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• Ch. 60 - Introductory Provisions
• Ch. 61 - Lot and Site Development Approval Procedures
• Ch. 62 - Zoning District Regulations
• Ch. 63 - Lot Development Standards
• Ch. 64 - Site Design Policies
• Ch. 65 - Nonconformities
• Informational Supplement
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CHAPTER 61 - LOT AND SITE DEVELOPMENT APPROVAL PROCEDURES

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61.140 CONDITIONAL USE PERMIT

A document authorizing an applicant to proceed with application for zoning certificate approval where the development involves a use which, because of its potential impact, has been identified as a use requiring review through the Type II or Type III procedure.  The intent of the Conditional Use Permit is to provide for the review of such use so that the community is assured it is compatible with its location and surrounding land uses.

61.141

When a Conditional Use is Required:  A Conditional Use Permit shall be required for any use identified in the Zoning District Tables contained in Chapter 62 as a Type II or Type III Use.  Issuance of a Conditional Use Permit is required as a precondition to the issuance of a zoning certificate for any development involving a Type II or Type III Use.

61.142

Procedures:  Uses identified in the zoning district tables as Type II uses are reviewed under the Type II Review Procedures.  Uses identified as Type III are reviewed under the Type III Review Procedure with a Phase I hearing process utilized.  The designated hearing body shall be the Planning Commission.

61.144

Submission Criteria:  Appendix B outlines the information that is to be submitted with an application for a Type II or Type III Conditional Use Permit.

61.145

Matters Under Consideration:  The review of a conditional use is necessary to insure that it will not be of detriment to and is designed to be compatible with land uses and the area surrounding its location.  It also must be consistent with the objectives and purposes of this ordinance.

61.146

Standards for Conditional Uses:  The zoning administrator, Commission, or Council shall approve a development permit authorizing a conditional use unless one or more of the following findings with respect to the proposed development is made:

1. Provisions for vehicular loading, unloading, parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will create hazards to safety, or will impose a significant burden upon public facilities.
2. The intensity, location, operation, or height of proposed buildings and structures will be detrimental to other private development in the neighborhood or will impose undue burdens on the sewers, sanitary and storm drains, water or similar public facilities.
3. The provision for on‑site bufferyards and landscaping does not provide adequate protection to neighboring properties from detrimental features of the development.
4. The site plan fails to provide for the soil erosion and drainage problems that may be created by the development.
5. The provisions for exterior lighting create undue hazards to motorists traveling on adjacent public streets or are inadequate for the safety of occupants or users of the site or such provisions damage the value and diminish the usability of adjacent properties.
6. The proposed development will create undue fire safety hazards by not providing adequate access to the site, or to the buildings on the site, for emergency vehicles.
7. In cases where a Phase I plan has been approved, there is a substantial change in the Phase II site plan from the approved Phase I site plan, such that the revised plans will not meet the standards provided by this paragraph.
8. The proposed conditional use does not comply with all the standards applying to permitted uses within the underlying zoning district, or with standards specifically applicable to the type of conditional use under consideration, or with specific ordinance standards dealing with matters such as signs which are part of the proposed development, and a variance to allow such deviation has not been secured by the applicant.

61.147

Conditions on Approval:  In considering an application for a development permit to allow a Conditional Use, the designated hearing body shall consider and may impose modifications or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Paragraph 61.146.

61.148

Staff Authorized Changes to Approved Conditional Use Permits: It is the intent to permit the zoning administrator to authorize minor, routine changes to approved conditional use permits if necessitated by engineering factors, changing economic conditions, or other circumstances unforeseen at the time the plan was approved.  Such changes may include modification in building locations, building height, the amount of floor area, exterior facades, landscaping materials and placement, the design of public landscaping materials and placement, the design of public facilities, lot coverage, and the addition, deletion or change of accessory structures or uses, including mailboxes, storage areas and signs.

In making a determination to approve a change, the zoning administrator shall find that the proposed change will not adversely impact any adjacent property, will not result in the project exceeding any ordinance standards, and will not result in:

1. A change in use of the property, or, in the case of residential development, an increase in the number of approved dwelling units;
2. An increase in the floor area ratio which will result in more than ten (10%) percent increase in building coverage on the lot;
3. Creation of potential problems associated with traffic circulation on‑site and at access points;
4. Potential problems in the provision of public facilities and utilities;
5. A reduction in off‑street parking and loading spaces, unless accompanied by concurrent reduction in dwelling units or (in the case of non‑residential development) floor area;
6. A change in building locations which would result in distance separations between structures in the development and on adjacent lots to fall below the normal separation that would be required under conventional zoning.

All changes other than those listed above shall be subject to approval by the same type procedure by which the original approval was obtained.

This section is not applicable to any aspect of an approved conditional use permit which is addressed in a development agreement.

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