(a)

Whenever public necessity, convenience, general welfare, or good zoning practice require, the governing body may amend, supplement, or change the text of this chapter and/or any zoning district boundary shown on the official zoning map. Any such amendment may be initiated by resolution of the governing body, by motion of the planning commission, or by petition of any property owner addressed to the governing body. Before any requested map change or conditional use permit, the applicant or designated representative, shall contact the city planner to schedule a pre-application meeting. This meeting will provide an opportunity to discuss the project and determine whether the map change or conditional use permit is necessary.

(b)

An application by an individual property owner to amend, supplement, or change the text of this chapter and/or any zoning district boundary shown on the official zoning map shall be made to the zoning administrator and shall include the following:

(1)

A fully completed application form, (which shall be supplied by the planning and zoning administrator) and signed by the property owner (or duly authorized agent). The application form shall include the name and current mailing address of the applicant and all owners of the property with a ten (10) percent or greater interest, the zoning classification sought, and any other information as may be reasonably required by the administrator. A special power of attorney affidavit is required, if someone other than property owner(s) is signing the application and other documents requiring the property owner(s) signature.

(2)

An, interest disclosure affidavit, which shall be sworn to under oath before a notary public, stating whether or not any member of the Manassas Park Governing Body, the planning commission, or any elected or appointed official has an interest in such property, either individually, by ownership of stock in a corporation owning such land, or partnership or as a holder of ten (10) percent or more of the outstanding shares of stock in or as a director or officer of any corporation owning such land, directly or indirectly, or by any such member or members of his immediate household.

(3)

The latest deed for the property and an accurate plat of the property showing the following:

a.

Metes and bounds of all property lines, and bearings and distances with a scale of 1" = 100' or less, for all property lines and existing and proposed zoning district lines;

b.

Total area of the property proposed for consideration, in square feet or acres;

c.

Scale and north arrow;

d.

Location of all existing buildings and structures;

e.

Names of all boundary roads or streets, and width of existing rights-of-way;

f.

Signature and certificate number of person preparing the plat;

g.

Tax map number.

(4)

A schematic drawing of the proposed development as described in section 31-53 of this chapter.

a.

The names and mailing addresses, as listed in the current real estate tax assessment books, of all owners of property abutting or immediately across the street or road from the subject property. If such property owners total less than twenty-five (25), then the names and mailing addresses of other property owners in the immediate vicinity must be provided so that a total of at least twenty-five (25) names are supplied.

(5)

The names and mailing addresses, as listed in the current real estate tax assessment books, of all property owners, in all directions, within two hundred (200) feet of the property to be rezoned.

(6)

Such additional information as may reasonably be required by the city in order for the planning office, planning commission, or governing body to make a proper evaluation of the proposal.

(7)

Payment of the application costs in the amount established by the fee schedule.

(8)

Amendments to the zoning map shall be reviewed, considered and acted upon as set forth in section 31-55 of this chapter. The city shall be under no obligation to consider a property owner's application for a map amendment that does not meet the standards set forth in section 31-52 of this chapter.

(c)

Notice requirements. Prior to a public hearing before the planning commission or the governing body to consider an application for a zoning amendment (including proffered condition amendments), a conditional use permit or a comprehensive plan amendment, or before the board of zoning appeals to hear an application for a variance or a zoning appeal, notice as required by this subsection (c) shall have been given. The planning commission shall not recommend and neither the governing body nor the board of zoning appeals shall approve any such application until such notice has been given.

(1)

The planning director shall ensure that initial notice, and any subsequent notice required if a hearing is continued, is published in a newspaper having general circulation in the city as required by Section 15.2-2204 of the Code of Virginia. The cost of publishing any such notice shall be paid by the applicant.

(2)

Written notice required by Section 15.2-2204 of the Code of Virginia shall be sent by registered or certified U.S. mail by the applicant, at the applicant's expense. Evidence of notice sent by registered or certified mail shall be provided to the zoning administrator within three (3) days after the notices have been deposited with the U.S. Postal Service. If a public hearing is continued, notices shall be re-mailed by the applicant in the same manner and at the applicant's expense. The zoning administrator will provide the applicant the names and addresses of addressees who are to receive notice. The charge for compiling the address list shall be in the amount established by the fee schedule.

