Fairfield City Zoning Code

   The purpose of this subchapter is to establish standards for certain land uses listed in each zone as conditional uses.

(Prior Code, § 10.17.10)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   APPLICANT. The property owner or authorized agent who submits an application for a conditional use permit under this subchapter.

   CONDITIONAL USE. A land use that, because of its unique characteristics or potential impacts on the municipality, surrounding neighbors or the community, requires special consideration, evaluation and reasonable conditions to mitigate adverse effects.

   CONDITIONAL USE PERMIT (CUP). An official authorization issued by the town allowing a conditional use to be established on a specific property, subject to compliance with conditions imposed by the land use authority to mitigate reasonably anticipated detrimental effects.

   DETRIMENTAL EFFECTS. Reasonably anticipated adverse impacts of a proposed use, including, but not limited to, noise, traffic, environmental degradation, incompatible aesthetics, safety risks or disruption to the community character or adjacent properties.

   FINDINGS OF FACT. A set of conclusions supported by the factual evidence presented during the CUP review process, used by the land use authority to determine compliance with the applicable standards.

   LAND USE AUTHORITY. The designated body or individual responsible for reviewing and making decisions on land use applications, including conditional use permits. For purposes of this subchapter, the Planning Commission serves as the LAND USE AUTHORITY unless otherwise specified.

   MITIGATION. Measures required to eliminate or minimize the negative impacts of a conditional use, such as screening, buffering, site design modifications, hours of operation restrictions or infrastructure improvements.

   MONITORING PLAN. A strategy or schedule submitted by the applicant and/or required by the land use authority to ensure ongoing compliance with the conditions of approval for a conditional use over time.

   REASONABLE CONDITIONS. Conditions imposed by the land use authority that are proportionate, related to mitigating anticipated detrimental effects and necessary to ensure the use is compatible with the surrounding area.

   SITE PLAN. A detailed drawing or set of plans submitted with a conditional use application showing proposed improvements, structures, access, parking, landscaping, utility connections, drainage and other required elements.

   SUBMITTALS. Documents and supporting materials required for a complete CUP application, including site plans, narratives, traffic studies, utility plans and other evidence necessary to demonstrate compliance with applicable standards.

   USE COMPATIBILITY. The extent to which the proposed use is harmonious with surrounding land uses in terms of scale, intensity, operation, aesthetics and potential impacts.

   VICINITY PLAN. A drawing or map showing the subject property and surrounding properties, land uses and infrastructure within a defined radius to help assess potential impacts of the proposed conditional use.

(Prior Code, § 10.17.20)

   (A)   A land use authority shall approve a conditional use permit if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards and criteria.

   (B)   Unless stated otherwise in this code, the Planning Commission is hereby authorized, as the land use authority, to review and render a decision for all conditional use applications in accordance with the requirements of this subchapter.

(Prior Code, § 10.17.30)

   Each zone will govern what conditional use will be allowed in that zone. Each zone may have additional conditions listed to fully mitigate adverse impacts.

(Prior Code, § 10.17.40)

   (A)   (1)   All requests for a conditional use as identified in this subchapter shall be made on an application form provided by the town.

      (2)   A property owner may present a conditional use application for review and decision, or an agent of the property owner or a lessee of the property may present a conditional use application for review and decision, provided such application is accompanied by a property owner affidavit of authorization. All applications shall be considered by the Planning Commission.

   (B)   The application process for conditional use is as follows:

      (1)   Fill out business license application;

      (2)   Applicant shall supply the town with addresses and envelopes for all landowners that are located within 300 feet of the proposed business (to be turned in with application);

      (3)   Pay all appropriate fees;

      (4)   Building Department shall review the application for approval;

      (5)   Planning Commission shall review the application for approval and hold a public hearing;

      (6)   Approval authority approves the CUP;

      (7)   Mayor signs the building permit, if approved (no license is valid without the Mayor’s signature);

      (8)   Licensing Official issues approved business license to applicant;

      (9)   Licensing Official mails said permit to applicant; and

      (10)   Fire inspection may be required.

