§ 403.060. Conditional Use Permits.  


Latest version.
  • A. 
    Overview/Applicability. A conditional use permit provides flexibility for different uses within a zoning district and allows the potential for additional uses that due to their varying design and operational characteristics of the use or due to conditions in the area are not generally appropriate in that district, but require a case-specific review to determine the compatibility in a specific context and location.
    B. 
    Review Criteria. A conditional use permit shall be reviewed according to the following criteria:
    1. 
    The application furthers the intent of the proposed zoning district and supports that of any abutting districts.
    2. 
    Compliance of any proposed development with the requirements of this Development Code.
    3. 
    Whether any additional site-specific conditions are necessary to meet the purposes and intent of this Development Code and the intent or design objectives of any applicable Subsections of this Development Code.
    4. 
    The impact on the public realm, including the design and functions of streetscapes and relationships of building and site elements to the streetscape.
    5. 
    The adequacy of drainage, utilities and other public facilities.
    6. 
    Compatibility with the character of the area in terms of building scale, building form, landscape and site design.
    7. 
    Compatibility with the area in terms of operating characteristics such as hours of operation, visible and audible impacts, traffic patterns, intensity of use as proposed or foreseeable, and other potential impacts on adjacent property.
    8. 
    The application will not prevent development and use of the neighboring property in accordance with the applicable development regulations.
    9. 
    The long-range plans applicable to the site and surrounding area are not negatively impacted considering the permanence of the proposed use, the permanence of existing uses in the area, and any changes in character occurring in the area.
    10. 
    The recommendations of professional staff.
    C. 
    Effect Of Decision. Findings of fact identifying and evaluating all factors relevant to the application shall be made part of the public record. Approval shall be subject to those specific facts and any additional conditions made as part of the review and approval. Any amendment to a conditional use permit shall require the same process as the original approval.
    D. 
    Lapse Of Approval. An approved conditional use permit shall expire and be of no further effect if an application for a building or occupancy permit for all buildings and uses shown on the application is not filed within one (1) year of the date of the approval.
R.O. 1996 § 403.060; Ord. No. 4558 § 1, 8-3-2015