Summerset City Zoning Code
AUTHORIZING CONDITIONAL
USES
§ 155.335 GENERAL.
(A) The city recognizes that diversity and the blending of compatible uses is essential to a healthy and dynamic community.
(B) Toward that end, the following procedure is established to properly integrate conditional uses with permitted uses in the district.
(C) The Planning and Zoning Board may authorize by conditional use permit the uses designated in this chapter when located in a zoning district allowing such use.
(D) The Planning and Zoning Board shall impose such conditions as are appropriate and necessary to ensure compliance with the Comprehensive Plan and protect the health, safety, and general welfare in the issuance of such conditional use permit.
(Ord. passed 2-3-2011, § 2.36.010)
§ 155.336 APPLICATION PROCEDURE.
(A) A property owner or a designated representative may apply to the city for a conditional use, using forms available from the Zoning Administrator. If the request is by a designated representative, the designation shall be in writing, signed by the property owner, and filed with the application fees.
(B) (1) An applicant shall submit a preliminary development/redevelopment plan to the Planning and Zoning Board.
(2) The plan shall include, but not be limited to:
(a) The location and legal description of the property;
(b) Position, size, and use of all structures, improvements, and facilities to be constructed/reconstructed;
(c) Location of all points of ingress and egress and internal traffic circulation pattern;
(d) If applicable, landscape, lighting, and drainage plan;
(e) Parking plan; and
(f) Such other architectural and engineering data as may be required by the Planning and Zoning Board.
(C) The city shall set a date for public hearing on the request. Said date for the public hearing shall be a day when the Planning and Zoning Board is regularly scheduled to meet as determined by the rules, policies, and regulations as adopted or which may hereafter be adopted by the Planning and Zoning Board for holding public hearings on such requests, or the Planning and Zoning Board may designate a special meeting at which to hear a requested conditional use application. The Planning and Zoning Board shall act on all applications within 90 days of submission of the application, or the application shall automatically be approved; provided, however, that, the applicant may waive this requirement in writing and consent to the extension of the period.
(D) Notification of surrounding property owners, tenants, and interested parties shall be accomplished by the following.
(1) A sign noting the fact that a conditional use permit request is pending shall be posted on the site not less than ten calendar days before the public hearing before the Planning and Zoning Board. The sign shall be maintained on the site until the final action has taken action on the request or the petition is withdrawn. Approved signs shall be secured from the city who shall require a reasonable deposit sufficient to cover the cost of replacement of the sign or signs and who shall determine the number and location of the sign or signs to be posted on the site addressed in the petition for conditional use permit.
(2) The petitioner shall submit postal receipts to demonstrate a good faith attempt to notify by certified letter with return receipt all property owners within 250 feet, inclusive of public right-of-way, of the site measured from the perimeter of the lot or lots which contain the buildings and area dedicated to the proposed use. The certified mailings shall include the date set for the hearing before the Planning and Zoning Board and contemplated uses, and shall be on a form provided by the city. The property owners listing shall be prepared by the city and based on the County Director of Equalization office records of ownership and addresses. Notices are to be sent by the applicant to all parties on the aforementioned list by certified mail with return receipt requested no less than ten calendar days prior to the public hearing on the request held by the Planning and Zoning Board.
(3) The Planning and Zoning Board shall hold its public hearing, having given ten days notice of the date, place, and time of the hearing in the city’s designated legal newspaper.
(E) The Planning and Zoning Board may impose such conditions regarding the location, character, or other features of the proposed use or buildings as it may deem advisable in the furtherance of the general purposes of this chapter. The Planning and Zoning Board shall makes its decision, fully setting forth its findings and conditions, if any, for approval. Any decision to grant a conditional uses shall be based upon and accompanied by a statement regarding:
(1) The objectives of the Comprehensive Plan;
(2) The purpose of this chapter and its relevant zoning districts when making a decision to approve or disapprove a conditional use permit; and
(3) The following conditional use standards:
(a) The location, character, and natural features of the property;
(b) The location, character, and design of adjacent buildings;
(c) Proposed fencing, screening, and landscaping;
(d) Proposed vegetation, topography, and natural drainage;
(e) Proposed pedestrian and vehicular access, circulation, and parking, including that related to bicycles and other unpowered vehicles and provisions for handicapped persons;
(f) Existing traffic and traffic to be generated by the proposed use;
(g) Proposed signs and lighting;
(h) The availability of public utilities and services;
(i) The objectives of the adopted Comprehensive Plan and the purpose of the ordinance codified herein;
(j) The overall density, yard height, and other requirements of the zone in which it is located;
(k) The effects of noise, odor, smoke, dust, air, and water pollution and the degree of control through the use of clarifiers, screening, setbacks, and orientation; and
(l) The degree to which conditions imposed will mitigate any probable adverse impacts of the proposed use on existing adjacent uses.
(Ord. passed 2-3-2011, § 2.36.020)
§ 155.337 APPEALS.
(A) (1) The decision rendered by the Planning and Zoning Board on a conditional use permit may be appealed to the Board of Commissioners. Any person or party has the right to appeal the decision of the Planning and Zoning Board regarding any conditional use permit.
