The procedures set forth in §
225-11-6 of Article
XI shall be followed in the review of uses with performance standards.
The Board of Appeals in accordance with the procedures and standards of Article
XIII must approve all conditional uses. Upon approval of the conditional use, the applicant shall submit a site plan to the Planning Commission according to Article
XI, §
225-11-5.
A. Approval of a conditional use under this chapter shall be valid for
a period of one year after the date of approval and thereafter shall
become null and void unless construction or use is substantially underway
during said one-year period or unless an extension of time, not exceeding
one year, is approved by the Planning Commission and for good cause
shown, before the expiration of said one-year period.
B. Any conditional use listed in this chapter, legally existing at the
effective date of this chapter, shall be considered a nonconforming
use unless it has qualified as provided above and has been approved
as a conditional use by the Board of Appeals.
C. Whenever an application for a conditional use has been denied by
the Board, such application, or one substantially similar, shall not
be reconsidered sooner than one year after the previous denial.
D. Permits issued under a conditional use approval may be revoked by
the Administrator for failure to comply with conditions of approval
or applicable regulations.
E. This chapter requires the submittal of site plans for all conditional
uses and all of the provisions of this article shall apply.
For the purpose of assuring a good arrangement and appearance
and ensuring harmony with the Comprehensive Plan, site plans for the
following major uses shall be subject to review by the Planning Commission.
A. Uses with performance standards.
D. Docks, piers, bulkheads and other over-water structures, except private
over-water piers and boathouses accessory to a dwelling.
E. Hotels, motels and motor lodges.
F. Business structures, commercial structures and industrial structure,
if such structures are to contain more than 2,500 square feet of floor
area.
H. Other uses as required elsewhere in this chapter.
The procedure for amendment of the boundaries or for a change
in the extent of land use for an approved site plan shall be the same
as for a new application, except that minor amendments of an approved
site plan or of the conditions attached to a conditional use or site
plan may be acted upon by the Planning Commission at a regular meeting,
after written reports by the Administrator and without a public hearing,
provided that such change or amendment:
A. Does not alter a recorded plat.
B. Does not conflict with the specific requirements of this chapter.
C. Does not change the general character or content of an approved development
plan or use.
D. Applies to an approved condition originating with the Planning Commission
and not the Board of Appeals.
E. Has no appreciable effect on adjoining or surrounding property.
F. Does not result in any substantial change of major external access
points.
G. Does not increase the approved number of dwelling units or the height
of buildings.
H. Does not decrease the minimum specified yards and open spaces or
the minimum specified parking and loading spaces.
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the public safety, health, convenience, comfort, prosperity, and
general welfare. It is not intended by this chapter to interfere with
or abrogate or annul any easements, covenants, or other agreements
between parties; provided, however, that where this chapter imposes
a greater restriction upon the use of buildings or premises or upon
the height of buildings or requires larger open spaces than are imposed
or required by other resolutions, ordinances, rules, or regulations
or by easements, covenants, or agreements, the provisions of this
chapter shall govern. If, because of error or omission in the Zoning
District Map, any property in the jurisdiction of this chapter is
not shown as being in a zoning district, the classification of such
property shall be classified R-1 Low Density Residential, until changed
by amendment.