Oakland City Zoning Code
ARTICLE VIII
Conditional Use Provisions
Section 405.625 Conditional Use Regulations.
[CC 1997 §26-17]
The Board of Aldermen, by conditional permit after public hearing and subject to such protective restrictions as it deems necessary, may authorize the location, extension or structural alteration of any one (1) of the buildings or uses listed in each district as a conditional use. Conditional use permits shall be issued to tenants and operators.
Section 405.630 Application for Conditional Use Permit.
[CC 1997 §26-17.1]
A.
A written application shall be filed with the City Clerk to obtain a conditional permit for the uses hereinafter set forth in this Article or for uses previously issued a conditional use permit where alteration or an extension is requested. On receipt of the application by the City Clerk, the application is to be forwarded promptly to the Ordinance Enforcement Official. The Ordinance Enforcement Official will then have thirty (30) days within which to review and forward the application to the Planning and Zoning Commission.
B.
Upon receipt of an application, together with a site plan and necessary descriptive material of the entire parcel including all permitted and conditional uses, the City Clerk shall submit the application to the Planning and Zoning Commission.
C.
Applicants are required to pay requisite fee amounts at the time they submit the application for a conditional use permit. The Board of Aldermen will take the necessary steps to establish any such fee.
Section 405.635 Planning and Zoning Commission Review.
[CC 1997 §26-17.2]
The Commission shall review the application based on the conditions set forth in Section 405.645, approve or disapprove the application and submit a report of its recommendations to the Board of Aldermen within ninety (90) days from the delivery of the application to the City Clerk.
Section 405.640 Board of Aldermen.
[CC 1997 §26-17.3]
The Board of Aldermen shall hold a public hearing in accordance with the procedures set forth in Section 405.750 et seq. No action shall be taken upon any applications for a proposed building or use referred to above until and unless the report of the Planning and Zoning Commission has been filed; provided however, that if no report is received from the Commission within ninety (90) days from the delivery of the application to the City Clerk, the Board of Aldermen may proceed with its action upon the application. The Board of Aldermen shall vote on the conditional use permit following the public hearing. The affirmative vote of three (3) members of the Board of Aldermen shall be required to authorize and approve the issuance of any conditional use permit contrary to the recommendation of the Planning and Zoning Commission.
Section 405.645 Criteria for Reviewing Applications.
[CC 1997 §26-17.4]
A.
In considering whether or not such application for a special use permit should be granted, it shall be the duty of the Planning and Zoning Commission and the Board of Aldermen to give consideration to the effect of the requested use on the health, safety, morals and general welfare of the residents of the area in the vicinity of the property in question and the residents of the City generally. In considering the conditional use, the Commission and the Board should consider the following:
1.
The compatibility with surrounding uses and compatibility with the surrounding neighborhood and if it will impose an excessive burden or have a substantial negative impact on surrounding or adjacent uses or on community facilities or services.
2.
The comparative size, floor area and mass of the proposed structure in relationship to adjacent structures and buildings in the surrounding properties and neighborhood.
3.
The frequency and duration of various indoor and outdoor activities and special events and the impact of these activities on the surrounding area.
4.
The number of vehicle movements generated by the proposed use and relationship to the amount of traffic on abutting streets and on minor streets in the surrounding neighborhood, not in terms of the street's capacity to absorb the additional traffic, but rather in terms of any significant increase in hourly or daily traffic levels.
5.
The capacity of adjacent streets to handle increased traffic in terms of traffic volume.
6.
The added noise level created by activities associated with the proposed use and the impact of the ambient noise level of the surrounding area and neighborhood.
7.
The requirements for public services where the demands of the proposed use is in excess of the individual demand of adjacent land uses in terms of Police and fire protection, the presence of any potential or real fire hazards created by the proposed use.
8.
The general appearance of the neighborhood will not be adversely affected by the location of the proposed use on the parcel, nor will the materials used in the construction of the proposed buildings of the special use be greatly dissimilar or that the general architecture of the building stands out or creates a visual problem within the neighborhood.
9.
The impact of night lighting in terms of intensity and duration and frequency of use as it impacts adjacent properties and in terms of presence in the neighborhood.
10.
The impact of the landscaping of the proposed use in terms of maintained landscaped areas, openness of landscape versus the use of buffers and screens.
11.
The impact of a significant amount of hard-surfaced areas for buildings, sidewalks, drives, parking areas and service areas in terms of noise transfer, water runoff and heat generation.
12.
The potential for the proposed use to remain in existence for a reasonable period of time and not become vacant or unused. Consideration should also be given to unusual single purpose structures or components of a more temporary nature.
13.
Any other factors relevant to the public health, safety, convenience and general welfare of the residents of the City.
Section 405.650 Renewal.
[CC 1997 §26-17.5]
Renewal of a conditional use permit is on an annual basis by application to the City Clerk and approval by the Board of Aldermen. Upon receipt of the renewal request by the City Clerk, the request is to be forwarded promptly to the Ordinance Enforcement Official. The Ordinance Enforcement Official will then have thirty (30) days within which to review and forward the request to the Planning and Zoning Commission. Application should be filed at least ninety (90) days prior to the anniversary of the expired date of the original permit.
Section 405.655 Transferability.
[CC 1997 §26-17.6]
Conditional use permits are not transferable.
Section 405.660 Conditions and Restrictions.
[CC 1997 §26-17.7]
The Board of Aldermen may impose restrictions and conditions on any conditional use permit issued by the City to assure that the standards of Section 405.645 are complied with and the general intent of this Chapter is carried out.
Section 405.665 Revocation.
[CC 1997 §26-17.8]
A.
The Board of Aldermen may, in accordance with Section 405.750 et seq., institute a rezoning or an extension (all or any part) of a conditional use permit if any approved conditional use permit granted by the Board of Aldermen is not exercised and put into use within twelve (12) months of the date of approval.
B.
The Board of Aldermen, after a public hearing, may revoke a conditional use permit for failure of compliance with the regulations and restrictions of this Chapter or the requirements of the conditional use permit.