(3)

Notice shall also be provided by the posting of at least one (1) sign on the subject property at least fifteen (15) days prior to the date of the public hearing. Additional signs shall be required for properties with more than one (1) road frontage, or properties with more than two hundred (200) feet of frontage along a single road. The required sign(s) shall be supplied by the planning director and shall be posted by the applicant, who shall make an affidavit that posting of the property in accordance with this subsection (c) was done. The applicant shall file such affidavit with the planning director within three (3) days after posting of the property. Such signs shall be posted in the following manner:

(a)

All signs shall be posted so as to assure the greatest public visibility practical.

(b)

Signs shall be posted adjacent to the street right-of-way abutting the subject property, no more than ten (10) feet from the edge of said right-of-way. If more than one (1) street abuts the subject property, at least one (1) sign shall be posted along each abutting street. If no street abuts the subject property, at least one (1) sign shall be posted along the closest public street with a note added to help locate the property, which note will provide both distance and direction from the sign. If more than one (1) sign is posted along the same road frontage, such signs shall be posted at least two hundred (200) feet apart.

(c)

The applicant shall be responsible for maintaining the sign(s) in good condition until the public hearing, and shall replace damaged or removed signs as soon as practical.

(d)

All signs shall be removed by the applicant no later than five (5) days following final action by the governing body or board of zoning appeals, as appropriate.

(d)

Payment of delinquent real estate taxes. Prior to the initiation of an application for a zoning amendment, conditional use permit, variance or other land disturbing permit, including a building permit and an erosion and sediment control permit, and prior to the issuance of final approval of the same, the applicant must first provide satisfactory evidence that any delinquent real estate taxes owed to the city which have been properly assessed against the subject property have been paid.

(Ord. No. 83-1700-225, 10-18-83; Ord. No. 06-1700-818H, 12-12-06; Ord. No. 11-1700-905, § 1, 5-24-11; Ord. No. 11-1700-911, § 1, 6-21-11; Ord. No. 18-1700-1015, § 10, 6-19-18)

(a)

A schematic land use plan shall be required, subject to the following regulations:

(1)

Topography shall be shown by contour lines. Contour interval shall not be more than five (5) feet;

(2)

Vicinity map at 1" = 2,000';

(3)

Tax map numbers, name, present zoning, with zoning and use of all abutting or contiguous parcels;

(4)

Property lines with bearings and distances, and existing and proposed zoning district lines;

(5)

Area of land for consideration, in square feet or acres;

(6)

Scale (1" = 200' or less) and north point;

(7)

Names of boundary roads or streets and width of existing rights-of-way;

(8)

Any easements and encumbrances;

(9)

Proposed roads, with right-of-way width, including those identified in the comprehensive plan that will connect with or pass through the subject property;

(10)

General locations of proposed major access points to existing and planned curb cuts shown, proposed traffic circulation plan, vehicles per day counts, connection to public roads and pedestrian amenities;

(11)

Both sides of existing rights-of-way, with all existing and planned curb cuts shown;

(12)

List of the proposed density for each dwelling unit type, and/or intensity of each nonresidential use;

(13)

Location of any open space and buffer areas (existing and proposed), storm water management facilities, community and public facilities and storm drainage improvements;

(14)

Location of existing and proposed utilities.

(b)

In addition to the schematic plan, a written narrative providing the following information shall also be provided:

(1)

The use(s) proposed for the property ), a detailed description of the operation(s) and any special processes, conditions, hazards, safety concerns, or impacts on public facilities or the public health, safety and welfare associated with the proposal.

(2)

Those areas that have historic or scenic assets, or natural features deserving of protection and preservation, shall be provided along with a statement of how protection and maintenance of same will be accomplished.

(3)

The relationship of the development to the adopted comprehensive plan of the city shall be included. If the development is not consistent with the adopted comprehensive plan, the applicant shall state why the development is justified, notwithstanding the plan.

(4)

The method by which adjacent and neighboring properties shall be protected from the adverse effects of the proposed development, including proposed measures and types of landscaping and screening, and peripheral setback and yard requirements.

(5)

The maximum height of all proposed structures in the development.

(6)

The maximum number of dwelling units proposed, maximum lot coverage and/or maximum floor area ratio (F.A.R.) as appropriate.

(7)

The special amenities to be provided within the development.

(8)

All off-site improvements that are proposed, such as roads.

(9)

Additional information as desired by the applicant.

(10)

Additional information as desired by the zoning administrator.

(Ord. No. 83-1700-225, 10-18-83; Ord. No. 06-1700-818H, 12-12-06)

The Virginia Code, § 15.1-491.1 allows for an owner of real property who is an applicant for a zoning map amendment (rezoning) to, as a part of his application, proffer reasonable conditions concerning the use and development of his/her property, including off-site improvements that may serve or benefit the property and the public welfare.

