The purpose of this chapter is to provide for a reasonable application, review, and approval process for land uses that are specified as "conditional," such that proposed new land uses meet Metro Township standards and are properly integrated into the community and that those that appear to violate Metro Township standards are effectively mitigated or prohibited. Conditional uses shall be approved on a case-by-case basis provided the applicant adequately demonstrates that negative impacts of the use can be mitigated through the imposition of reasonable conditions of approval.

(Ord. 1627 § 8 (part), 2008: prior code § 22-31-1)

A conditional use permit shall be required for all uses listed as conditional uses in the district regulations or elsewhere in this title.

(Ord. 1279 § 5, 1994: Ord. 947 § 2, 1986: prior code § 22-31-2 (part))

Only when the following elements are satisfied is a conditional use application deemed complete:

1. Application for a conditional use permit shall be made by the property owner or certified agent thereof in writing upon the form(s) designated by the director or director's designee.
2. Accompanying Documents. Detailed site plans and specifications drawn to scale, unless waived by the director or director's designee, shall be submitted with the application.
3. Fee. The initial application fee for any conditional use permit, as provided for in Section 3.52.040 of this code, shall be paid. The payment of a partial application fee, or the submittal of plans for a pre-submittal review, does not constitute a complete application.

(Ord. 1627 § 8 (part), 2008: prior code § 22-31-2(1)—(3))

1. The director or the director's designee shall administer an application review procedure in which the proposed use and the proposed site development plan are evaluated for compliance with all applicable ordinances and codes and for anticipated detrimental effects.
2. The application review procedure shall contain the following components:
   1. Referral of the application to all affected entities;
   2. A review of the proposed site plan for compliance with applicable sections of the zoning ordinance;
   3. A review of the proposed use and site plan to ascertain potential negative impacts and whether reasonable conditions can be imposed to mitigate those impacts.
3. The application review procedure may include the following:
   1. Referral of the application to government or regulating entities for recommendations;
   2. A pre-application meeting, in which preliminary site plans are reviewed and discussed prior to finished plans being submitted for review;
   3. An on-site review of the proposal by the director, director's designee or staff;
   4. A requirement that the applicant submit impact studies or other technical studies regarding grading, drainage, traffic, geologic hazards, etc.
4. The director, director's designee or staff shall present a review, summary and recommendation to the planning commission after having provided the applicant with a copy as required by state law. The recommendation shall remain part of the public record.
   

(Ord. 1627 § 8 (part), 2008: Ord. 1473 (part), 2001: Ord. 982 § 20, 1986: prior code § 22-31-2(4))

The planning commission has the authority to approve, deny, or approve with conditions conditional use applications.

1. Planning Commission Approval.
   1. The planning commission shall review and approve or deny each application during a public meeting.
   2. The planning commission's decision shall be based on information presented through the public meeting process, including: the materials submitted by the applicant, the recommendation of the director or director's designee, and input from interested parties and affected entities.
   3. If conditions are specified, the director or director's designee shall issue a final approval letter upon satisfaction of the planning commission's conditions of approval.
   4. If the applicant fails to meet all conditions of approval within twelve months of the planning commission's decision, the application is deemed denied. A twelve-month extension may be granted upon the payment of an additional filing fee equal to the original filing fee.
   5. A planning commission decision shall be made on a complete conditional use application within a reasonable time frame, not to exceed ninety days. The planning commission is authorized to review and take action on an application as outlined in Section 19.84.040 after having notified the applicant of the meeting date.
   6. Failure by the applicant to provide information that has been requested by the planning commission, the director or director's designee to resolve conflicts with the standards in Section 19.84.060 (above) may result in an application being denied.
2. Decision. Each conditional use application shall be:
   1. Approved if the proposed use, including the manner and design in which a property is proposed for development, complies with the standards for approval outlined in Section 19.84.060; or
   2. Approved with conditions if the anticipated detrimental effects of the use, including the manner and design in which the property is proposed for development, can be mitigated with the imposition of reasonable conditions to bring about compliance with the standards outlined in Section 19.84.060; or
   3. Denied if the anticipated detrimental effects of the proposed use cannot be mitigated with the imposition of reasonable conditions of approval to bring about compliance with the standards outlined in Section 19.84.060.

(Ord. 1627 § 8 (part), 2008: Ord. 1609 § 17 (part), 2007: Ord. 1248 § 2, 1993: Ord. of 5/29/85; prior code § 22-31-2(5) (part))

Prior to approval, all conditional uses and accompanying site development plans must be found to conform to the following standards:

1. The proposed site development plan shall comply with all applicable provisions of the zoning ordinance, including parking, building setbacks, and building height.
2. The proposed use and site development plan shall comply with all other applicable laws and ordinances.
3. The proposed use and site development plan shall not present a serious traffic hazard due to poor site design or to anticipated traffic increases on the nearby road system which exceed the amounts called for under the Metro Township transportation master plan.
4. The proposed use and site development plan shall not pose a serious threat to the safety of persons who will work on, reside on, or visit the property nor pose a serious threat to the safety of residents or properties in the vicinity by failure to adequately address the following issues: fire safety, geologic hazards, soil or slope conditions, liquifaction potential, site grading/topography, storm drainage/flood control, high ground water, environmental health hazards, or wetlands.
5. The proposed use and site development plan shall not adversely impact properties in the vicinity of the site through lack of compatibility with nearby buildings in terms of size, scale, height, or noncompliance with community general plan standards.

