(a)

In order to provide flexibility and to help diversify uses within a zoning district, specified uses are authorized in certain districts only as conditional uses. Such uses may be initiated, permitted and maintained only pursuant to a conditional use permit in accordance with this Article. Specific conditional uses for each zone district are listed in the district regulations for each district.

(b)

Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to their effects on surrounding properties. The review process prescribed in this Article is intended to assure compatibility between and among conditional uses, surrounding properties and the City at large. Conditional uses may be permitted subject to such conditions and limitations to ensure that the location and operation of the conditional uses will be in accordance with the conditional use criteria. The scope and elements of any conditional use may be limited or qualified by the conditions applicable to the specific property.

(Ord. 09-14 §23, 2014)

(a)

Preapplication meeting. The applicant shall meet with the City Manager prior to formal submittal to determine key issues and process requirements.

(b)

Formal application. Following the preapplication meeting, the applicant shall submit a formal application, which shall include the following items:

(1)

Land use application form.

(2)

Application fee and review deposit, each as set forth in the Fee Schedule adopted by the City Council from time to time.

(3)

Written statement of intent and any graphics necessary to: (i) describe the precise nature of the proposed use and its operating characteristics; (ii) describe the possible impacts of the use, both positive and negative; and (iii) illustrate how all conditional use review criteria are satisfied by the proposed use.

(4)

Site plan, on a minimum of 8½" x 11" paper, including the following:

a.

Location of all existing and proposed structures, including distance to all lot lines, and the specific use of each;

b.

Location and dimensions of all existing streets, alleys, easements, drainage areas, floodplains, floodways and other significant features within or adjacent to the site;

c.

North arrow;

d.

Elevation views of the structures to be constructed or altered, including height;

e.

Description of materials and colors to be used;

f.

Parking and traffic circulation;

g.

Non-vehicular circulation, including size and type (including surface material) of pathway and points of connection;

h.

Landscape plan for the property and adjacent rights-of-way;

i.

For new principal structures, indicate by the use of arrows the direction of flow of runoff water after final grading. Runoff must flow to the street or alley and cannot flow onto adjacent properties; and

j.

For new principal structures, elevations of structures on adjacent properties.

(5)

Such additional material as the City Manager may prescribe or the applicant may submit pertinent to the application.

(6)

Two (2) sets of stamped envelopes addressed to the owners of all adjacent properties for use by the City to provide notice to all adjacent property owners.

(c)

Confirmation of completion. Within ten (10) days, staff shall determine whether the application is complete and in compliance with all submittal requirements and shall so notify the applicant in writing. An application determined to be incomplete shall be returned to the applicant with written notification of deficiencies. The applicant shall then correct any deficiencies in the application package, if necessary, and submit the required revisions to the City.

(d)

Staff referral. Upon confirmation of completion, the City Manager shall refer the application to appropriate City staff for review and comment.

(e)

Public hearings.

(1)

Within forty-five (45) days after confirmation of completion, the Planning and Zoning Commission (the "Commission") shall hold a public hearing on the application, considering the criteria contained in Section 16-15-30 below, and shall by resolution make a recommendation to the City Council for the approval, approval with conditions or denial of the application.

(2)

Within forty-five (45) days after the Commission's hearing, the City Council shall hold a public hearing on the application.

(3)

Notice.

a.

At least fifteen (15) days prior to each hearing, the City Clerk shall notify the applicant in writing of the time and place of the public hearing.

b.

At least fifteen (15) days prior to each hearing, the City Clerk shall mail notice of the hearing, including the date, time and place of the hearing, to each adjacent property owner.

c.

At least ten (10) days prior to each hearing, the City shall post notice of the hearing on the property. Each sign shall be at least two (2) feet by three (3) feet in size, with letters of such type and size as shall substantially fill the sign with the following language. Each sign shall be erected in a conspicuous location along each public street abutting the subject property, shall be dated and shall read as follows:

  CITY OF EDGEWATER

NOTICE OF PUBLIC HEARING ON AN APPLICATION FOR A CONDITIONAL USE PERMIT

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE [EDGEWATER CITY COUNCIL OR PLANNING AND ZONING COMMISSION] IN THE CITY COUNCIL CHAMBERS AT THE EDGEWATER MUNICIPAL BUILDING, 2401 SHERIDAN BLVD., AT 7:00 P.M. ON  (DATE) , TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT CONCERNING THIS PROPERTY. ALL THOSE WISHING TO BE HEARD SHOULD BE PRESENT AT THE TIME AND PLACE STATED ABOVE. FOR MORE INFORMATION, CONTACT THE CITY CLERK AT (303) 238-7803.

d.

At least ten (10) days prior to each hearing, the City Clerk shall cause notice of the hearing to be published in a newspaper of general circulation within the City.

(Ord. 09-14 §23, 2014)

(a)

The Planning and Zoning Commission and the City Council shall evaluate the conditional use application pursuant to the following criteria. It shall be the burden of the applicant to establish, by a preponderance of evidence, that each of the following criteria are met:

(1)

The use is designated as a conditional use in the zone district in which it is proposed to be located by either the express terms of this Chapter or pursuant to a written determination issued by the City Manager in accordance with Section 16-3-140 of this Chapter;

(2)

The use is compatible with the general purpose, goals and policies of the Comprehensive Plan;

(3)

The use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the general health, welfare, safety and convenience of persons residing or working in the neighborhood nor injurious to property or improvements in the community.

(4)

The use will be adequately served with public utilities, services and facilities (i.e., water, sewer, electric, schools, street system, fire protection, public transit, storm drainage, refuse collection, parks system, etc.) and will not impose an undue burden above and beyond those of the permitted uses of the district.

(5)

The use will comply with the regulations and conditions specified in this Code for such use.

(6)

The use is compatible in function and design with surrounding land uses.

(7)

The use will result in efficient on- and off-site traffic circulation which will not have an adverse impact on the adjacent uses or result in hazardous conditions for pedestrians or vehicles in or adjacent to the site.

(8)

Potential negative impacts of the use on the rest of the neighborhood, such as those caused by traffic, activity levels, light, noise, odor, building type or scale, hours of operation and erosion, have been mitigated through setbacks, architecture, screen walls, landscaping, site arrangement or other methods.

(b)

Final approval or disapproval of a conditional use rests with the City Council. The City Council shall make its decision after considering the recommendation of the Planning and Zoning Commission. Unless a business license has been issued for the use, or a building permit issued for the project, within one (1) year from the date of conditional use approval, the conditional use approval shall expire.

(Ord. 09-14 §23, 2014)