Blue Mound City Zoning Code
§ 24
CONDITIONAL USES.
A.
PURPOSE.
The purpose of the Conditional Use procedure is to allow for review of uses which would not be appropriate generally or without certain restrictions throughout a zoning district, but which, if controlled as to the number, area, location or relation to the neighborhood would promote the health, safety, and welfare of the community. The procedure is intended to allow broad public review and evaluation of the proposed development and to ensure adequate mitigation of potentially unfavorable impacts.
B.
SUBMISSION REQUIREMENTS AND PROCEDURE.
An application for a Conditional Use Permit shall be submitted to the City Secretary, along with any applicable fee required by Section 31, in accordance with rules established by the City Council prior to the next regular meeting of the City Council. The application shall include the same requirements for a development plan in Section 16. The City Secretary shall schedule a public hearing at the next regular meeting of the City Council and shall provide notice to property owners of real property lying within two hundred feet (200') of the property on which a conditional use is sought. Such notice shall be mailed to property owners no less than ten (10) days before the date set for the public hearing. Notice of the public meeting shall be posted at least seventy-two (72) hours prior to the public hearing in accordance with State law.
The City Secretary shall review the application and submit a report to the City Council. This report shall be made available to the applicant prior to the public hearing.
The City Council shall review the application against the Review and Evaluation criteria and approve, conditionally approve, or deny the Conditional Use Application.
C.
REVIEW AND EVALUATION CRITERIA.
The Conditional Uses application shall be reviewed and evaluated using the following criteria:
1.
Conformance with applicable regulations and standards established by the Zoning Ordinance.
2.
Compatibility with existing or permitted uses on abutting sites in terms of building height, bulk, scale, setbacks, open spaces, landscaping and site development, and access and circulation features.
3.
Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent such impacts exceed those which reasonably may result from use of the site by a permitted use.
4.
Location, lighting, and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties.
5.
Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable and anticipated in the area considering existing zoning and land uses in the area.
D.
LAPSE OF APPROVAL AND MODIFICATIONS.
A Conditional Use Permit shall be valid for one (1) year from the date of approval unless prior to such expiration date a building permit is issued and construction is commenced or the actual use, if not requiring a building permit, is commenced. The expiration date may be extended by the City Council upon application.
Approval of a Conditional Use Permit automatically expires upon a change in ownership. The City Council may grant continuance of the conditional use upon application.
Minor modifications of a Conditional Use Permit may be made if the City Secretary determines such modifications will not change the intent and effect of the approval by the City Council.
(Ordinance 200 adopted 7/19/88)