[R.O. 2009 §410.455; Ord. No. 2040 §8, 9-15-2003]
The Board of Aldermen by conditional use permit,and subject
to such protective restrictions as it deems necessary, may authorize
the location, extension or structural alteration of any one (1) of
the buildings or uses listed in each district as a conditional use.
No conditional use permit may be granted until the Planning Commission
has held a public hearing and submitted its recommendations. Conditional
use permits shall be issued to tenants and operators.
[R.O. 2009 §410.460; Ord. No. 2040 §8-1, 9-15-2003]
Conditional uses are those type of uses which, due to their
nature, are dissimilar to the normal uses permitted within a given
zoning district or where product, process, mode of operation or nature
of business may prove detrimental to the health, safety, welfare or
property values of the immediate neighborhood and its environs. Within
the various zoning districts, specific uses may be permitted only
after additional requirements are complied with as established within
this Article.
[R.O. 2009 §410.470; Ord. No. 2040 §8-2, 9-15-2003]
A.
A written
application shall be filed with the Zoning Administrator to obtain
a conditional use permit for the uses hereinafter set forth in this
Article or for uses previously issued a conditional use permit where
alteration or an extension is requested.
B.
Upon
receipt of an application, together with a site plan and necessary
descriptive material of the entire parcel including all permitted
and conditional uses, the Zoning Administrator shall submit the application
to the Planning Commission. A fee (as indicated in Appendix A to this
Chapter) shall be paid upon the filing of each application for a conditional
use permit.
[R.O. 2009 §410.480; Ord. No. 2040 §8-3, 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
The Commission shall hold a public hearing in accordance with the procedures set forth in Article XIV and review the application based on the criteria set forth in Section 410.500 of this Article, approve or disapprove the application and submit a report of its recommendations to the Board of Aldermen within sixty (60) days. Failure of the Commission to act within sixty (60) days after official submission to it shall be deemed approval.
[R.O. 2009 §410.490; Ord. No. 2040 §8-4, 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
No action shall be taken upon any applications for a proposed
building or use referred to above until and unless the report of the
Planning Commission has been filed; provided however, that if no report
is received from the Commission within sixty (60) days, the Board
of Aldermen may proceed with its action upon the application. A two-thirds
(2/3) majority vote of the Board of Aldermen shall be required to
authorize and approve the issuance of any conditional use permit contrary
to the recommendation of the Planning Commission.
[R.O. 2009 §410.500; Ord. No. 2040 §8-5, 9-15-2003]
A.
In
considering whether or not such application for a conditional use
permit should be granted, it shall be the duty of the Planning Commission
and the Board of Aldermen to give consideration to the effect of the
requested use on the health, safety, morals and general welfare of
the residents of the area in the vicinity of the property in question
and the residents of the City generally. In considering the conditional
use, the Commission and the Board should consider the following:
1.
The proposed conditional use complies with all applicable provisions
of these regulations, including intensity of use regulations, yard
regulations and use limitations.
2.
The proposed conditional use at the specified location will contribute
to the health, safety, welfare or convenience of the public.
3.
The proposed conditional use will not cause substantial reduction
to the value of other property in the surrounding neighborhood or
to the City's overall tax base.
4.
The location and size of the conditional use, the nature and intensity
of the 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.
5.
The size, floor area, mass and general appearance of the proposed
structure is compatible with adjacent structures and buildings in
the surrounding properties and neighborhood.
6.
Adjacent streets have the capacity to handle increased traffic volumes
both on a daily basis and at peak times.
7.
Adequate access roads or entrance and exit drives will be provided
to minimize traffic congestion and hazards in public streets and alleys.
8.
Off-street parking and loading areas will be provided in accordance
with the standards set forth in these regulations and such areas will
be screened from adjoining residential uses and located so as to protect
such residential uses from any injurious effect.
9.
Adequate utilities, drainage and other facilities will be provided.
10.
The impact of night lighting in terms of intensity, duration and
frequency of use on adjacent properties is minimized.
11.
The added noise created by activities associated with the proposed
use on adjacent properties is minimized.
[R.O. 2009 §410.510; Ord. No. 2040 §8-3, 9-15-2003]
A.
Before
any permit shall be granted, the Planning Commission shall make written
findings certifying that adequate provision has been made for the
following:
1.
The location and size of the proposed use in relation to the site
and to adjacent sites and uses of property and the nature and intensity
of operations proposed thereon.
2.
Accessibility of the property to Police, fire, refuse collection
and other municipal services; adequacy of ingress and egress to and
within the site; traffic flow and control; and the adequacy of off-street
parking and loading areas.
3.
Utilities and services, including water, sewer, drainage, gas and
electricity, with particular reference to location, availability,
capacity and compatibility.
4.
The location, nature and height of structures, walls, fences and
other improvements; their relation to adjacent property and uses;
and the need for buffering or screening.
5.
The adequacy of required yard and open space requirements and sign
provisions.
6.
The general compatibility with adjacent properties, other properties
in the district and the general safety, health, comfort and general
welfare of the community.
[R.O. 2009 §410.520; Ord. No. 2040 §8-4, 9-15-2003]
In granting a conditional use, the City may impose such conditions, safeguards and restrictions upon the premises to reduce or minimize any potential injurious effect of such conditional uses upon other property in the neighborhood and to carry out the general purpose and intent of these regulations. The use standards specified for the uses listed in Article V shall also be requirements for the approval of a conditional use permit.
[R.O. 2009 §410.530; Ord. No. 2040 §8-6, 9-15-2003]
In granting a conditional use, the City may impose such conditions,
safeguards and restrictions upon the premises benefited by the conditional
use as may be necessary to reduce or minimize any potential injurious
effect of such conditional uses upon other property in the neighborhood
and to carry out the general purpose and intent of these regulations.
Such restrictions may implement general City plans and policies, requirements
of the zoning ordinance and other City ordinances.
[R.O. 2009 §410.540; Ord. No. 2040 §8-7, 9-15-2003; Ord. No. 2590 §1, 7-20-2015]
Conditional use permits allow an approved use on a specific
site. Conditional use permits are to remain in place under new ownership
or new operator, so long as the use is not substantially altered and
all conditions of the permit remain in place.
[R.O. 2009 §410.550; Ord. No. 2040 §8-8, 9-15-2003]
The Board of Aldermen may revoke all or part of a conditional
use permit if it is not put into use within twelve (12) months of
the date of approval. The Board of Aldermen after a public hearing
may revoke a conditional use permit for failure of compliance with
the regulations and restrictions of this Chapter or the requirements
of the conditional use permit.
