Roosevelt City Zoning Code
ARTICLE VII
Conditional Use Permits
§ 7.110 Purpose.
[Ord. 97; 97-19]
Those uses designated as Conditional Uses in the District Regulations (Article III) are hereby declared to possess characteristics of such unique and special form as to require that each specific use shall be considered as an individual case; and as to further require conformance to additional standards as specified in this article.
§ 7.120 Conditional Uses as Permitted Uses.
Uses designated as Conditional Uses may be considered to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in this article in addition to all other requirements of this ordinance.
§ 7.210 Application.
[Ord. 97; 97-19; 97-39]
a.
Each application for a Conditional Use shall be made to the administrative officer for referral within 10 days of receipt of the completed application to the Planning Board for action.
b.
Application for Conditional Use permits shall contain the same information as required for site plan review by Section 6.100. No application shall be considered as officially submitted until such time as the Construction Official has received all required information and documentation. Site plan review shall run concurrently with Conditional Use review. Where the administrative officer determines that it would be unreasonable to require a full site plan review submission as required by Section 6.100 in conjunction with a conditional use application, he may waive such specific requirements of Section 6.100 as he deems appropriate.
§ 7.220 Planning Board Action.
[Ord. 97; 97-17; 97-39]
a.
The Planning Board shall have jurisdiction to review and take action on all applications for Conditional Use permits.
b.
The Planning Board shall act on all Conditional Use permit applications within 95 days of the first Planning Board meeting on or after the date of referral. In the absence of Planning Board action within such ninety-five-day period, the application shall be deemed approved as submitted. The review period may be extended by mutual agreement of the Planning Board and applicant.
c.
The Planning Board shall hold a public hearing on each application, with the same notice as required by law for development applications.
d.
The Planning Board's decision on each application must be set forth in a written resolution to the Construction Official, which resolution shall authorize the Construction Official to grant or deny the application or to grant the application subject to conditions.
e.
The Planning Board shall attach such conditions and safeguards to any approved use and development plan as are, in its opinion, necessary to ensure initial and continual conformance to all applicable standards and requirements.
f.
No Conditional Use permit shall be granted except upon a finding by the Planning Board that the standards and requirements for such use set forth in this article, in addition to all other applicable regulations, have been met. The Board's written resolution authorizing the grant of such permit shall set forth such finding. A written resolution denying such permit shall set forth findings, in specific terms, as to the standards and requirements which have not been met.
g.
Any Conditional Use permit not exercised within one year of the date of issuance shall expire without further hearing by the Planning Board.
§ 7.300 General Standards.
[Ord. 97; 97-19]
No conditional use permit shall be granted unless the following conditions are met:
a.
In residential districts, the proposed use will not interfere with the public welfare and convenience.
b.
The location and size of the use, the nature and intensity of the operations involved in it or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it, are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
c.
The location, nature and height of buildings, walls, fences and the nature and extent of existing or proposed plantings on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
d.
Operations in connection with any conditional use will not be more objectionable to nearby properties by reason of noise, fumes, vibration or other characteristics than would be the operations of any permitted use not requiring a conditional use.
e.
Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum and adequate safety.
§ 7.420 Service Station.
[Ord. 97; 97-19; 97-39]
In any district where permitted, a service station shall be subject to the following regulations:
a.
Service stations shall be permitted only on lots of 40,000 square feet or more, with 100 feet minimum frontage.
b.
The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on the required yard area.
c.
No fuel pump shall be located closer than 20 feet from any side lot line, nor closer than 35 feet from any street line, measured from the outside edge of the fuel island.
d.
No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church, or any other public gathering place, park, playground or fire station unless a street 50 feet wide lies between such service station and such building or use.
e.
All work materials shall be stored in enclosed spaces and all necessary provision shall be made for the safe storage, use and disposal of potentially dangerous materials.
f.
No open area in which vehicles or parts are stored or repaired shall be visible from any public road, except that vehicles awaiting repair or pickup may be parked on an apron located entirely within the front yard of the property. Other open areas in which vehicles may be stored shall be no closer to the public right-of-way than the front building line, and shall be screened by opaque screening of a sturdy and permanent nature subject to review and approval by the Planning Board. No junked or unregistered vehicles shall be kept or stored on the premises.
g.
The sale of used cars ancillary to the principal function of the premises as a service station is permitted.
§ 7.431
[Ord. 97; 97-17]
Buildings for home occupations, artistic, artisanal, horticultural or similar activities located separately on the same lot as the principal structure shall meet all standards of Section 5.400 (accessory structures in yards) and, where applicable, Section 6.420 (home occupations), and shall require conditional use approval.
§ 7.432
[Ord. 97; 97-17]
Notwithstanding any other provision of this ordinance, any separate garage or storage structure on the same lot as the principal structure in excess of 240 square feet of floor area or more than 10 feet high measured from the ground immediately in front of the proposed structure shall require conditional use approval.
§ 7.433
[Ord. 97; 97-17]
In granting conditional use approval under this section, the Planning Board shall determine that the scale and visual impact of the proposed structure shall not be excessive, particularly where it is located in close proximity to an abutting property, and may require the applicant to reduce the size or height of the proposed building, and provide such screening or fencing as may be necessary, as a condition of approval.
§ 7.440 Houses of Worship.
[Ord. 97; 97-36; 97-40]
A house of worship shall:
§ 7.500 Modification of Residential Parking Standards.
[Ord. 97; 97-18; 97-39]
Any modification of residential parking standards set forth in Sections 6.211 and 6.212 shall be considered a conditional use and shall be subject to review by the Planning Board to determine whether the modification can be accommodated without (a) materially affecting the visual character of the street and surrounding areas; and (b) adversely affecting adjacent properties and their use and enjoyment. The Planning Board may condition approval of a modification under this section on such landscaping, planting, or screening, as it deems necessary, to maintain the character of the street and prevent adverse affects on adjacent properties.