[Ord. No. 1892 Zoning Regs. Art. 10 §1, 4-7-1997]
A. Delegation Of Power. The Board of Aldermen is hereby authorized
to decide whether conditional use permits shall be granted subject
to the general and specific standards contained in the ordinance;
to grant conditional use permits with such conditions or restrictions
as are appropriate to protect the public interest and to secure compliance
with these regulations; and to deny requests which fail to satisfy
the standards and requirements contained herein and which are not
in harmony with the purposes and interest of these regulations and
the health, safety, and welfare of the community. The Board of Aldermen
shall decide whether conditional use permits shall be granted only
after having received a recommendation from the Planning Commission.
In no event shall a conditional use permit be granted where the proposed
use is not authorized by the terms of these regulations, or where
the standards of this Article are not found to exist.
B. Conditions And Guarantees. Prior to the granting of any
conditional use permit, the Planning and Zoning Commission or Board
of Aldermen may stipulate such conditions and restrictions upon the
establishment, location, construction, maintenance and operation of
the conditional use permit as is deemed necessary for the protection
of the public interest and to secure compliance with the standards
and conditions contained herein. In all cases in which a conditional
use permit is granted, the Planning and Zoning Commission may recommend
or the Board of Aldermen may require such evidence and guarantees
as may be deemed necessary to ensure that the conditions stipulated
are being, and will be, fully complied with.
C. Conditional Use Permits In Residential Districts. In no
event shall conditional use permits in residential districts be transferable
from an owner-applicant to a subsequent owner of the subject real
estate or structure.
[Ord. No. 1892 Zoning Regs. Art. 10 §2, 4-7-1997]
A. Application. A written application for a conditional use
permit shall be filed with the Zoning Administrator and shall include
a statement indicating the Section of the ordinance under which the
permit is sought, the grounds upon which it is requested, and sufficient
evidence to show that the use will conform to the standards set forth.
The application shall be accompanied by an area map and site plan
of the subject property.
B. Fees. Every application for a conditional use permit shall
be subject to a filing fee as established by the Board of Aldermen.
C. Site Plan. All applicants for a conditional use permit
shall submit with their application ten (10) copies of a development
plan for the property which shall include the following:
1. A site plan showing:
a. Approximate size and locations of all structures.
c. Parking arrangements and numbers of spaces.
d. Interior drives and service areas.
2. Location map showing development and zoning of adjacent property
within one hundred (100) feet.
3. The full legal description of the boundaries of said development
area.
4. A description of the general character of all structures.
D. Hearing. Upon receipt of the formal application and all
accompanying material, the Zoning Administrator shall call a public
hearing for the next scheduled meeting of the Planning and Zoning
Commission; provided however, that notice must be published in a newspaper
of general circulation at least fifteen (15) days prior to the date
set for hearing. The Planning and Zoning Commission shall submit a
recommendation to their Board of Aldermen within thirty (30) days
after the close of the public hearing.
E. Findings. In making a recommendation to the Board of Aldermen,
the Planning and Zoning Commission shall specify the particular grounds
relied upon and their relation to the proposed use and shall make
affirmative findings that the proposed use conforms with the general
standards set forth in this Article. In no case shall a conditional
use permit be granted if the proposed use will constitute a nuisance
or a public health or safety hazard to adjacent properties or to the
community at large.
F. Action By Board Of Aldermen. The Board of Aldermen shall
consider the Planning and Zoning Commission's recommendation at the
next regularly scheduled Board of Aldermen meeting for which the agenda
item can be docketed. The Board of Aldermen shall consider the recommendation
of the Planning and Zoning Commission and act in accordance with the
procedures for amending zoning district boundaries. If the Board of
Aldermen fails to act upon a recommendation within one hundred twenty
(120) days from the receipt thereof, the application shall be deemed
to have been denied.
[Ord. No. 1892 Zoning Regs. Art. 10 §3, 4-7-1997]
A. Generally. Before any permit shall be granted, the Planning
and Zoning 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.
[Ord. No. 1892 Zoning Regs. Art. 10 §4, 4-7-1997]
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 conditions specified for the uses listed in Section
400.250 of Article
V "Use Regulations" shall also be requirements for the approval of a conditional use permit.
[Ord. No. 1892 Zoning Regs. Art. 10 §5, 4-7-1997]
A. Sunset. A conditional use permit shall expire upon public
hearing, unless a building permit is taken within twelve (12) months
to effectuate such specially permitted use; or if no building permit
is required, evidence of use is filed with Building Inspector.
B. Abandonment. Once a specially permitted use ceases or is
abandoned for a period of more than twelve (12) months, the conditional
use permit shall expire upon public hearing; except that the conditional
use permit for an auto salvage yard shall automatically expire if
the State license for operating the auto salvage yard lapses for a
period of time more than six (6) months.
C. Home Occupation. A conditional use permit for a home occupation
shall not be transferable to a new owner of the real estate.