(a)   Conditional use permits shall be required for certain types of main uses enumerated in this Zoning Code which are so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirements or other features and which are not permitted in certain locations by right. Such use may be permitted and desired in certain districts but not without consideration in each case of the effect of the uses upon neighboring land and the public need for the particular use at the particular location. The application of the planning standards for determining the location and extent of such uses is a planning function and not in the nature of a variance or appeal.

   (b)   Enumerated throughout this Zoning Code are conditional uses which may be permitted in residential, business or industrial districts, if the standards set forth in this chapter are fulfilled.

(Ord. 05-O-26, passed 7-11-2005)

   (a)   General. Each application for a land use or a structure that is conditionally permitted shall contain the following.

   (b)   Application. An application form including preliminary development plans and supporting information shall be submitted to the Zoning Inspector. Each application shall demonstrate that the general and specific standards pertinent to the proposed use will be satisfied by the completion and operation of the proposed conditional use. Each application shall be accompanied by a fee as established by Council.

   (c)   Application content. An application for a conditional use permit shall contain the following:

      (1)   Name, address and telephone number of the applicant requesting the permit;

      (2)   Name, address and telephone number of the property owner(s);

      (3)   Location of the property, including the street address;

      (4)   Brief description of the proposed use;

      (5)   Current zoning classification of the property; and

      (6)   Listing of all property owners within 500 feet of the subject property.

(Ord. 05-O-26, passed 7-11-2005)

   There may be imposed such additional conditions and safeguards as are deemed necessary for the general welfare, for the protection of individual property rights and for insuring that the intent and objectives of this zoning will be observed. The Planning and Zoning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall be convinced that such use on the proposed location:

   (a)   Will be harmonious and in accordance with the general objectives or with any specific objective of the City of Kirtland Comprehensive Plan;

   (b)   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 will not change the essential character of the same area;

   (c)   Will not be hazardous or disturbing to existing or future neighboring uses;

   (d)   Will not be detrimental to property in the immediate vicinity or to the community as a whole;

   (e)   Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such serve;

   (f)   Will be in compliance with the city's Subdivision Regulations, the Board of Health Standards and the Building Code; and

   (g)   Will have vehicular approaches to the property, which shall be so designed as not to create any interference with traffic on surrounding public streets or roads.

(Ord. 05-O-26, passed 7-11-2005)

   A preliminary development plan at a scale of not less than one inch to 50 feet shall be submitted with each application and shall contain information provided in § 1262.04(d) which includes a survey, buildings, traffic patterns, parking areas, signs, landscaping, stormwater management, utilities and environmental overlay districts.

(Ord. 05-O-26, passed 7-11-2005)

   A final development plan may be required by the Planning and Zoning Commission and shall contain additional information and drawings as provided in § 1262.04(e).

(Ord. 05-O-26, passed 7-11-2005)

   An application for a conditional use permit shall not be approved unless the following conditions and standards are complied with as set forth for the following districts:

   (a)   Residential Districts.

      (1)   The proposed use shall be properly located in relation to the adopted City of Kirtland Comprehensive Plan, particularly secondary and local streets and pedestrian circulation;

      (2)   When located on a local street, the proposed use shall generate the least possible traffic through a residential neighborhood;

      (3)   The proposed use shall be necessary to serve the surrounding residential areas which cannot be served satisfactorily if the same use is located in a nearby less restrictive district where it may be permitted by right;

      (4)   The location, design and operation of such use shall not discourage the appropriate development or impair the value of the surrounding residential district; and

      (5)   For temporary structures, every conditional use permit shall be reviewed every six months and may be renewed only while the construction operations are underway.

      (1)   The proposed use shall be necessary to serve the community needs and if existing similar facilities located in a less restrictive district in which the use may be permitted by right, are inadequate;

      (2)   The proposed use shall be no closer than necessary to schools, churches and other places of assembly;

      (3)   The location, extent and intensity of the proposed use shall be such that its operation is not objectionable to nearby dwellings by reason of noise, smoke, dust, odors, fumes, vibrations or glare greater than is normal or as permitted by the performance standards of the district;

      (4)   The proposed use shall form a harmonious part of the business, research, service and industrial district, taking into account, among other considerations, convenience of access and relationship of one use to another;

      (5)   The proposed use shall be permitted in a less restrictive district than that in which it is permitted by right only because of its limited extent, modern equipment and processes; and

      (6)   The hours of operation and concentration of vehicles in connection with proposed use shall not be more hazardous or dangerous than the normal traffic of the district.

(Ord. 05-O-26, passed 7-11-2005; Am. Ord. 11-O-38, passed 7-11-2011)

   (a)   Review by staff and consultants. The application shall be referred to city departments and to the City Engineer and other consultants for review and comment.

   (b)   Review by Commission. The Planning and Zoning Commission shall review the complete application package as transmitted by the Zoning Inspector in terms of the standards established in this Zoning Code. If deemed necessary, the Commission, with the consent of the applicant, may refer an application to qualified consultants for review. The cost of such review shall be at the expense of the applicant. The Zoning Inspector shall notify owners of properties within 500 feet, or a larger area if the Zoning Inspector deems it appropriate, of the perimeter of the property proposed for development not less than ten days prior to the meeting at which the preliminary development plan will be considered by the Planning and Zoning Commission.

   (c)   Preliminary approval. If the application and the preliminary development plan, and any modification thereof proposed by the developer, are found by the Planning and Zoning Commission to be in compliance with the requirements of the applicable district and any other applicable parts of this Zoning Code, and the Subdivision Regulations of the city, it shall approve or deny such preliminary development plan within forty days from the date of the meeting when all required plans and data had been received. If the application is not found to be in compliance therewith, the Commission may recommend revisions to be made by the developer or reject the entire application.

   (d)   Modification permitted. Where application of the provision would result in a development that would be satisfactory for the zoning district, the Commission may require adjustments in the development plan, such as improvement to the design and arrangement of buildings, yards, on-site circulation, access drives and such other feature to further improve the proposed development and to protect the surrounding development.

   (e)   Action by Commission. The Commission shall take action on the preliminary development plan within 45 days from the date of the Commission meeting at which all required plans and data were received. The Commission may approve the preliminary development plan as submitted, approve the preliminary development plan as modified and agreed to by the applicant or not approve the preliminary development plan as submitted. The Commission may give final approval for a conditional use concurrently if sufficient information has been submitted.

(Ord. 05-O-26, passed 7-11-2005)

   The Planning and Zoning Commission shall have the power to impose additional conditions where it deems it necessary to safeguard the health, safety and welfare of the city.

(Ord. 05-O-26, passed 7-11-2005)

   The breach of any condition or requirement shall automatically invalidate the certificate granted and shall constitute a violation of this Zoning Code. Such violation shall be punishable in accordance with § 1262.99.

(Ord. 05-O-26, passed 7-11-2005)

   No application for a conditional zoning certificate which has been denied wholly or in part shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration. At the expiration of one year from the date of the original application, each reapplication shall be accompanied by a fee, as set forth in § 1285.02(b).

(Ord. 05-O-26, passed 7-11-2005)

   The conditional zoning certificate shall become void at the expiration of one year after the date of issuance, unless the structure or alteration thereof is started or an occupancy certificate is obtained.

(Ord. 05-O-26, passed 7-11-2005)