(1)

Such proffered conditions shall be set forth with clarity and specificity in a "proffer statement", which shall mirror the following format:

PROFFER STATEMENT

Re: Applicant's Name and Project Name
Date of original proffered conditions, and date(s) of all revisions
Rezoning file number (to be added by the planning and zoning administrator)
As provided for by the Code of Virginia, § 15.1-491.1, I hereby proffer that the use and development of this property shall be in strict accordance with the following conditions:
1.
2.
3.
etc.

(2)

Any revision to the proffer statement shall be submitted in the same format, with a new date, and shall include at the end of the statement the following: The conditions set forth in this proffer statement supersede all conditions set forth in previous proffer statements dated and submitted as a part of this application.

(3)

The applicant may also proffer to use and develop his property in accordance with the plans, profiles, elevations, demonstrative materials and written statements submitted as a part of his site plan. In such a case, the proffer statement shall make reference to such materials, and each copy of such materials shall contain the following statement: I hereby proffer that the use and development of this property shall be in strict accordance with the conditions set forth and/or depicted hereon.

(4)

The governing body when acting on an application for a zoning map amendment, may adopt as a part of the zoning map the proffered conditions, in whole or in part, as set forth by the applicant. Once adopted by the governing body, such proffered conditions shall be binding on the use and development of the property, and shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance and/or map.

(5)

Proffered conditions adopted by the governing body shall be in addition to the regulations provided for by the zoning district as specified by the zoning ordinance, and shall not provide for altering the standards required by the ordinance except when specifically authorized in the ordinance.

(6)

The zoning map, and other appropriate files maintained by the zoning administrator, shall reference the existence of adopted proffered conditions attached to various properties. Any site plan, subdivision plat or permit application thereafter submitted for development of property to which proffered conditions have been attached, shall conform with all such conditions, and shall not be approved by any city official in the absence of such conformity. For the purpose of this section, conformity shall mean such conformity which leaves a reasonable margin of adjustment due to final engineering data, but conforms with the general nature and intent of the development, the specific uses, and the general layout depicted by the plans, profiles, elevations and other demonstrative materials presented by the applicant.

(Ord. No. 83-1700-225, 10-18-83; Ord. No. 06-1700-818H, 12-12-06)

(a)

Statement of intent: The purpose of the conditional use procedure is to provide for certain uses, which, by their nature, can have an undue impact upon or be incompatible with other uses of land within a certain zoning district and therefore require the exercise of planning judgment and site plan review. It shall be the duty of the governing body, under the provisions of this section, to evaluate the impact and compatibility of each such use, and to specify such conditions and restrictions as will assure the use being compatible with the area in which it is to be located; or where that cannot be accomplished, to deny the use as not in accord with adopted plans and policies or as being incompatible with the existing uses permitted by right in the area.

(b)

Authorization: In consideration of an application filed with the administrator, the governing body may authorize the establishment of those uses that are expressly listed as conditional uses in a certain zoning district; provided, however, that no such conditional procedure shall be required for a use allowed as a permitted use in such district.

(c)

Standards: In reviewing each application for a conditional use permit, the planning commission and the governing body will consider each of the following factors prior to voting to recommend approval or denial, in the case of the planning commission, and prior to voting to approve or deny the application, in the case of the governing body:

(1)

The proposed use at the stipulated location shall be in accordance with the official policies of an adopted comprehensive plan, and with any specific element of such plan.

(2)

The proposed use shall be in accordance with the general purpose and intent of the applicable zoning district requirements.

(3)

The proposed use will not adversely affect the use or values of surrounding properties and structures.

(4)

The proposed use will not adversely affect the health, safety, or general welfare of persons residing, working or visiting in the neighborhood.

(5)

Pedestrian and vehicular traffic generated by the proposed use will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood.

(6)

Utility, drainage, parking, loading and other necessary facilities provided to serve the proposed use will be adequate.

(7)

Appropriate landscaping, screening, and signs will be provided as regulated by this chapter.

(8)

The proposed use will be in harmony with the purpose of this chapter as set forth in section 31-3.

(9)

The nature of the proposed use, including factors such as noise, light, hours of operation, and number of employees involved.

(10)

Any other factors relating to the purposes of zoning that the planning commission and/or governing body, in its legislative discretion, shall consider as relevant.

(d)

Conditions and restrictions.

