§ 31-54.1. Conditional use permits; guides and standards.

(a)

Statement of intent: The purpose of the conditional use procedure is to provide for certain uses, which, by their nature, can have an undue impact upon or be incompatible with other uses of land within a certain zoning district and therefore require the exercise of planning judgment and site plan review. It shall be the duty of the governing body, under the provisions of this section, to evaluate the impact and compatibility of each such use, and to specify such conditions and restrictions as will assure the use being compatible with the area in which it is to be located; or where that cannot be accomplished, to deny the use as not in accord with adopted plans and policies or as being incompatible with the existing uses permitted by right in the area.

(b)

Authorization: In consideration of an application filed with the administrator, the governing body may authorize the establishment of those uses that are expressly listed as conditional uses in a certain zoning district; provided, however, that no such conditional procedure shall be required for a use allowed as a permitted use in such district.

(c)

Standards: In reviewing each application for a conditional use permit, the planning commission and the governing body will consider each of the following factors prior to voting to recommend approval or denial, in the case of the planning commission, and prior to voting to approve or deny the application, in the case of the governing body:

(1)

The proposed use at the stipulated location shall be in accordance with the official policies of an adopted comprehensive plan, and with any specific element of such plan.

(2)

The proposed use shall be in accordance with the general purpose and intent of the applicable zoning district requirements.

(3)

The proposed use will not adversely affect the use or values of surrounding properties and structures.

(4)

The proposed use will not adversely affect the health, safety, or general welfare of persons residing, working or visiting in the neighborhood.

(5)

Pedestrian and vehicular traffic generated by the proposed use will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood.

(6)

Utility, drainage, parking, loading and other necessary facilities provided to serve the proposed use will be adequate.

(7)

Appropriate landscaping, screening, and signs will be provided as regulated by this chapter.

(8)

The proposed use will be in harmony with the purpose of this chapter as set forth in section 31-3.

(9)

The nature of the proposed use, including factors such as noise, light, hours of operation, and number of employees involved.

(10)

Any other factors relating to the purposes of zoning that the planning commission and/or governing body, in its legislative discretion, shall consider as relevant.

(d)

Conditions and restrictions.

(1)

In approving a conditional use permit, the governing body may attach reasonable conditions, including a renewal/expiration date, to such approval with or without the applicant's consent. In the event a renewal date is given, it will be the applicant's responsibility to submit a request for renewal at least sixty (60) days prior to such renewal date. If a request for renewal is not timely received by the planning office, the conditional use permit will expire on the renewal date. In the event an expiration date is given, the applicant will be required to submit a request for a new conditional use permit to the planning office at least ninety (90) days prior to such expiration date or the permit will expire on the expiration date. If a request for a new conditional use permit is timely received by the planning office, the expiration date will be postponed until the date that final action is taken by the governing body. Once a conditional use permit has been approved with conditions, such conditions shall be considered as a part of the text of this chapter, and may be administered and enforced by the zoning administrator. A violation of an attached condition shall be considered a violation of this chapter.

(2)

A condition attached to the approval of a conditional use permit may only be modified by a subsequent application for a conditional use permit.

(3)

Minor deviations from an approved conditional use permit are allowed without the filing of a new conditional use permit application, provided all such minor deviations are shown on a site or subdivision plan. A determination that deviations to the site or subdivision plan do not substantially alter conditions of the approved conditional use permit plan must be made by the zoning administrator prior to approval of such plan pursuant to the provisions of this paragraph.

(e)

General provisions.

(1)

After approval of a conditional use permit by the governing body, the applicant shall have one (1) year to submit site or subdivision plans for the approved use and shall occupy the site and commence the use within one (1) year of approval of the site plan; provided, however, that the governing body may allow a longer period at the time and as part of approval. If the use has not begun as provided herein, the conditional use permit shall be void, and the use may not thereafter begin except upon approval of a new conditional use permit.

(2)

After approval of a conditional use permit by the governing body, the use approved may intensify and/or expand, provided that any conditions attached to the approval shall not be violated.

(3)

If an approved conditional use ceases operation for a period of one (1) year, for any reason, the conditional use permit shall become void, and thereafter the use may only be conducted after approval of a new conditional use permit.

(4)

Unless specifically restricted by its conditions, a conditional use permit shall be transferable with the land, provided that the use for which it was obtained does not change with such transfer.

(5)

Unless otherwise restricted by its conditions, a conditional use permit shall have an indeterminate duration, provided that the use for which it was obtained is commenced as required in paragraph (e)(1) above and continues without abandonment as provided in paragraph (e)(3) above.

(f)

Revocation of conditional use permits.

