[Ord. No. 020227 §1(3.21), 2-27-2002]
A.
Purpose. The conditional use permit procedure is intended
to provide the Planning and Zoning Commission and the Board of Aldermen
with discretionary review of requests to establish or construct uses
or structures which may be necessary or desirable in a zoning district,
but which may have the potential for negative or deleterious impact
on the health, safety and welfare of the public. The purpose of the
review is to determine whether the proposed location of the use or
structure is appropriate and whether it will be designed, located
and operated so as to avoid, minimize or mitigate adverse impacts
upon the community and other properties in the vicinity. The Board
of Aldermen may impose conditions upon such uses and structures that
are intended to avoid, minimize or mitigate adverse impacts upon the
community and other properties in the vicinity. The Board of Aldermen
may deny requests for a conditional use permit when it is evident
that a proposed use or structure will or may cause harm to the community
or injury to the value, lawful use and reasonable enjoyment of other
properties in the vicinity.
B.
Conditional Uses Authorized. The Planning and Zoning Commission
may recommend and the Board of Aldermen may authorize the establishment
of those conditional uses that are expressly permitted as a conditional
use in a particular zoning district. No conditional use shall be authorized
unless such conditional use to be granted complies with all of the
applicable provisions of this Chapter.
C.
Application For Conditional Use Permit. An application for
conditional use permit containing the following information shall
be filed with the City Clerk:
1.
Applicant's name and address and legal interest in the property.
2.
The owner's name and address if different than the applicant.
3.
Street address or common description and legal description of the
property.
4.
Zoning classification and present use of the property.
5.
Description of the proposed conditional use.
6.
Statement as to why the proposed use will comply with the applicable standards in Subsection (G).
7.
Statement identifying any potentially adverse effects and how the
proposed conditional use will be designed, arranged and operated in
order to ensure that the conditional use will not cause harm to the
community and that the value, use and reasonable enjoyment of property
in the vicinity will not be adversely affected.
9.
Any additional information as may be required in accordance with
the requirements of the zoning district in which the conditional use
is proposed to be located.
D.
Commission Action On Conditional Use Permit.
1.
The Commission shall hold a public hearing on an application for conditional use permit. Notice of hearing shall be made in accordance with the provisions of Section 400.360(B).
2.
Upon conclusion of the public hearing, the Commission shall transmit to the Board of Aldermen its recommendation containing specific findings of fact on the proposed conditional use and any conditions, safeguards and restrictions that the Commission recommends be imposed to ensure compliance with the standards set forth in Subsection (G) to avoid, minimize or mitigate potentially adverse effect of the conditional use on the community and properties in the vicinity. The record of Commission action shall be sent to the Board of Aldermen within thirty (30) days of the Commission's decision.
E.
Board Of Aldermen Action On Conditional Use Permit.
1.
The Board of Aldermen shall hold a public hearing on an application for conditional use permit. Notice of hearing shall be made in accordance with the provisions of Section 400.360(B).
2.
The Board of Aldermen may, by ordinance, authorize the issuance of a conditional use permit for such use as recommended by the Commission or may reverse or modify such decision by a majority vote of the full Board of Aldermen. In authorizing said conditional use permit, the Board of Aldermen may impose additional conditions or restrictions as it may determine necessary to ensure compliance with the standards set forth in Subsection (G) to avoid, minimize or mitigate potentially adverse effect of the conditional use on the community and properties in the vicinity. All such conditions or restrictions shall be set out in the ordinance approving the conditional use permit.
F.
Permit Validity Time Period. Any conditional use permit authorized shall be validated within six (6) months from the date of approval by the Board of Aldermen or such conditional use permit shall be nullified. The conditional use permit shall be considered validated if a building permit is obtained and the erection or alteration of a structure is started or if an occupancy permit is obtained and the conditional use is commenced. The Board of Aldermen may grant one (1) additional extension of time not exceeding six (6) months, without notice or hearing. Requests for time extension shall be made by filing an application with the City Clerk before the expiration date. If the applicant fails to submit the request for time extension within the specified period, an application for conditional use permit shall be filed in accordance with the provisions of Subsection (C) through Subsection (E).
G.
Conditional Use Standards. A conditional use permit shall
be granted only if evidence is presented at the public hearings that
the conditional use will comply, to the extent applicable, with the
following standards:
1.
The conditional use will be consistent with the policies and intent
of the Willard Comprehensive Plan and the Willard Land Development
Regulations.
2.
The conditional use will not increase flood or water damage hazard
to adjoining properties.
3.
The conditional use will not generate noise that exceeds the sound
levels that are typical of uses permitted in the district.
4.
