[Ord. No.
395, 11-6-2023]
A.
Purpose. As provided for in Article II, District Boundaries and General Regulations, Sections 400.060 through 400.135, certain uses are permitted by right in each district and other uses are permitted but subject to the issuance of a conditional use permit as provided for in the regulations and procedures set forth as follows in this Article.
B.
Process. No use under that is shown as "conditional" in Section 400.135 of Article II of the provisions of this Chapter may be commenced or continued unless there is a valid permit for that use (See Table 400.270 for a summary of the process). No construction or other permit applicable to the proposed use or any part of it shall be issued or considered valid unless a conditional use permit has been issued under the provisions of this Section.
1.
Application for a conditional use permit shall be made to the
Planning and Zoning Commission in form and with such information as
may be required by the Planning and Zoning Commission. The application
shall be accompanied by plans showing the elevations and intensity
and extent of the proposed use and shall be accompanied by an accurate
legal description of the subject property.
2.
Each application and accompanying plans shall be filed with the Zoning Enforcement Officer with a filing fee submitted as per Section 400.250 of this Code.
3.
Upon receipt of the completed application and filing fee the
Zoning Enforcement Officer shall notify in writing by First Class
U.S. mail, postage prepaid, the owners of all property located within
the area determined by drawing lines parallel to the boundaries of
the property to be devoted to the proposed use, and one hundred eighty-five
(185) feet from those boundaries. The notice shall include the statement
that the application was filed, the nature of the proposed use, the
name of the applicant or applicants and the date the application was
filed.
4.
The Planning and Zoning Commission shall investigate the effect
of the granting of the permit upon the neighborhood with special emphasis
on traffic and fire hazards, and the general welfare and character
of the neighborhood and the community and the criteria hereinafter
set forth. The Planning and Zoning Commission shall make a report
to the Board of Aldermen within one hundred (100) days of the date
of the next regular meeting of the Planning and Zoning Commission
following the filing of the completed application with the Zoning
Enforcement Officer. If no such report is made, the Planning and Zoning
Commission shall be deemed to have approved the application, upon
the expiration of the one-hundred (100)-day period; except that the
Planning and Zoning Commission, with the consent of the applicant
for approval, may extend the one-hundred (100)-day period.
5.
Upon the receipt of the report of the Planning and Zoning Commission
or upon the expiration of the one-hundred (100)-day period or extensions
thereof, the Board of Aldermen shall call a public hearing and give
reasonable notice of the time and place of that hearing at least once
in a newspaper in general circulation in the City. The first publication
shall be at least fifteen (15) days before the date of the hearing.
6.
After the hearing held in accordance with the requirements of
Subsection (A)(5) of this Section, the Board of Aldermen shall not
approve any conditional use permit application, or any amendment to
an existing conditional use permit, unless the proposed conditional
use is consistent with the standards herein, and unless the Board
determines that the proposed conditional use will not:
a.
Substantially increase traffic hazards or congestion.
b.
Adversely affect the visual coherence, predominant usage, or
development character of surrounding or adjacent neighborhoods.
c.
Substantially increase fire, health, or any other public safety
hazards, or make difficult access by fire and emergency vehicles.
d.
Adversely affect the general welfare of the community.
e.
Overtax public utilities, services, or other municipal facilities.
f.
Be developed and operated in a manner that is physically and/or
visually incompatible with the permitted uses in the surrounding areas.
g.
Substantially increase stormwater drainage onto other lots.
h.
Create a nuisance.
7.
If the Board of Aldermen determines that the public health,
welfare, and safety are adequately served and protected in view of
the foregoing criteria then it shall grant the application and the
permit shall be issued forthwith; but if the Board finds in the negative
as to any of the stated criteria, the conditional use permit shall
be denied; provided, however, that if at least twenty-five percent
(25%) of the persons entitled to notice under the terms of this Section,
above, protest the granting of such application in a writing filed
with the Zoning Enforcement Officer no later than one (1) day before
the date of the public hearing thereon, such application shall not
be granted unless two-thirds (2/3) of all the members of the Board
of Aldermen vote in favor of its issuance.
C.
Duty To Comply With Other Laws. Approval and issuance of such permit
shall not be deemed to relieve the permittee of the duty to comply
with the provisions of other laws and ordinances.
D.
Violation. The violation of any condition imposed by the conditional
use permit shall constitute a violation of this Chapter.
E.
Tenure Of Permit. The granting of a conditional use permit is to
allow that use on the specific site. If the use is not substantially
altered, it shall be allowed on the site regardless of ownership.
A conditional use permit may not be transferred to any other site
or person.
F.
Amendment. Amendment or addition to any conditional use permit is
subject to the same procedures as those which apply to a new application.
Minor adjustments to an approved conditional use permit may be authorized
by the Zoning Enforcement Officer at his/her discretion.
