[Ord. No. 985, 7-5-2018]
A.
Purpose And Intent. Conditional uses are those uses which generally are compatible with the permitted land uses in a given zoning district, but which require individual review of their location, design and configuration and the imposition of conditions to ensure the appropriateness of the use at a particular location within a given zoning district.
B.
Status Of Conditional Permitted Uses.
1.
The designation herein of a use in a zoning district as a conditional use does not constitute an authorization or assurance that such use will be approved.
2.
Approval of a Conditional Use Permit shall be deemed to authorize only the particular use for which the permit is issued.
3.
No use authorized by a conditional use permit shall be enlarged, extended, increased in intensity or relocated unless an application is made for a new conditional use permit in accordance with the procedures set forth in this Section.
4.
Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these regulations, other appropriate provisions of the ordinances of the City of Lake Tapawingo, or any permits required by regional, State or Federal agencies.
C.
Approval Criteria.
1.
The Board of Aldermen may grant permission for the conditional use permit if the proposed use meets the following conditions:
a.
The proposed conditional use at the specified location is consistent with the Comprehensive Plan and any other plans;
b.
The proposed conditional use is consistent with the general purpose and intent of this Chapter;
c.
The proposed conditional use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity;
d.
The proposed conditional use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods. These improvements or modifications may include, but shall not be limited to the placement or orientation of buildings and entryways, parking areas, buffer yards, and the addition of landscaping, walls, or both, to ameliorate such impacts; and
e.
The proposed conditional use does not generate pedestrian and vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood.
2.
If the proposed use requires a division of land, an application for a subdivision or other land division shall be submitted in conjunction with the application for a conditional use permit. Approval of the conditional use permit shall not become effective until final approval of the subdivision application; provided, that if the land is to be divided in phases, the approval of the conditional use permit shall take effect upon final approval of the phase of the subdivision containing the property on which the conditional use is to be located.
D.
Approval Process. The Board of Aldermen shall render its decision on the conditional use permit application after recommendation from the Commission, and may impose conditions as are reasonably necessary to assure compliance with applicable general or specific standards stated in these regulations after review of the application and other pertinent documents and any evidence made part of the public record. Any conditions imposed by recommendation of the Commission may be modified subsequently by the Board of Aldermen. The permit shall set out regulations, restrictions, limitations and termination date so that reasonable control may be exercised over the use.
E.
Vesting Of Rights.
1.
The mere issuance of a conditional use permit gives no vested rights to the permit holder.
2.
A right to continue a conditionally permitted use shall vest only if the project is constructed and the use is actually begun. Such right shall be subject to expiration and revocation under the terms of this Chapter.
F.
Transferability Of Permits.
1.
A conditional use permit may be conveyed with the land only if a right to continue the use has vested and the conveyance is not inconsistent with any condition imposed at the time the permit is approved. The transfer of a permit in which no right has vested shall be invalid. Nothing in this Section shall be construed to alter the expiration date of permits or the authority of the Board of Aldermen to revoke a permit.
2.
A permit cannot be assigned or transferred to a different parcel of land.
G.
Lapse Of Permits. A conditional use permit in which no vested right has been established, shall lapse and become void unless the applicant applies for any building permit incident to the proposed use within two (2) years of the date of approval by the Board of Aldermen. Upon the written request of the property owner and for good cause shown, the Board of Aldermen may grant one (1) extension of not more than one (1) year. An application for extension will be considered only if it is submitted, in writing, prior to the expiration of the initial period.
H.
Expiration Of Permits. A conditional use permit shall be valid for a limited period of time to be specified in the terms of the permit. A permit may be renewed upon application to the Board of Aldermen, subject to the same procedures, standards, and conditions as an original application.
I.
Revocation Of Conditional Use Permits.
1.
Any conditional use permit granted under the authority of this Section is subject to revocation for any or all of the following reasons:
a.
Non-compliance with any special conditions imposed at the time of approval of the conditional use permit.
b.
Violation of any provisions of the ordinances of the City pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the permit holder, agents of the permit holder, or tenants.
c.
Violation of any other applicable provisions of the ordinances of the City or any State or Federal law or regulation by the permit holder, agents of the permit holder, or tenants, provided that such violations relate to the conduct or activity authorized by the conditional use permit or the qualifications of such persons to engage in the permitted use.
d.
Attempted transfer of a permit in violation of this Chapter.
e.
Revocation is necessary to preserve the public health, safety, and welfare.
2.
Procedure For Revocation.
a.
Revocation proceedings may be initiated by the Zoning Administrator or the Board of Aldermen.
b.
Unless the permit holder agrees, in writing, that the permit may be revoked, the Board of Aldermen shall hold a public hearing to consider the revocation of the conditional use permit.
c.
The City shall give the permit holder notice of the scheduled revocation hearing at least fifteen (15) days prior to the date scheduled for such hearing by regular mail. If such notice cannot be delivered, notice may be given by publishing a notice of hearing in a newspaper of general circulation in the City and by posting a notice of hearing on the property at least fifteen (15) days prior to the date scheduled for the hearing.
d.
The public hearing shall be conducted in accordance with rules of procedure established by the Board of Aldermen. At the conclusion of the public hearing, the Board may render its decision or take the matter under advisement.
e.
No conditional use permit shall be revoked unless a majority of those elected to the Board of Aldermen is satisfied by a preponderance of the evidence that grounds for revocation exist. Any decision for the revocation of a special use permit shall clearly state the grounds for revocation.