[R.O. 2011 §34-131.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
The conditional use permit process may be initiated by submitting
a completed application and supporting documentation from one (1)
or more of the owners of record or owners under contract of a lot
of record (or zoning lot), or their authorized representative, or
by the Plan Commission or City Council.
[R.O. 2011 §34-131.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
An
application form for a conditional use permit shall be filed with
the Zoning Administrator. The application form is available at the
Department of Community Development. In addition to submitting the
completed application, the applicant shall be required to submit the
following information:
1.
Legal owners of the property(ies) proposed for the conditional use
permit;
2.
Legal description of the property(ies) proposed for the conditional
use permit, when the proposed use involves a substantial addition
or new construction;
3.
Common street address of the property(ies) proposed for the conditional
use permit;
5.
Description of the proposed conditional use, shown on the site plan
and in narrative form, if such narrative would help in understanding
the nature of the use;
6.
Estimated impact of the conditional use on the surrounding properties
and adjacent streets, including, but not limited to, average daily
and peak hour traffic generation, existing traffic volumes of adjacent
streets, if available, use of outdoor intercoms, and any other operational
characteristics of the proposed use that may have impacts on other
adjacent or nearby properties.
[R.O. 2011 §34-131.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Submission By Applicant. The applicant shall submit one (1) copy of the completed application and twelve (12) copies of the other information required by Section 400.2690 to the Zoning Administrator. In the case of applications for a conditional use for a historic landmark or conditional use within a historic district, the applicant shall submit nine (9) additional copies of this same information.
B.
Zoning Administrator And Staff Review.
1.
Completeness of submittal. Upon receipt of the conditional
use permit application and associated information, the Zoning Administrator
shall review the documents to determine acceptability for submission.
If the Zoning Administrator determines the submittal is complete,
then the submittal shall be date stamped.
2.
Distribution. After formal acceptance of the application,
the Zoning Administrator shall distribute copies of the documentation
to the Director of Community Development and other City staff as appropriate.
In the case of applications for a conditional use pertaining to an
established historic landmark or it is within an established historic
district, the Zoning Administrator shall also forward a copy of the
same documentation to the Historic Preservation Commission.
3.
Staff review. The Director of Community Development
shall review the proposed conditional use, and solicit comments from
other City staff with respect to meeting the requirements of this
Chapter, other applicable City regulations, and with respect to good
site planning, and measures taken to avoid or mitigate impacts of
the proposed use on the surrounding area. The results of this review
shall be reported to the Plan Commission within sixty (60) days of
formal acceptance of the application.
C.
Plan Commission.
1.
Public hearing. The Plan Commission shall hold a public hearing on the application at such time that is mutually agreeable between the Commission and the applicant and which complies with the public notice requirements contained in Article XV of this Chapter. In addition, the Historic Preservation Commission shall be notified of the public hearing, when a proposed conditional use pertains to an established historic landmark or is within an established historic district, and given the opportunity to present its recommendation to the Plan Commission at the hearing.
2.
Plan Commission recommendation. Once the Plan Commission
is satisfied that they have heard all relevant facts, it shall recommend
to the City Council that the conditional use permit be approved, denied
or approved with conditions. Such conditions may include, but are
not limited to, one (1) or more of the following: size, height and
location of proposed buildings and structures; landscaping and screening;
parking and loading requirements; signage; traffic flow and access
requirements; lighting; hours of operation; open-space areas; drainage
and storm water facilities; or architectural and engineering features.
These conditions shall be in addition to any regulations contained
in the applicable zoning district or other applicable regulations
of the City.
D.
City Council Action.
1.
After receipt of the Plan Commission's recommendation and report,
the City Council shall consider the proposed conditional use permit.
The Council may deny, approve or approve with conditions, including
the adoption of the Plan Commission's recommendations on conditions
of use or a modified version thereof. The City Council may refer the
application back to the Plan Commission for further study before making
its final decision. The City Council reserves full authority to deny,
approve or approve with conditions, any application for a conditional
use permit.
[Ord. No. 7217, 2-27-2023]
2.
The City Council, in imposing conditions and restrictions, may adjust
the standards set forth in this Chapter when it finds such adjustment
will be more effective in achieving the spirit and intent of the Chapter.
Such adjustments are permitted to be more restrictive or less restrictive,
provided that no dimensional regulations or standard shall become
less restrictive by a factor of more than twenty percent (20%).
