property owner or authorized representative shall submit
an amended site plan to the office of the Building Commissioner for
review. The Building Commissioner shall evaluate the request for consistency
in purpose and content with the nature of the proposal as originally
advertised for public hearing.
(b)
If the Building Commissioner determines that the proposed amendment
to the site plan is not in conflict with the original proposal as
advertised and the plan meets all conditions of the conditional use
permit, the Building Commissioner may approve said amended plan. The
approved plan shall be retained on file in the office of the Building
Commissioner (City Hall).
(c)
If the Building Commissioner determines that the proposed amendment
to the site plan is not consistent in purpose and content with the
original proposal as advertised and with the conditions of the conditional
use permit, he shall so report to the applicant and the Planning and
Zoning Commission. The Planning and Zoning Commission shall review
the proposed site plan amendment and make a final determination. The
Planning and Zoning Commission may, if it deems necessary, require
a new public hearing on the matter in accordance with procedures specified
for amending the Zoning Code.
5.
Guarantee of improvements. After the approval of
the site/improvement plans but prior to the issuance of any building
permit or permit authorizing the use of the property in question,
the developer shall enter into an agreement with the City guaranteeing
the completion of all public improvements.
6.
Limitations.
a.
Time limit of conditional use permit. Conditional
use permits shall be valid for an unlimited period unless a lesser
period shall be provided in a particular permit. Upon the expiration
of the time limit specified in a particular permit, the property owner
may request that the conditional use permit be reviewed by the Board
of Alderpersons, which may extend it for an unlimited period or for
a specified additional period of years. If no extension of time is
received or granted within six (6) months subsequent to the expiration
of the time limit specified in a particular conditional use permit,
the permit shall terminate.
b.
Failure to commence construction. Unless otherwise
stated in the conditional use permit, substantial work or construction
shall commence within one (1) year of the effective date of the permit,
unless such time period is extended through appeal to and approval
by the Planning and Zoning Commission. If no extension of time is
received or granted within six (6) months subsequent to the one (1)
year period following the effective date of the conditional use permit,
the permit shall terminate. As applied to new structures, substantial
work or construction shall include initial site grading and commencement
of sanitary and storm sewer installation, as applicable. For existing
structures that are to be modified, substantial work or construction
shall include any changes that initiate a building inspection as required
by the City's Building Code.
c.
When a conditional use permit is authorized by the Board of Alderpersons,
the continuation of such use shall be dependent upon the conditions
established under the permit and this Section. In the event of a change
of conditions or non-compliance with conditions, the Board of Alderpersons
shall have the authority to revoke the conditional use permit after
affording the permittee the right to be heard.
d.
In the event the site plan is not submitted within the time limits
specified in the ordinance enacting the conditional use permit or
a use authorized by a conditional use permit is abandoned, vacated
and/or not utilized for a period of one (1) year, the permit shall
lapse and the use of the land thereafter shall conform to the use
permitted in the zoning district in which it is located. The property
owner shall be required to remove or treat in a safe manner approved
by the Building Commissioner all flammable materials, storage tanks
and/or storage areas.
7.
Development of conditional uses and permitted land uses on
same tract of land. Nothing shall prevent the establishment
of land uses or developments authorized by conditional use permit
on the same tract of land with one (1) or more permitted land uses
and developments specified in the regulations of the governing zoning
district. However, the development or use authorized by conditional
use permit shall abide by the conditions of the permit and the permitted
land use and development shall adhere to the regulations of the governing
zoning district. A permitted land use or development existing at the
time of submittal of a site plan for a development or use authorized
by conditional use permit shall be shown on the plan. No permitted
use or development shall at any time cause the violation of any condition
imposed by a conditional use permit.
