El Reno City Zoning Code
ARTICLE XXII
Conditional Use Permits
§ 361-143 Procedure for authorizing conditional uses.
Where the letter "P" appears for certain uses in the tables of permitted uses, their use is permitted subject to acquiring a conditional use permit. The uses designated under the various districts herein as "conditional uses" are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses makes it desirable that they be permitted to locate therein. The following procedure is established to integrate properly the conditional uses with the other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure:
A.
An application, using the prescribed form, shall be filed with the Municipal Planning Commission for review. An application fee for a conditional use permit shall be accompanied by a fee of $125 to cover costs of administrative review. The applicant must also supply a certified list of all surface property owners within a three-hundred-foot radius of the exterior boundary of the subject property.
[Amended 8-6-2002 by Ord. No. 2944]
(1)
No part of any such fee shall be returnable, except upon written notice of withdrawal filed with the Zoning Administrator prior to the giving of notice of the hearing on the application, the applicant shall be entitled to a refund of 80% of the fee. In the event of such withdrawal, the Zoning Administrator shall certify to the Clerk of the City that a refund is due by reason thereof, and upon such certification the Clerk is hereby authorized and directed to make such refund.
(2)
No application for a conditional use permit for any property which has been denied by the Council or withdrawn by the applicant shall be resubmitted in either the same or substantially the same form or with reference to substantially the same premises for the same purpose in less than one year from the date of final action thereon.
B.
The City Planning Commission shall hold one or more public hearings thereon. Such notice shall follow the same procedure as for an amendment as specified in § 361-150. In the event an applicant files an application for an amendment concurrently with an application for a conditional use, the Planning Commission may, upon its option, consider both applications concurrently upon proper notice having been given.
C.
The Planning Commission shall investigate and take action upon every application for a conditional use and after the hearing shall recommend to the Council the issuance of a conditional use permit therefor only if the evidence presented at the hearing is such as to establish:
(1)
That the location of the proposed use is compatible to the other land uses in the general neighborhood area and does not place an undue burden on existing transportation and service facilities in the vicinity;
(2)
That the site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping and such other features as are required by this chapter;
(3)
That the site will be served by streets of capacity sufficient to carry the traffic generated by the proposed use; and
(4)
That the proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity.
D.
The Planning Commission shall, within 45 days of the date of application, transmit to the City Council its report as to the effect of such proposed building or use upon the character of the neighborhood, traffic condition, public utilities and other matters pertaining to the general welfare, and the recommendation of the Planning Commission concerning use thereon. Thereupon, the City Council may authorize or deny the issuance of a building permit for the use of land or buildings, as requested. The City Council, in acting upon the application, may provide that approval of the conditional use shall be contingent upon acceptance and observance of specified conditions, including, but not limited to, the following matters:
(1)
Conformity to plans and drawings submitted with the application;
(2)
Special yards, open spaces, buffer strips, walls, fences, concealing hedges, and landscaping;
(3)
Volume of traffic generated, vehicular movements within the site, and points of vehicular ingress and egress;
(4)
Performance characteristics, related to the emission of noise, vibration and other potentially dangerous or objectionable elements;
(5)
Limits of time of day for the conduct of specified activities;
(6)
The period within which the permit shall be exercised, or otherwise shall lapse; and
(7)
Guarantees as to compliance with the terms of the approval.
E.
For certain specific conditional uses, the Municipal Planning Commission shall consider the following additional criteria, in addition to the criteria established in Subsection C of this section:
[Added 8-8-2023 by Ord. No. 9332]
(1)
For medical marijuana uses:
(a)
General nuisances. All applicable federal, state, and municipal standards for any airborne emissions, noise, glare, odor, vibrations, smoke, or dust associated with the operation will not cause adverse impacts to adjacent properties.
(b)
Impact on adjacent properties. In considering the applicability of the conditional use, the potential of odor to permeate to neighboring occupancies, whether or not on the same parcel, shall be considered.
§ 361-144 Changes in conditions.
Applications may be made, subject to the same regulations and procedures as those which apply to new conditional uses, to modify or waive any condition imposed in authorizing a conditional use. After public hearing, any such conditions may be modified or waived upon a finding that such change or waiver is necessary for the preservation of a substantial property right of the applicant or to avoid practical difficulties or unnecessary hardships, and is consistent with the purposes of this chapter.
§ 361-145 Continuance of conditional uses.
Whenever a use classified and listed herein as a conditional use in the district lawfully exists at the effective date of this chapter, such use, as long as it remains the same, shall be deemed to be an authorized conditional use without further action. Whenever any such use, or any use hereafter authorized as a conditional use, is abandoned or discontinued for one year, such use shall not be reestablished unless it is authorized under new proceedings as provided herein.