(1)

In approving a conditional use permit, the governing body may attach reasonable conditions, including a renewal/expiration date, to such approval with or without the applicant's consent. In the event a renewal date is given, it will be the applicant's responsibility to submit a request for renewal at least sixty (60) days prior to such renewal date. If a request for renewal is not timely received by the planning office, the conditional use permit will expire on the renewal date. In the event an expiration date is given, the applicant will be required to submit a request for a new conditional use permit to the planning office at least ninety (90) days prior to such expiration date or the permit will expire on the expiration date. If a request for a new conditional use permit is timely received by the planning office, the expiration date will be postponed until the date that final action is taken by the governing body. Once a conditional use permit has been approved with conditions, such conditions shall be considered as a part of the text of this chapter, and may be administered and enforced by the zoning administrator. A violation of an attached condition shall be considered a violation of this chapter.

(2)

A condition attached to the approval of a conditional use permit may only be modified by a subsequent application for a conditional use permit.

(3)

Minor deviations from an approved conditional use permit are allowed without the filing of a new conditional use permit application, provided all such minor deviations are shown on a site or subdivision plan. A determination that deviations to the site or subdivision plan do not substantially alter conditions of the approved conditional use permit plan must be made by the zoning administrator prior to approval of such plan pursuant to the provisions of this paragraph.

(e)

General provisions.

(1)

After approval of a conditional use permit by the governing body, the applicant shall have one (1) year to submit site or subdivision plans for the approved use and shall occupy the site and commence the use within one (1) year of approval of the site plan; provided, however, that the governing body may allow a longer period at the time and as part of approval. If the use has not begun as provided herein, the conditional use permit shall be void, and the use may not thereafter begin except upon approval of a new conditional use permit.

(2)

After approval of a conditional use permit by the governing body, the use approved may intensify and/or expand, provided that any conditions attached to the approval shall not be violated.

(3)

If an approved conditional use ceases operation for a period of one (1) year, for any reason, the conditional use permit shall become void, and thereafter the use may only be conducted after approval of a new conditional use permit.

(4)

Unless specifically restricted by its conditions, a conditional use permit shall be transferable with the land, provided that the use for which it was obtained does not change with such transfer.

(5)

Unless otherwise restricted by its conditions, a conditional use permit shall have an indeterminate duration, provided that the use for which it was obtained is commenced as required in paragraph (e)(1) above and continues without abandonment as provided in paragraph (e)(3) above.

(f)

Revocation of conditional use permits.

(1)

The governing body may, by resolution, initiate the revocation of a conditional use permit. When initiated, the revocation process shall be handled as would a new application for a conditional use permit, following the procedure set forth in subsection 31-54.1(g).

(2)

After review by the planning office and consideration and recommendation by the planning commission, the governing body shall act on the proposal to revoke the conditional use permit. Grounds for revocation shall include, but not be limited to, the following:

(a)

A change in conditions affecting the public health, safety and welfare since approval of the conditional use permit; or

(b)

Repeated violations of this chapter, including any conditions attached to the conditional use permit, by the owner/operator of the use; or

(c)

Fraudulent, false or misleading information supplied by the applicant (or his agent) for the conditional use permit; or

(d)

Improper public notice of the conditional use permit public hearing(s) when the conditional use permit was considered by the planning commission or governing body; or

(e)

An error or mistake in fact that led to an arbitrary and unreasonable decision made by the governing body when approving the conditional use permit.

(g)

Procedures.

(1)

Written application for a conditional use may be made by any property owner, his agent or tenant, or a department, board or bureau of any government. If the application is made by a contract owner, a copy of the purchase agreement shall be filed with and made a part of the application. If a person other than the property owner submits an application for a conditional use permit, a legally sufficient power of attorney must first have been executed by the property owner authorizing such application. In addition, the applicant may designate an agent to represent it with regard to such application, provided a legally sufficient power of attorney has first been executed by the applicant authorizing such agent to act in its behalf. Notwithstanding the foregoing, before any conditional use permit application is submitted to the planning office, the applicant or designated representative must first contact the planning director or his designee to schedule a pre-application meeting. This meeting will provide an opportunity to discuss the project and determine whether a conditional use permit is necessary for the desired use.

(2)

The application shall be filed with the zoning administrator on forms provided by the city.

(3)

A conditional use permit plan must be included with each application. Such plan must include the following:

(a)

Vicinity map at 1" = 2,000'.

(b)

Owner and project name.

(c)

Tax map number(s), name(s), present zoning and use of subject property and all abutting or contiguous parcels.