   (C)   The presentation/application to the Planning Commission shall include the following when appropriate. Those requirements not applicable may be removed by the Chairperson of the Planning Commission:

      (1)   Size, configuration and location of the site, and proposed site plan layout;

      (2)   Proposed site ingress and egress to existing and proposed roads and streets;

      (3)   The provision of public facilities and amenities, including roads and streets, culinary water, sanitary sewer, storm drainage, public safety and fire protection and other utilities;

      (4)   The location and amount of off-street parking and loading areas;

      (5)   Site circulation pattern for vehicular and pedestrian traffic;

      (6)   Building size and location;

      (7)   The location and design of all site features, including proposed signage, lighting and refuse collection;

      (8)   The provision of usable open space, public features and recreational amenities;

      (9)   Fencing, screening and landscape treatments and other features designed to increase the attractiveness of the site and protect adjoining property owners from noise and visual impacts;

      (10)   Measures directed at minimizing or eliminating potential nuisance factors, including, but not limited to, noise, vibrations, smoke, dust, dirt, odors, gasses, noxious matter, heat, glare, electromagnetic disturbances and radiation;

      (11)   Measures designed to protect the natural features of the site, including wetlands and drainage ways, around water, wildlife habitats, historic and archeological sites and other natural site features;

      (12)   The regulation of operating hours for activities affecting normal schedules and functions;

      (13)   Identify a time for regular review and monitoring, as determined necessary, to ensure the conditional use continues to operate in compliance with all conditions and requirements of approval; and

      (14)   Such other conditions determined as reasonable and necessary by the Commission to allow the operation of the proposed conditional use at the proposed location in compliance with the requirements of this subchapter.

   (D)   Applicants for a conditional use are required to comply with all requirements of this subchapter and this code, and including the requirements for a building permit, as applicable, and all other applicable requirements.

(Prior Code, § 10.17.50)

   The Planning Commission, in reviewing a conditional use application, may impose such requirements and conditions with respect to:

   (A)   Location;

   (B)   Proof of land ownership;

   (C)   A site plan;

   (D)   A vicinity plan;

   (E)   A written narrative, including, but not limited to:

      (1)   Type of use proposed;

      (2)   Days and times of operation;

      (3)   Square footage of the building(s) proposed;

      (4)   Square footage used by the conditional use;

      (5)   Expected hardship on surrounding uses;

      (6)   Number of users or employees; and

      (7)   Other information the land use authority deems necessary to fulfill the purpose of this subchapter may be requested prior to approval.

   (F)   The applicant shall also pay the appropriate fee outlined in the Town Fee Schedule before the Planning Commission may review the application.

(Prior Code, § 10.17.60)

   Decisions of approval, approval with conditions or denial of the conditional use permit application is based on the following criteria:

   (A)   The general plan and permitted zoning conditions:

      (1)   The CUP shall fit the town’s future vision contained in its general plan; and

      (2)   The CUP shall follow the zoning conditions for its location.

   (B)   The safety of people and property;

   (C)   Size and location of the use;

   (D)   Structures associated with the use are compatible with surrounding structures in terms of use, scale, mass and circulation;

   (E)   Prevent or minimize floodwater damage where necessary;

   (F)   Relocation, covering or fencing of irrigation ditches and drainage channels;

   (G)   Location, dimensions of truck loading and unloading facilities;

   (H)   Conditions hazardous to the public health or safety;

   (I)   Traffic considerations, including:

      (1)   Traffic conditions are not adversely affected by the proposed use, including the existence or need for dedicated turn lanes, pedestrian access and capacity of the existing streets;

      (2)   The location and design of off-street parking as well as compliance with off-street parking standards;

      (3)   Provision of parking facilities, including vehicular ingress and egress, loading and unloading areas and the surfacing of parking areas and driveways to specified standards; and

      (4)   Internal traffic circulation.

   (J)   Health and sanitation:

      (1)   The use is not detrimental to the public health, safety and welfare;

      (2)   Emergency vehicle access; and

      (3)   Screening of trash pickup or waste storage areas.

