[Ord. No.
24-009, 2-6-2024]
A. It
is hereby declared that certain land uses and developments present
unique problems with respect to their proper location and relationship
to other land uses. These uses' locations shall not be in conflict
with the comprehensive plan. Therefore, analysis and judgment of the
consequences of each development and use is necessary to preserve
and to promote the public health, safety and general welfare. Such
land uses and developments are identified in each particular zoning
district under conditional uses. The City shall not approve a conditional
use unless the City finds the evidence and application clearly demonstrates
the following:
1. That the proposed conditional use (the use in general) is in harmony
with the purposes, goals, objectives, policies and standards of the
Comprehensive Plan and any other plan, program or ordinance adopted
or under consideration pursuant to official notice by the City.
2. That the proposed conditional use (in its proposed location) is in
harmony with the purposes, goals, objectives, policies and standards
of the Comprehensive Plan and any other plan, program or ordinance
adopted or under consideration pursuant to official notice by the
City.
3. That the proposed conditional use, in its proposed location and as
depicted on the required site plan, does not result in a substantial
or undue adverse impact on the adjacent property, the character of
the neighborhood, environmental factors, traffic factors, parking,
public improvements, public property or rights-of-way or other matters
affecting the public health, safety or general welfare, either as
they now exist or as they may in the future be developed as a result
of the implementation of the provisions and policies of the Zoning
Ordinance, Comprehensive Plan or any other plan, program or ordinance
adopted or under consideration pursuant to official notice by the
City.
4. That the proposed conditional use maintains the desired consistency
of land uses, land use intensities and land use impacts as related
to the environs of the subject property as directed by the Comprehensive
Plan.
5. That the proposed conditional use is located in an area that will
be adequately served by, and will not impose an undue burden on, any
of the improvements, facilities, utilities or services provided by
public agencies serving the subject property.
6. That the potential public benefits of the proposed conditional use
outweigh the potential adverse impacts of the proposed conditional
use as identified above, after taking into consideration any proposal
by the petitioner and any requirements recommended by the petitioner
and/or City staff to ameliorate such impacts.
B. In
approving the conditional use, the Planning and Zoning Commission
may recommend and the City Council may impose conditions or safeguards
as are deemed necessary to protect the surrounding properties, such
as, but not limited to, the following: limitations of size, method
or times of operation of the facility and extent of time which such
use may occupy the property.
C. The
conditional use applies to the subject property and not to the individual
who applied, unless otherwise specified. Consequently, a conditional
use is transferable to any future owner of subject property unless
otherwise specified, but cannot be transferred by the applicant to
a different site.
D. A conditional
use shall continue for an indefinite period of time unless otherwise
specified.
E. The
City reserves full authority to deny any request for a conditional
use. The City also reserves full authority to impose conditions on
the use or to revoke approval at any time, upon a finding that the
permitted conditional use will or has become unsuitable and incompatible
in its location as a result of any nuisance or activity generated
by the use.
[Ord. No.
24-009, 2-6-2024]
A. Applications
for a conditional use may be filed by a property owner, owner under-contract,
tenant, tenant under-contract, or a representative of any of the aforementioned;
provided, a filing by a tenant under-contract or owner under-contract
or their representative shall be authorized by the property owner
or property owner's representative. Such application shall show the
location and intended use of the site and any other material pertinent
to the application. When the request involves physical improvements
to the property, an application for a certificate of appropriateness
or site plan approval shall also be required.
1. The Department of Community Development shall review the application
and determine whether the application contains sufficient data to
adequately describe the situation to the Planning and Zoning Commission.
If the data is not adequate, the Department of Community Development
shall notify the applicant of the additional required information.
Only applications that are completed shall be forwarded to the Planning
and Zoning Commission.
2. Public Hearing And Notification. The Planning and Zoning Commission
shall hold a public hearing on applications for conditional uses.
Notice of public hearings before the Commission shall be given by
publishing the date, time, place and nature of the hearing at least
fifteen (15) days before the date of the hearing in a newspaper of
general circulation in the City. The notice shall contain the time
and place within the City where information relative to the application
may be examined. In addition, the Department of Community Development
shall erect a sign containing the notice on the property at least
fifteen (15) days prior to the hearing and shall notify the applicant
and the property owners of record within three hundred (300) feet
of the boundaries of the subject property, in writing, of the hearing
at least fifteen (15) days prior to the hearing. In the event an application
is tabled by the Commission, it shall be the City's responsibility
to provide written notification to all property owners within three
hundred (300) feet of the subject property at least fifteen (15) days
prior to the next regularly scheduled Commission meeting of their
intent to have the item removed from the table. Should the developer
wish an application to be tabled that has been advertised for public
hearing, the developer shall be provide written notification to the
Department of Community Development and be responsible for providing
written notification to all property owner's within three hundred
(300) feet of the subject property at least fifteen (15) days prior
to the requested scheduled meeting to ensure the public can be made
aware of the request.
3. All applications shall be promptly considered by the Planning and
Zoning Commission who shall render a recommendation on an application
within sixty (60) days from the date first considered. For purposes
of this Section, the term "first considered" shall mean that the application
request appears on the Planning and Zoning Commission agenda and is
discussed by the Planning and Zoning Commission. The application shall
be deemed recommended for approval if the Planning and Zoning Commission
fails to render a recommendation within the sixty-day period, unless
said time period is extended by mutual agreement, in writing, by the
Planning and Zoning Commission and the applicant.
a. All applications shall be promptly considered by the Planning and
Zoning Commission within sixty (60) days of a complete submittal as
determined by staff.
b. No conditional use application to the Planning and Zoning Commission
shall be allowed on the same piece of property concerning substantially
the same request prior to the expiration of one (1) year from a ruling
of the Commission. Notwithstanding the foregoing, upon the written
consent of the Councilmember in whose ward the property is located,
the one-year period may be reduced to sixty (60) days.
B. Validity
Of Approval. Approval of a conditional use shall be valid for a period
of one (1) year after the date of approval and thereafter shall become
null and void unless construction or use is substantially underway
during such one-year period or unless an extension of time, not exceeding
one (1) year, is approved by the Planning and Zoning Commission for
good reasons shown before the expiration of such one-year period.
C. Amendment
Procedure. The procedure for amendment of a conditional use already
approved, or a request for a change of conditions attached to an approval,
shall be the same as for a new application. However, if the Department
of Community Development determines the change to be minor, relative
to the original approval, it shall transmit the same to the Planning
and Zoning Commission, with the original record, without requiring
that a new application be filed.
D. Revocation
Of Permits.
1. A conditional use may be revoked by the Department of Community Development
upon finding that the conditions of approval have been violated or
endanger the public health and safety. Such revocation shall suspend
all activity on the site associated with the conditional use. An appeal
shall stay the revocation action until it is considered and a final
decision rendered by the Board of Adjustment; however, all activity
which may endanger public health and safety, as determined by the
Director of Community Development, shall cease until the appeal is
considered.
2. Any application appealing a revocation must be received no later
than ten (10) business days from the date of revocation.
3. The revocation hearing shall be conducted and a decision rendered by the Board of Adjustment subject to the provisions of Article
XIII of the Zoning Code.