(Ord. 1627 § 8 (part), 2008: Ord. 1473 (part), 2001: Ord. 982 § 21, 1986: prior code § 22-31-2(5) (part))

1. Whenever the planning commission determines that there is a reasonable likelihood that graffiti will be placed on the surfaces of proposed improvements it shall require, as part of the conditional use approval, that the applicant apply an anti-graffiti material, approved by the development services division, to each of the surfaces to be constructed. The anti-graffiti material shall be used on surfaces from ground level to a height of nine feet. The planning commission may approve dense planting or appropriate design measures in place of anti-graffiti materials.
2. Whenever the planning commission becomes aware of graffiti having been placed on any surfaces constructed as part of development approved as a conditional use, it may require that the applicant or his/her successor in interest apply an anti-graffiti material to such surfaces where no such material was previously required.
   

(Ord. 1290 § 4, 1995)

Any adversely affected person shall have the right to appeal to the land use hearing officer any decision rendered by the planning commission, the director or director's designee by filing in writing, stating the reasons for the appeal with the land use hearing officer, within ten days following the date upon which the decision is made. Appeals to the land use hearing officer shall comply with the following procedures:

1. Upon scheduling a hearing date, the land use hearing officer shall notify the planning commission coordinator at least two weeks prior to the hearing to allow preparation of the record.
2. The planning commission coordinator shall prepare a copy of the record of the proceedings and decision being appealed for presentation to the land use hearing officer.
3. The hearing officer shall review the record, and may not accept or consider any evidence outside the record unless the evidence was offered to and was excluded by the planning commission, the director or director's designee and the hearing officer determines that it was improperly excluded.
4. The land use hearing officer shall review the planning commission's or the development services division's actions to determine whether the decision was arbitrary, capricious, or illegal.
5. The filing of an appeal does not automatically stay the decision; however, the land use hearing officer has the authority to stay the decision while the appeal is pending.
6. After review of the record and written and oral argument on both sides, the hearing officer may affirm, reverse, alter, or remand to the planning commission, the director or director's designee for further review and consideration the action taken by the planning commission, the director or director's designee.

(Ord. No. 1758, § XV, 9-24-2013; Ord. 1627, § 8 (part), 2008; Ord. 1473 (part), 2001; Ord. 982, § 23, 1986; prior code § 22-31-2(5) (part))

1. Unless otherwise designated, a decision approving a conditional use application shall be a preliminary approval of the application.
2. Except as specified in subsection C of this section, the planning and development services director is authorized to grant final approval of conditional use applications after all of the conditions and requirements of the preliminary approval which are necessary for the final approval have been met. Final approval of a conditional use application shall be in the form of a letter to the applicant which, together with the approved site plan if required, shall constitute the conditional use permit.
3. The planning commission may require as a condition of preliminary approval that a conditional use application be brought before the planning commission for consideration of final approval.
   

(Ord. 1473 (part), 2001: Ord. 1071 § 3, 1989)

A conditional use permit may be revoked by the planning commission upon a finding of failure to comply with the terms and conditions of the original permit or for any violation of this title occurring on the site for which the permit was approved. Prior to taking action concerning revocation of a conditional use permit, a hearing shall be held by the planning commission. Notice of the hearing and the grounds for consideration of revocation shall be mailed to the permittee at least ten days prior to the hearing.

(Ord. 1627 § 9 (part), 2008: Ord. 1279 § 2, 1994)

The planning commission may appoint, with the concurrence of the Metro Township Council Chair, a hearing officer or officers to make recommendations to the planning commission as to whether cause exists for the planning commission to consider revoking any conditional use permit. Prior to making any recommendation to the planning commission, an evidentiary hearing shall be conducted by the hearing officer to determine whether the permittee has failed to comply with the terms and conditions of the original permit or has otherwise violated any provision of the zoning ordinance occurring on the site for which the permit was approved. The hearing officer shall notify the planning commission if any violations have been corrected by the permittee prior to the issuance of the hearing officer's recommendations.

(Ord. 1627 § 9 (part), 2008: Ord. 1473 (part), 2001: Ord. 1279 § 3, 1994)

Following the issuance of a conditional use permit by the planning commission the building official shall approve an application for a building permit pursuant to Chapter 19.94 of this title and shall ensure that development is undertaken and completed in compliance with the permits.

(Ord. 1473 (part), 2001: prior code § 22-31-2(7))