Adequate access roads or entrance and exit drives will be designed
and provided to prevent traffic hazards and to minimize traffic congestion
at the site.
5.
Street right-of-way and pavement width in the vicinity of the conditional
use is or will be adequate for traffic reasonably expected to be generated
by the proposed use.
6.
Glare of stationary or vehicular lights from the conditional use
will not adversely affect the character of the neighborhood and if
such lights will be visible from a residential district, measures
to shield or direct lights to mitigate glare are proposed.
7.
The conditional use will not have any substantial adverse effect
upon the use or enjoyment of adjacent and nearby property or conditions
affecting the public health, safety and welfare.
8.
The conditional use will be designed, constructed and operated so
as not to interfere with the development and use of adjacent property
in accordance with the applicable zoning district regulations.
9.
In the case of existing structures to be converted to a use requiring
a conditional use permit, the structure shall meet all fire, health,
building, plumbing and electrical requirements of the City of Willard.
10.
The conditional use otherwise complies with all applicable regulations
of this Chapter.
H.
Conditional Use Permits For Towers.
1.
Purpose. The purpose of these restrictions is to:
a.
Minimize the adverse effects of towers on aesthetic and property
values through careful design, siting and vegetative screening;
b.
Avoid potential damage to adjacent properties from tower failure
and falling ice through engineering and careful siting of tower structures;
c.
Lessen traffic impacts on local streets; and
d.
Maximize use of existing towers to reduce the number of towers needed.
2.
Applicability. In addition to the provisions and
restrictions listed above for a conditional use permit, the following
requirements for conditional use permit shall also apply to all zoning
districts where towers are permitted as a conditional use and to all
zoning districts where towers are permitted as a principal or accessory
use where:
4.
Approval standards. All applications for a conditional
use permit for a tower shall comply with the following requirements.
Site includes all property described by the legal description submitted
with the conditional use permit application and may be only part of
a larger parcel.
a.
Structures shall be set back from adjoining residential-zoned property,
property or streets sufficient to:
(1)
Contain on-site substantially all ice-fall or debris from tower
failure;
(2)
Preserve the privacy of adjoining residential zoned property.
The site is of sufficient size to comply with this standard if:
(a)
Accessory structures comply with the setback standards in the
zoning district;
(b)
The tower base is set back from adjoining residential-zoned
property, public property or a street by a distance equal to fifty
percent (50%) of the height of the tower up to one hundred (100) feet,
plus one (1) foot for each foot over one hundred (100) feet in height,
unless the tower is designed for collocation of at least two (2) additional
carriers, in which case the setbacks for structures in the zoning
district where the tower is located shall be complied with or the
distance between the tower base and guy wire anchors, whichever is
greater;
(c)
The tower is set back from adjoining land in other districts
by the rear yard setback required in the adjoining district;
(d)
Guy wire anchors are set back at least twenty-five (25) feet
from an adjoining residential-zoned property, public property or a
street; and
(e)
Guy wire anchors are set back at least the rear yard setback
from adjoining land in other districts.
b.
Set back requirements for towers shall be measured from the center
of the tower to the property line of the parcel on which it is located.
The tower shall be set back from other on- and off-site towers and
supporting structures far enough so one (1) tower will not strike
another tower or support structure if a tower or support structure
fails.
c.
The tower shall have the least practicable adverse visual effect
on the environment.
d.
Existing on-site trees and shrubs shall be preserved to the maximum
extent practicable.
e.
Traffic associated with the facility shall not adversely affect adjoining
streets. Vehicular access shall be limited to a major street if the
site adjoins both a major and local street.
f.
Adequate off-street parking shall be provided to accommodate workers,
employees, invitees and others who may be on location on account of
the location of the tower.
g.
The applicant shall demonstrate that the planned equipment cannot
be accommodated on an existing or approved tower or location.
5.
Application contents. An application for approval of a conditional use permit for a new tower shall include the following in addition to the application requirements of Subsection (C):
a.
A site plan drawn to scale and identifying the site boundary; tower(s);
guy wire anchors; existing and proposed structures; vehicular parking
and access; existing vegetation to be retained, removed or replaced;
and uses, structures and land-use designations on the site and adjoining
parcels;
b.
A plan drawn to scale showing proposed landscaping, including species
type, size, spacing and other features; and
c.
Evidence that the planned transmission facilities cannot be accommodated
on an existing or approved tower and that the planned tower cannot
be accommodated on an existing or approved tower site. The Board of
Aldermen may consider expert testimony to determine whether other
towers or sites could accommodate the planned facilities and whether
fees and costs associated with the use of an existing or planned tower
or site is reasonable.
6.
Conflict with FCC or FAA regulations. In the event
there is a conflict between these regulations and Federal Communications
Commission (FCC) or Federal Aviation Administration (FAA) regulations,
the FCC or FAA regulations shall govern.