(d)

Property lines with bearings and distances, and existing and proposed zoning district lines.

(e)

Area of land proposed for consideration, in square feet or acres.

(f)

Scale (no less than 1" = 200') and north point.

(g)

Any and all easements and/or other encumbrances.

(h)

Topography, indicated by contour lines with an interval of not more than five (5) feet.

(i)

Existing drainage facilities, including major culverts, ponds and/or streams.

(j)

The generalized proposed pattern of lots and/or buildings (including number and size, street layout, off-street parking, recreation areas, open space, improvements to existing streets and rights-of-ways, buffers, vehicles per day, and storm water management facilities).

(4)

The procedures for approval of a conditional use shall be the same as those prescribed for zoning changes and amendments as set forth in article X of this chapter. The area included in an approved conditional use permit shall be noted on the district maps by means if a special symbol.

(5)

Except for the application fee, the zoning administrator or his designee may waive the submission requirements, or any portion thereof, set forth in this subsection (g), provided such information is not necessary for the proper review of the application.

(h)

Concurrent processing: Site and subdivision plans can be processed concurrently with a conditional use permit application consistent with the long-range land use designation of the comprehensive plan upon the request of the applicant; provided, however, that the applicant must affirm, in writing, its acknowledgement that the approval of such concurrent processing by the planning director or his designee will in no way affect the outcome of the conditional use permit application. By requesting concurrent processing, the applicant acknowledges that it assumes the risk that such conditional use permit application might be denied, and that all costs related to the submission of such site and/or subdivision plans are its sole responsibility. The submission of site and/or subdivision plans will not be accepted for concurrent processing until after the first round of comments on the conditional use permit application have been received from reviewing agencies and the applicant has committed to satisfying any concerns raised by such agencies.

(Ord. No. 11-1700-903, § 1, 5-24-11; Ord. No. 18-1700-1015, § 11, 6-19-18)

Editor's note— Ord. No. 11-1700-903, § 1, adopted May 24, 2011, renumbered former § 31-34 as § 31-54.1. Former § 31-34 title pertained to conditional users permit (CUP); guides and standards and derived from Ord. No. 06-1700-818H, adopted Dec. 12, 2006.

(a)

Review by the planning office.

(1)

When an amendment has been proposed, and when an amendment to the zoning map has been initiated, the zoning administrator shall have the amendment reviewed by such staff, departments, offices, or other personnel as he finds appropriate.

(2)

In the case of an application for a rezoning, the review shall include an examination of the applicant's proffer statement, if any. The administrator may suggest revisions to the proffer statement in order to clarify the proffers volunteered by the applicant. In addition, before the application is scheduled for a public hearing before the planning commission, the administrator may present to the applicant a summary of the findings of the review in order that the applicant may make modifications of his application should he desire to do so. However, once advertised for a public hearing, no substantial change shall be made in any application unless it is re-advertised.

(3)

The application shall then be referred to the planning commission for a public hearing. The administrator shall not be required to refer such application immediately, but shall consider the applicant's preference, the planning commission's schedule, and the appropriate use of city staff.

(4)

When referring an application to the planning commission, the administrator shall prepare a report for the commission's review and such report shall include a recommendation on the application.

(5)

Amendments to the zoning map and amendments to the text of this chapter not initiated by an application of a property owner shall be referred to the planning commission after a report, and recommendation, by the zoning administrator.

(6)

Concurrent processing. Site and subdivision plans can be processed with a rezoning application consistent with the long range land use designation of the comprehensive plan, upon the request of the applicant, if the applicant acknowledges responsibility for costs related to site and subdivision plans submittal, regardless of whether the rezoning application is approved or denied. The submission of plans may not be accepted until the first round of comments have been received from city agencies and the zoning administrator has approved the concurrent processing affidavit.

(b)

Review by the planning commission.

(1)

The commission shall hold at least one (1) public hearing on such proposed amendment, after notice as required by Section 15.2-2204 of the Code of Virginia and subsection 31-52(c) herein.

(2)

In recommending the adoption of any amendment to this ordinance, the planning commission shall fully state its reasons for any such recommendations, describing the change(s) in conditions, if any, that it believes makes the amendments advisable and specifically setting forth the manner in which the amendment would be in harmony with the comprehensive plan of the city and would be in furtherance of the purpose of this chapter.