(1)

The governing body may, by resolution, initiate the revocation of a conditional use permit. When initiated, the revocation process shall be handled as would a new application for a conditional use permit, following the procedure set forth in subsection 31-54.1(g).

(2)

After review by the planning office and consideration and recommendation by the planning commission, the governing body shall act on the proposal to revoke the conditional use permit. Grounds for revocation shall include, but not be limited to, the following:

(a)

A change in conditions affecting the public health, safety and welfare since approval of the conditional use permit; or

(b)

Repeated violations of this chapter, including any conditions attached to the conditional use permit, by the owner/operator of the use; or

(c)

Fraudulent, false or misleading information supplied by the applicant (or his agent) for the conditional use permit; or

(d)

Improper public notice of the conditional use permit public hearing(s) when the conditional use permit was considered by the planning commission or governing body; or

(e)

An error or mistake in fact that led to an arbitrary and unreasonable decision made by the governing body when approving the conditional use permit.

(g)

Procedures.

(1)

Written application for a conditional use may be made by any property owner, his agent or tenant, or a department, board or bureau of any government. If the application is made by a contract owner, a copy of the purchase agreement shall be filed with and made a part of the application. If a person other than the property owner submits an application for a conditional use permit, a legally sufficient power of attorney must first have been executed by the property owner authorizing such application. In addition, the applicant may designate an agent to represent it with regard to such application, provided a legally sufficient power of attorney has first been executed by the applicant authorizing such agent to act in its behalf. Notwithstanding the foregoing, before any conditional use permit application is submitted to the planning office, the applicant or designated representative must first contact the planning director or his designee to schedule a pre-application meeting. This meeting will provide an opportunity to discuss the project and determine whether a conditional use permit is necessary for the desired use.

(2)

The application shall be filed with the zoning administrator on forms provided by the city.

(3)

A conditional use permit plan must be included with each application. Such plan must include the following:

(a)

Vicinity map at 1" = 2,000'.

(b)

Owner and project name.

(c)

Tax map number(s), name(s), present zoning and use of subject property and all abutting or contiguous parcels.

(d)

Property lines with bearings and distances, and existing and proposed zoning district lines.

(e)

Area of land proposed for consideration, in square feet or acres.

(f)

Scale (no less than 1" = 200') and north point.

(g)

Any and all easements and/or other encumbrances.

(h)

Topography, indicated by contour lines with an interval of not more than five (5) feet.

(i)

Existing drainage facilities, including major culverts, ponds and/or streams.

(j)

The generalized proposed pattern of lots and/or buildings (including number and size, street layout, off-street parking, recreation areas, open space, improvements to existing streets and rights-of-ways, buffers, vehicles per day, and storm water management facilities).

(4)

The procedures for approval of a conditional use shall be the same as those prescribed for zoning changes and amendments as set forth in article X of this chapter. The area included in an approved conditional use permit shall be noted on the district maps by means if a special symbol.

(5)

Except for the application fee, the zoning administrator or his designee may waive the submission requirements, or any portion thereof, set forth in this subsection (g), provided such information is not necessary for the proper review of the application.

(h)

Concurrent processing: Site and subdivision plans can be processed concurrently with a conditional use permit application consistent with the long-range land use designation of the comprehensive plan upon the request of the applicant; provided, however, that the applicant must affirm, in writing, its acknowledgement that the approval of such concurrent processing by the planning director or his designee will in no way affect the outcome of the conditional use permit application. By requesting concurrent processing, the applicant acknowledges that it assumes the risk that such conditional use permit application might be denied, and that all costs related to the submission of such site and/or subdivision plans are its sole responsibility. The submission of site and/or subdivision plans will not be accepted for concurrent processing until after the first round of comments on the conditional use permit application have been received from reviewing agencies and the applicant has committed to satisfying any concerns raised by such agencies.

(Ord. No. 11-1700-903, § 1, 5-24-11; Ord. No. 18-1700-1015, § 11, 6-19-18)

Editor's note— Ord. No. 11-1700-903, § 1, adopted May 24, 2011, renumbered former § 31-34 as § 31-54.1. Former § 31-34 title pertained to conditional users permit (CUP); guides and standards and derived from Ord. No. 06-1700-818H, adopted Dec. 12, 2006.

(Ord. No. 11-1700-903, § 1, 5-24-11; Ord. No. 18-1700-1015, § 11, 6-19-18)

Editor's note

Ord. No. 11-1700-903, § 1, adopted May 24, 2011, renumbered former § 31-34 as § 31-54.1. Former § 31-34 title pertained to conditional users permit (CUP); guides and standards and derived from Ord. No. 06-1700-818H, adopted Dec. 12, 2006.