Guthrie City Zoning Code
CONDITIONAL USES
§ 153.095 APPROVAL OF CONDITIONAL USE; PROCEDURE AND REQUIREMENTS.
Conditional uses shall conform to the procedures and requirements of this subchapter.
(Ord. 2013-2, passed 2-7-2013)
§ 153.096 CONSIDERING CERTAIN USES INDIVIDUALLY.
(A) It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of a unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually.
(B) These specific uses as they are conditionally permitted under the provisions of §§ 153.050 through 153.064 or Appendix A, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272, Official Schedule of Uses, shall follow the procedures and requirements set forth.
(Ord. 2013-2, passed 2-7-2013)
§ 153.097 CONDITIONAL USE PERMIT; CONTENTS OF APPLICATION.
(A) An application for a conditional use permit shall be filed with the Chairperson of the Board of Zoning Adjustment by the owner of property for which the conditional use is proposed.
(B) At a minimum, the application shall contain the following information:
(1) Name, address and phone number of applicant;
(2) Legal authorized signature of land owner;
(3) Legal description of property;
(4) Description of existing use;
(5) Zoning district;
(6) Description of proposed conditional use;
(7) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open space, landscaping, refuse and service areas, utilities, signs, yards and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this chapter;
(8) A narrative statement evaluating the effects of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan; and
(9) Such other information as may be required in § 153.099.
(Ord. 2013-2, passed 2-7-2013)
§ 153.098 GENERAL STANDARDS APPLICABLE TO CONDITIONAL USES.
In addition to the specific requirements for conditionally permitted uses as specified in § 153.099, the Board of Zoning Adjustment shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:
(B) Will be harmonious with and in accordance with the general objectives, or with any specific objective of the city’s comprehensive plan and this chapter;
(C) Will 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 the use will not change the essential character of the same area;
(D) Will not be hazardous or disturbing to existing or future neighboring uses;
(E) May be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
(F) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
(G) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
(H) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and
(I) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
(Ord. 2013-2, passed 2-7-2013)
§ 153.099 SPECIFIC CRITERIA.
The following are examples of some specific requirements for conditionally permitted uses as specified in the Schedule of Uses in Appendix A, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272 that may be used in restricting such conditional uses:
(A) Ingress and egress to property and proposed structures thereon with particular references to the safety and convenience of motorists and pedestrians, traffic flow and control and access in case of fire or catastrophe;
(B) Off-street parking and boarding areas where required with particular attention to items mentioned in division (A) above, the economic effects, noise, glare or odor caused by conditional use on adjoining properties and properties generally in the district;
(C) Refuse and service areas, with particular reference to items mentioned in divisions (A) and (B) above;
(D) Utilities, with reference to locations, availability and compatibility;
(E) Screening and buffering of adjoining properties with reference to type, dimensions and character;
(F) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the district;
(G) Required yard and other open space; and
(H) General compatibility with adjacent properties and other properties in the district.
(Ord. 2013-2, passed 2-7-2013)
§ 153.100 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
(A) In granting any conditional use, the Board of Zoning Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter.
(B) Violations of such conditions and safeguards, when made a part of the terms which the conditional use is granted, shall be deemed a violation of this chapter and punishable under § 153.999.
(Ord. 2013-2, passed 2-7-2013)
§ 153.101 NOTICE OF PUBLIC HEARING.
§ 153.102 ACTION BY BOARD OF ZONING ADJUSTMENT.
(A) Within 30 days after the public hearing required, the Board of Zoning Adjustment shall either approve, approve with supplementary conditions as specified in § 153.100; or disapprove the application as presented.
(B) If the application is approved or approved with modification, the Board shall direct the Zoning Inspector to issue a conditional use permit listing the specific conditions specified by the Board for approval; if the application is disapproved by the Board the applicant may seek relief through the Circuit Court. Appeals from Board decisions shall be made in the manner specified in §§ 153.260 through 153.271.
(Ord. 2013-2, passed 2-7-2013)
§ 153.103 EXPIRATION OF CONDITIONAL USE.
A conditional use permit shall be deemed to authorize only one particular conditional use and the permit shall automatically expire if, for any reason, the conditional use shall cease (to discontinue) for more than one year.
(Ord. 2013-2, passed 2-7-2013)