Fremont City Zoning Code
CHAPTER 1163
Conditional Permitted Uses
1163.01 INTENT.
The intent of this Chapter is to provide for the establishment of certain uses in the specified zoning districts only when they have met or exceeded the requirements of this Chapter. These uses, while generally compatible with the principally permitted uses in the zoning districts, require additional safeguards to ensure their continued compatibility.
(Ord. 2020-4053. Passed 1-7-21.)
1163.02 INITIATION.
Pursuant to Section 1157.03: Authority to File Applications, any person having authority to file applications may initiate an application for a conditional permitted use.
(Ord. 2020-4053. Passed 1-7-21.)
1163.03 APPLICABILITY.
The provisions of this Chapter apply to the location and maintenance of any and all Conditional Permitted Uses. Permits are required before any use listed as a conditional use in Chapter 1127: Use Classification Table, may be established or expanded.
(Ord. 2020-4053. Passed 1-7-21.)
1163.04 CONDITIONAL PERMITTED USE APPROVAL PROCESS.
For the home occupation approval process refer to Section 1163.05: Home Occupations Approval Process. For all other listed conditional permitted uses the approval process shall consist of the following:
(a) Applications. Applications for a conditional permitted use shall be obtained from the Engineering and Zoning Office and when completed shall be returned to that office. The application shall consist of:
(1) The completed form and required materials;
(2) A list of all property owners within, contiguous to and directly across the street from the parcel proposed for the conditional use as listed on the tax duplicate. The applicant may request the City prepare the name list for an additional cost as provide for in Section 1157.16(d): Deposit for Notice Mailing and Publication Cost; and
(b) Review of Application by Zoning Inspector.
(1) The Zoning Inspector, upon receipt of the application shall review the application for completeness.
(2) The Zoning Inspector shall transmit the completed application form to the Board of Zoning Appeals within three (3) working days.
(c) Public Hearing. The Board shall hold a public hearing to consider the application.
(d) Notice of Public Hearing. Notice of the public hearing shall be given not less than ten (10) days prior to the date of the hearing by publishing a notice in a newspaper of general circulation within the City. A notice shall also be sent to the applicant and may be posted at the property in question. In addition, written notice of the hearing shall be mailed, by first class mail, at least ten (10) days before the day of the public hearing to all owners of property contiguous to, and directly across the street from the property which is the subject area. The information content of the notice shall be in accordance with Section 1157.08: Public Notification for Public Meetings. Failure to deliver the notification, as provided in this Section, shall not invalidate any such application.
(e) Action by Board.
(1) The Board shall approve, approve with modification, or deny the application within sixty (60) days after transmittal by the Zoning Inspector.
(2) The Board may prescribe appropriate conditions and safeguards with respect to the design, density, location, maintenance and operation, in addition to those described in this Zoning Ordinance, so long as they are necessary for the protection of the adjacent property owners and the character of the neighborhood.
(3) Approval shall not be granted unless the following conditions have been met or exceeded:
A. All requirements, except those specifically modified by this Chapter, of the district in which the proposed conditional permitted use is to be located are met;
(f) Issuance of the Zoning Certificate. The Zoning Inspector shall issue a zoning certificate only in compliance with the approved requirements of the Board.
(Ord. 2020-4053. Passed 1-7-21.)
1163.05 HOME OCCUPATION APPROVAL PROCESS.
The home occupation approval process shall consist of the following steps:
(a) Applications.
(1) Applications for the home occupation shall be obtained from the Engineer and Zoning Office and when completed shall be returned to that office.
(2) The application shall consist of the completed form and other required materials.
(b) Review of Application by Zoning Inspector. The Zoning Inspector upon receipt of the application shall transmit the completed application form to the Board of Zoning Appeals within three (3) working days.
(c) Optional Public Hearing. The Board may hold a public hearing to consider the application but is not required to do so. If a public hearing is held, the public notice requirements in Section 1163.04(d): Notice of Public Hearing, shall be followed.
