Conditional Uses



Section _________. The uses listed in Section _________ of this ordinance have been declared uses that under certain circumstances may be in conflict with the objectives of the general zoning plan. In light of this possible conflict, the uses listed in this ordinance will be permitted only on granting of a Conditional Use Permit after application to the _________[zoning board].

Paragraph 1. Application shall be made on a form prescribed by the _________[zoning board].

The application must contain the following information, and no application shall be heard that does not contain this information.

(a). Name and address of applicant.

(b). Statement of ownership of the questioned property executed by the owner or the owner's agent under penalty of perjury.

(c). Description of the property, including legal description and address, and common means of identification.

(d). Map of the boundaries of the parcel and each separate lot or parcel within 300 feet of the exterior boundaries thereof; together with a list of the names and addresses of the last known owners of public record of each parcel.

(e). A statement indicating the precise manner of compliance with each of the applicable provisions of this ordinance together with any other information pertinent to the findings prerequisite to the granting of a use permit, prescribed in _________[applicable sections] of this ordinance.

(f). An accurate scale drawing of the site showing the contours at intervals of not more than _________ feet and the locations of any existing and proposed streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.

(g). Such other information, plans, maps, diagrams and information that may be necessary to assure full presentation of pertinent facts for the record and to assist the _________[zoning board] in making a determination.

Paragraph 2. The application must be accompanied by a receipt showing that the application fee of _________ Dollars ($_____) has been paid.

Paragraph 3. The _________[zoning board] shall hold a public hearing within _________ days after acceptance of the application.

(a). Notice of the time and place and purpose of each public hearing shall be given as follows:

At least _________ days prior to the date set for the hearing, and not before _________ days prior to that date, the _________[officer, such as: city clerk] shall see that a notice thereof is mailed to each property owner whose name and address appears on the list accompanying the application as required by Paragraph 1(d) above. The notice must give the date, time and place of the hearing, the name of the applicant, the request of the application, the identification of the subject property and such other information as may be prescribed by the _________[zoning board] in any individual case. In the event there are more than _________[number] such property owners listed as required by Section 1(d) above, the _________[city clerk] may, in lieu of the mailing required in this ordinance, cause a notice to be published in a newspaper of general, local circulation at least _________ times each week, for _________ weeks prior to such meeting, and shall also post notices in conspicuous places, including the city hall, and at a location close to the subject property at least _________ days prior to the hearing.

Paragraph 4. The _________[zoning board] shall receive, investigate, hear and decide every application for a use permit which meets the qualifications of Sections 1 and 2 of this ordinance.

Paragraph 5. The _________[zoning board] may grant the use permit provided that it is established by evidence presented to the board that the proposed use is in accordance with the provisions of the general plan and this ordinance, and further that the following qualifications have been met:

(a). The location of the proposed use is compatible to other land uses in the general neighborhood area and does not place an undue burden on existing transportation, utilities and service facilities in the vicinity.

(b). The site is of sufficient size to accommodate the proposed use together with all yards, open spaces, walls and fences, parking and loading facilities, landscaping and such other provisions required by this ordinance.

(c). The site will be served by streets of sufficient capacity to carry the traffic generated by the proposed use.

(d). The proposed use, if it complies with all conditions on which approval is made contingent, will not adversely affect other property in the vicinity or the general welfare of the city.

Paragraph 6. The _________[zoning board] may deny the application for a use permit.

Paragraph 7. In approving any application for a use permit, the _________[zoning board] may require higher standards of site development than listed for such use in this ordinance and may make approval contingent on the acceptance and observance by the applicant of specified conditions relating to, but not limited to, the following considerations:

(a). Conformity to plans and drawings submitted with the application;

(b). The provision of open spaces, buffer strips, screen walls, fences, hedges and landscaping;

(c). The volume of traffic generated, vehicular movements within the site, and points of vehicular ingress and egress;

(d). Performance characteristics related to the emission of noise, vibration and other potentially dangerous or objectionable elements;

(e). Limits on time of day for the conduct of specified activities;

(f). Guarantees as to compliance with the terms of the approval.

Paragraph 8. Within _________ days following the date of a decision of the _________[zoning board] on a use permit application, the decision may be appealed to the _________[board of zoning appeals or as the case may be] by the applicant or by any other interested party. An appeal must be in a form prescribed by that board and shall be filed with the _________[secretary] of that board. The appeal shall state specifically the error or abuse of discretion claimed to have been committed by the _________[zoning board], or shall state the reasons that appellant considers the ruling not supported by the evidence.

An appeal filed by any person other than the original applicant or the original applicant's agent shall be subject to a filing fee, and may not be accepted without such fee.

Within _________ days of receipt of the appeal, it shall be transmitted to the _________[city clerk] who shall compile all the evidence presented at the hearing on the application, and all other pertinent information that is part of the record, including the original application, the appeal, the maps and drawings of the subject property and surrounding area as required by Paragraph 1(d), the minutes of the hearing, and the findings and decision of the hearing board.

Notice shall be given to the appellant and to the applicant, if they are not the same person, and may be given to any other interested parties, of the date, time and place the appeal will be considered.

Paragraph 9. Within _________ days the _________[board of zoning appeals] may on its own initiative begin proceedings to review the decision made on the application by the hearing board.

Within _________ days after the _________[appellate board] has taken such action, the _________[title of officer] shall collect all relevant information, as described in Paragraph 8, and transmit the same to the _________[appellate board]. The _________[officer] shall also notify the applicant and any other interested parties of the decision of the _________[appellate board] within this period of the action taken, and the time at which the matter of the application will be formally reviewed by the _________[appellate board].

Paragraph 10. Should an appeal be taken by the applicant or any other interested party, or should the _________[appellate board] itself decide to review the _________[zoning board's] decision, the _________[appellate board] shall hold a public hearing within _________ days after such appeal has been filed or decision to review has been made.

All evidence given at the original hearing may be admitted at this hearing without representing it.

The _________[appellate board] may affirm, reverse or modify the original decision on the application, provided that if the decision is to reverse a denial of the application, or to modify a granting of the application, the board must make findings pursuant to Paragraphs 5 and 7 of this ordinance.

Paragraph 11. The use permit granted shall become effective _________[date beyond which appeal or review is possible] days after its granting, or affirmation or modification by the _________[appellate board].

Paragraph 12. Unless a renewal of the use permit is requested, it shall lapse _________ days after its issuance unless prior to that date a building permit has been issued and construction is commenced and diligently pursued. A request for a renewal must be accompanied by a statement under penalty of perjury by the applicant or the applicant's authorized agent stating the reason no building permit has been issued and/or the reason no construction has been commenced. A use permit may be renewed by the _________[zoning board] for a period of _________ days. Within _________ days following the denial of a request for renewal, an appeal may be taken to the _________[appellate board], which shall render a decision on the denial of this request within _________.

Paragraph 13. On violation of any of the provisions of this or any other applicable ordinances by a holder of a use permit, or on failure of the holder to comply with conditions of a use permit granted on conditions, the use permit shall be suspended automatically. A hearing shall be called within _________ days, and at the hearing the _________[appellate board] must be satisfied that either the violation has been discontinued or the conditions met; otherwise the permit will be revoked.