(3)

A petition for an amendment may be withdrawn at any time, but if the planning commission has commenced its hearing on the petition, a petition covering any of the same described land will not be reconsidered within twelve (12) months of withdrawal. This provision shall not be held to impair the right of either the planning commission or the governing body to propose any amendments to this chapter on its own motion at any time.

(c)

Review by governing body.

(1)

Before approving the proposed amendment, the governing body shall hold at least one (1) public hearing thereon, after notice as required by Section 15.2-2204 of the Code of Virginia and subsection 31-52(c) herein, after which the governing body may make appropriate changes or corrections in the proposed amendment; provided that no additional land may be zoned to a different classification than was contained in the public notice without an additional public notice as required by Section 15.2-2204 of the Code of Virginia and subsection 31-52(c) herein.

(2)

The zoning administrator shall require a bond and agreement satisfactory to the governing body in an amount sufficient for and conditioned upon the construction of any physical improvements required by the proffered conditions.

(3)

Failure to meet or comply with any proffered condition shall be sufficient cause to deny the issuance of any permits.

(Ord. No. 83-1700-225, 10-18-83; Ord. No. 06-1700-818H, 12-12-06; Ord. No. 11-1700-905, §§ 3, 4, 5-24-11)

(a)

Statement of intent. The purpose of the temporary use procedure is to provide for certain uses which by their nature are short term in duration and not requiring a fixed base of operation and to ensure their compatibility with existing surrounding uses. It shall be the duty of the zoning administrator to issue a temporary use permit after reviewing submitted information and determining that there should be no conflicts created by the requested temporary use. A temporary use permit application may be reviewed by additional staff members depending on the complexity of the submittal.

(b)

Authorization. In considering a submitted application, the zoning administrator may authorize the temporary use to locate on a specific property based on the zoning district and the temporary uses expressly listed for each respective zoning district.

(c)

Standards. A temporary use shall be approved only if its design, location, construction, method of operation, special characteristics and other aspects satisfy the following standards:

(1)

New home sale or rental trailer may be issued for no longer than thirty (30) days following the issuance of a certificate of occupancy for the first five (5) units of the development. At that time, the trailer should be removed from the site and the office relocated inside one of the permanent units.

(2)

Construction office trailers may be allowed in all zoning district for no longer than thirty (30) days following the issuance of a certificate of occupancy for the last unit of the development.

(3)

Holiday-related sale events such as Christmas trees, pumpkins, or fireworks shall only be permitted in the B-2 and PUD (retail use) zoning districts only and shall only be permitted for thirty (30) days prior to and including the related holiday.

(4)

Outdoor or sidewalk sales may only be permitted for no more than four (4) consecutive days and nor more than four (4) times per year on any particular property. Such sales may only take place in the B-1, B-2, I-1, MU and PUD (retail area) zoning districts. No sale shall be permitted that is not related to the nature of the business located on the property and is not to be conducted by either the property owner, a lessee, or an employee of one (1) of the two (2), with the exception of holiday sales.

(5)

Circuses, street fairs, festivals and other outdoor group assemblies shall be permitted in all zoning districts for no more than five (5) consecutive days and no more than six (6) times per year at any particular property.

(6)

Applications will be reviewed on a case-by-case basis for potential ingress/egress or parking problems. An application may be denied if the requested use is deemed likely to create a hazardous situation or otherwise negatively impact the traveling public, pedestrians or adjacent properties.

(7)

A temporary use permit application shall include information pertaining [to]:

a.

Adequate lighting and ventilation;

b.

Adequate automobile and pedestrian traffic flow;

c.

Adequate off-street parking;

d.

Adequate lot access for fire and police protection.

(8)

All temporary use permits must be applied for a minimum of ten (10) working days in advance of the event. No applications will be accepted that do not comply with this requirement.

(9)

An application will not be considered as being accepted unless all relevant information is provided. This means if an application is submitted and additional information is required for a complete review then the accepted date will be the day that all required information is submitted to the city.

(10)

The charge for submitting a temporary use permit application shall be in the amount established by the fee schedule.

(11)

All regulations of the respective zoning district will pertain to temporary uses.

(12)

The granting of a temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted.

(Ord. No. 04-1700-744, § 1, 3-30-04; Ord. No. 18-1700-1015, § 12, 6-19-18)

Editor's note— Ord. No. 22-1700-1083, § 1, adopted June 21, 2022, repealed § 31-57, which pertained to unlawful to keep inoperable motor vehicles; definition; removal, storage and sale and derived from Ord. No. 04-1700-746, § 2, adopted April 20, 2004. The user's attention is directed to § 17-53.