   (K)   Environmental concerns:

      (1)   The regulation of operating hours for activities affecting normal schedules and functions;

      (2)   Utility capacity;

      (3)   Usable and permanent open space considerations;

      (4)   Signage;

      (5)   Exterior lighting that complies with the lighting standards of the zone;

      (6)   Noise, vibration, pollution, odors, steam or other factors that might affect people and property off-site;

      (7)   Potential discharge into the air, groundwater, surface and subsurface water or soil; and

      (8)   All buildings or other structures are designed to add to the quality of the area.

   (L)   Fencing, screening and landscaping:

      (1)   Fencing, screening and landscaping may be required to preserve the quiet, aesthetic and peaceful enjoyment of surrounding properties and to promote an aesthetically pleasing area to attract tourism and promote the prosperity and general welfare of the town:

         (a)   Shall be of acceptable design that blends into the natural surrounding areas;

         (b)   Shall follow the landscaping ordinance, §§ 154.225 to 154.229 of this chapter;

         (c)   May require screening to effectively block all views from adjoining roads and properties of any passive storage of materials or equipment, including, but not limited to, vehicles, equipment, junk, waste storage or other personal property; and

         (d)   Fencing may be required to be 95% opaque and made of long-lasting material. Cloth or temporary materials are not permitted.

      (2)   Walls shall be made from a solid surface. Walls and fences shall be of acceptable design with architectural detail to conform to or enhance the surrounding area; and

      (3)   Removal of structures, debris or plant materials incompatible with the characteristics of the underlying zone may be required, and property shall be maintained and kept weed-free.

   (M)   Provision of a reasonable guarantee, bond or other surety, as determined by the Planning Commission, that the proposed conditional use will be maintained and operated in compliance with all conditions and requirements;

   (N)   Identifying a time for regular review and monitoring, as determined necessary by the Planning Commission, to ensure the use continues to operate in compliance with all conditions and requirements of approval, not greater than five years;

   (O)   Any other items for the conditional use permit as deemed necessary for the protection of adjacent properties and the public interest. The Planning Commission may require guarantees or other evidence that such conditions will be met and complied with; and

   (P)   Preserve the quiet, aesthetic and peaceful enjoyment of surrounding properties.

(Prior Code, § 10.17.70)

   (A)   A conditional use approved in accordance with the provisions of this subchapter may be revoked by the approval authority if any of the conditions of approval are not met, or if the permit is used to violate any law, code or ordinance.

   (B)   Conditional uses shall be re-evaluated and renewed at a minimum time interval of not less than once every five years, or at shorter intervals as the approval authority deems necessary.

   (C)   Conditional use requirements may change as a result of growth or unforeseen circumstances.

   (D)   The town staff shall notify the approved conditional use holder by certified mail of any violation, or if a violation exists in any conditions of approval. If no attempt to correct the violation is made within ten days after notification, the conditional use approval may be revoked by the approval authority if the approval authority finds that one or more of the following circumstances exists:

      (1)   The conditional use approval was obtained in a fraudulent manner;

      (2)   The use for which the approval was granted has now ceased for at least six consecutive calendar months;

      (3)   One or more of the conditions of approval have not been met; or

      (4)   Additionally, the Planning Commission, following a public hearing, may modify the conditions under which the use approval was originally approved if the Planning Commission finds that the use or related development constitutes or is creating a nuisance.

   (E)   A conditional use application approval shall expire and shall be invalid if a building, activity, construction or occupancy, as authorized by the approval, is not commenced within 180 days from the date of approval. If work has not commenced or a use been established within 180 days from the date of approval, the approval shall be void and a new conditional use application required.

   (F)   Any person aggrieved by a decision of the Planning Commission regarding a conditional use may appeal the decision to the Town Council.

(Prior Code, § 10.17.80)

   Though standards have been set for certain uses in this subchapter, the Planning Commission may add additional conditions providing § 154.185 of this chapter is followed.

(Prior Code, § 10.17.90)