[Ord. No. 020227 §1(3.22), 2-27-2002]
A.
Applicability. Site plans prepared and approved in accordance
with the provisions of this Chapter are required to assist City Administrative
Officials in assuring compliance with all applicable requirements
of this Chapter and to assist in the review of building permits. Whenever
a site plan is required by this Chapter, a building permit shall not
be issued until the site plan is approved.
C.
Exemptions. The following uses and activities shall be exempt
from the requirements of this Section:
1.
Construction of or additions to single-family or duplex dwellings
on a lot of record.
2.
Construction of or addition to any permitted accessory use to a single-family
or duplex dwelling on a lot of record.
3.
Remodeling of a building or structure if no enlargement or expansion
is involved.
4.
Any temporary use permitted by this Chapter.
D.
Site Plan Application.
1.
Minor or major site plan determination. The site
plan application shall be either for minor site plan approval or major
site plan approval. A minor site plan shall be required for proposed
development on existing platted lots of record that do not require
the extension or construction of public improvements to the site.
In all other situations where a site plan is required, a major site
plan shall be submitted.
2.
Pre-application conference. Although not required,
it is recommended that the applicant request a pre-application conference
with the City to determine that a minor site plan application is appropriate
for the proposed development and to assist the applicant in ensuring
conformity with the requirements of the site plan application.
E.
Minor Site Plan Review Process.
1.
The minor site plan application shall be reviewed by the Administrative Official designated by the City within thirty (30) days of application or such longer time as may be agreed to by the applicant. The City shall review the site plan to determine compliance with the applicable regulations of this Chapter and the standards established in Subsection (H). Upon completion of review, the City shall either approve the site plan based on findings in accordance with Subsection (H), approve the site plan subject to specific modifications or, based on such findings, decline to approve the site plan.
2.
The City shall return one (1) copy of the site plan to the applicant
indicating the determination made and any modifications necessary.
If the City takes no action within the thirty (30) days specified,
the site plan shall be deemed to be approved.
3.
If the City declines to approve the site plan or if it approves the
site plan subject to certain modifications that are not acceptable
to the applicant, the applicant may request review and determination
by the Planning and Zoning Commission. The applicant shall submit
a written request for review by the Commission within fifteen (15)
days of decision by the City Administrative Official. The Commission
shall have forty-five (45) days from the date of the applicant's request
to make a determination. The actions of the Commission shall be final.
F.
Major Site Plan Review Process.
[Ord. No. 140512 §1, 5-12-2104]
1.
Commission review. The Commission shall review
all major site plan applications and make its recommendation to the
Board. The application for major site plan review shall be submitted
no less than fifteen (15) working days prior to the Commission meeting
at which the site plan will be considered. The City Clerk will transmit
the site plan to the City Engineer or other Administrative Official
for review and recommendations prior to the scheduled Commission meeting.
2.
Commission action on site plan. The Commission shall review the site plan and shall make its recommendations to the Board of Aldermen based on the standards for site plan review in accordance with Subsection (H). The Commission may recommend to the Board of Aldermen the approval of the site plan, recommend the approval of the site plan subject to specific modifications or recommend the disapproval of the site plan.
G.
Effect Of Site Plan Approval. Approval of the site plan,
or of the site plan with modifications acceptable to the applicant,
shall authorize the continued processing of applications for any further
permits which may be required by this Chapter or any other ordinances
of the City, including approvals such as a building permit, a certificate
of occupancy or a conditional use permit. A site plan approval shall
be valid for a period no longer than eighteen (18) months from the
date of approval unless a building permit is issued and construction
begun within the eighteen (18) month period.
H.
Site Plan Review Standards. Site plans shall be reviewed
and approved unless it is found in writing that:
1.
The site plan application indicates violations of any applicable
provisions of this Chapter, which the applicant has, after written
request, failed or refused to correct.
2.
The site plan will result in unauthorized encroachment on an easement,
roadway, utility or public or private right-of-way.
3.
In the case of a site plan submitted in conjunction with an approved
development plan, conditional use permit, planned unit development
or any other specific development standards, the site plan does not
adequately meet the specified standards.
4.
The proposed site plan does or will create specific drainage or erosion
problems.
5.
The screening and buffer area landscaping plan for the site does
not or will not adequately shield the proposed use from adjacent uses
which may not be compatible with the proposed use.
6.
The circulation elements of the site plan, including road and pedestrian
circulation elements, will create hazards to safety on or off the
site, uncoordinated pedestrian or vehicular circulation paths on or
off the site or result in undue interference or inconvenience to vehicular
or pedestrian travel.