(d) Action by Board.
(1) The Board shall approve, approve with modification or deny the application within sixty (60) days after transmittal by the Zoning Inspector.
(2) Approval shall not be granted unless the following conditions have been met or exceeded.
A. All requirements of the district in which the proposed home occupation is to be located are met, and no new nonconformities would be created by the approval of the home occupation.
(3) The Board may prescribe appropriate conditions and safeguards with respect to the location, maintenance and operation, in addition to those described in this Zoning Ordinance so long as they are necessary for the protection of the adjacent property owners and the character of the neighborhood.
(e) Changes to a Home Occupation. Any change in the home occupation shall require prior approval of the Board in accordance with the process described in this Section.
(f) Issuance of the Zoning Certificate. The Zoning Inspector shall issue a zoning certificate only in compliance with the approved requirements of the Board.
(g) Revocation of a Home Occupation Conditional Use Certificate.
(1) If, upon review at any time, the Board of Zoning Appeals determines that the certificate holder has failed to comply with any of the performance standards, conditions or restrictions imposed by this Section 1163.05 or Section 1131.10: Home Occupations, in the home occupation certificate itself, or by the representations and assertions made by the applicant in his or her initial certificate application, the BZA may take such action as is deemed necessary to remedy the noncompliance, including but not limited to revocation of the certificate.
(2) The Board of Zoning Appeals decision to revoke such certificate shall be made only after the issuance of notice to the certificate holder regarding the asserted noncompliance, and the provision of an opportunity for the certificate holder to make a formal response, within ten (10) days of receipt of notice, to the Engineering and Zoning Office regarding any asserted noncompliance. Any decision by the BZA to revoke the certificate may be appealed in accordance with Section 1165.08: Appeal to City Council.
(Ord. 2020-4053. Passed 1-7-21.)
1163.06 EFFECT OF A CONDITIONAL PERMITTED USE.
(a) Approving a conditional permitted use does not exempt the applicant from complying with all of the requirements of this Zoning Ordinance, and other regulations of the City.
(b) Approvals granted under a conditional permitted use shall run with the land and shall not be affected by a change in ownership.
(c) The breach by the applicant of any condition, safeguard, or requirement expressed or referred to on the conditional use permit shall constitute a violation of this Zoning Ordinance.
(d) The Board shall have power to revoke conditional permitted use approvals for noncompliance with the conditions contained thereon.
(Ord. 2020-4053. Passed 1-7-21.)
1163.07 REVIEW CRITERIA FOR REQUIRED BOARD FINDINGS.
The Board of Zoning Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence that such use on the proposed location:
(b) Shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the same area.
(c) Will be in accordance with the general objectives, or with any specific objective, of the Comprehensive Plan.
(e) Shall not be hazardous, disturbing or detrimental to existing or future permitted neighboring uses or of the community as a whole.
(f) Shall be served adequately by essential public facilities and services, or that the persons responsible for the establishment of the proposed use shall be able to adequately provide such service.
(g) Shall have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.
(h) Meets or exceeds all other parking, loading, landscaping, architectural design standards, sign or other requirements of this Zoning Ordinance.
(Ord. 2020-4053. Passed 1-7-21.)
1163.08 CHANGES TO A USE APPROVAL.
Any change in the conditional permitted use shall require Board approval in accordance with the process described in this Chapter.
(Ord. 2020-4053. Passed 1-7-21.)
1163.09 EXPIRATION OF USE APPROVAL.
The approval of a conditional use permit shall expire if within one (1) year after approval, the operation of the conditional use has not begun or if the conditional use is discontinued for six (6) consecutive months.
(Ord. 2020-4053. Passed 1-7-21.)
1163.10 APPEALS FROM BOARD DECISION.
Appeals from the Board of Zoning Appeals decision shall be made to Council in the manner prescribed in Chapter 1165: Appeals and Variances.
(Ord. 2020-4053. Passed 1-7-21.)