(2) Appeals must be made in writing and filed with the city by close of business on the fifth working day from the Planning Commission’s decision. When an official appeal has been filed, the Board of Commissioners shall conduct a public hearing to act on all applications which have been appealed to them for public hearing as provided in this section.
(B) Upon the filing of any appeal of the Planning Commission’s decision of a conditional use permit with the Planning Department, the applicant shall pay to the city an administration fee of $100.
(C) Upon the filing of any appeal of a Planning and Zoning Board decision of a conditional use permit, the city shall set a date for public hearing on the request. Said date for the public hearing shall within 30 days of the appeal and shall be a day when the Board of Commissioners is regularly scheduled to meet.
(D) The city shall mail a notification of the appeal to all land owners as identified in the original mailing as required in § 155.336(D)(2). Notices are to be sent by the city to all parties on the aforementioned list by first class mail no less than ten calendar days prior to the public hearing on the request held by the Board of Commissioners.
(E) (1) The Board of Commissioners shall review the decisions and recommendations of the Planning and Zoning Board of all applications coming before the Board of Commissioners as provided in this chapter.
(2) The Board of Commissioners, in making its determination of such applications, may make changes in accordance with or in rejection or modification of the recommendation of the Planning and Zoning Board. Any modification to the Planning and Zoning Board decision shall be in compliance to the conditional use permit criteria stated in § 155.336(E) inclusively.
(Ord. passed 2-3-2011, § 2.36.030)
§ 155.338 GOVERNING BODY PERCENTAGE OF VOTE REQUIRED FOR APPROVAL OF CONDITIONAL USE PERMIT.
Whenever a vote of the Planning and Zoning Board as set forth in this chapter is necessary for the approval of a conditional use permit, such approval shall be obtained by receiving the affirmative vote of not less than a majority (51%) of the Planning and Zoning Board members in attendance and voting. Whenever a vote of the Board of Commissioners is required under this chapter pursuant to an appeal of a conditional use permit matter, any decision approving the conditional use permit application on appeal, with modifications or otherwise, shall be obtained by receiving the affirmative vote of a majority (51%) of the Board of Commissioners in attendance and voting.
(Ord. passed 2-3-2011, § 2.36.31; Ord. 2.01C, passed 6-4-2015)
§ 155.339 AMENDMENTS.
(A) Approved plans shall not be changed, modified, or altered without authorization from the Planning and Zoning Board giving final approval, and all work shall be completed and enforced in accordance with the approved plans. The conditions of approval of a conditional use permit may be amended.
(B) Amendments are considered major or minimal and are addressed in the following manner.
(1) Major amendments shall be processed in the same manner as required for a separate conditional use permit. A major amendment is required when:
(a) A change to specific stipulations addressed in the initial approval or a subsequent amendment;
(b) The structure and/or occupied site is substantially enlarged. A structure is considered to be substantially enlarged when the gross square footage increases by 20% or 2,000 square feet, whichever is less. The land or site which supports the use is considered to be substantially enlarged when the gross square footage of the occupied site increases by 10% or 10,000 square feet, whichever is less; and
(c) The Zoning Administrator determines that the proposed change is major and requires public hearing review.
(2) (a) Minimal amendments must be reviewed and approved by the Zoning Administrator. A minimal amendment involves a change to the site plan affecting any or all of the following: parking, circulation, landscaping, and lot coverage by buildings or building setbacks.
(b) The Director shall determine that the proposed modification to the site will not have a significant adverse impact on neighboring properties, the street network, or the appearance of the property in approving a minimal amendment.
(c) The Director shall consider the criteria outlined in § 155.336(E) inclusively to determine if the proposed modifications still meet the requirements of a conditional use permit.
(d) The Zoning Administrator shall file a memorandum explaining the changes with the original conditional use permit file or major amendment file.
(Ord. passed 2-3-2011, § 2.36.040)
§ 155.340 EXPIRATION AND RENOVATIONS.
(A) A conditional use permit approved shall expire if the primary use proposed under the conditional use permit has not been undertaken and completed according to the terms and conditions of the conditional use permit within two years of the approval of the conditional use permit. A conditional use permit is considered approved upon the effective date of the Planning and Zoning Board or Board of Commissioners’ action, resolution, or ordinance relating thereto.
(B) A conditional use permit approved shall expire one year after the use discontinues on the premises.
(C) The use is changed to another permitted use in the underlying district.
(D) Upon written request to the Director and prior to the conditional use permit expiration date, the Director shall place the extension request on the next regular scheduled Planning Commission meeting. The Planning and Zoning Board may extend the period of the conditional use permit where it is warranted in light of the relevant circumstances, including, but not limited to the size and phasing of the development, economic cycles, and market conditions. The Planning and Zoning Board may grant one two-year extension to the original conditional use permit or major amendment. If a longer extension is requested, the extension shall be processed as a major amendment and shall follow all procedures required in § 155.339(B)(1).
(E) (1) A conditional use permit may be revoked only for cause consisting of failure to maintain the standards required for the conditional use permit.
(2) A notice of intent to revoke a conditional use permit shall be given in writing 30 days prior to actual revocation and shall specify the area or areas of continued failure to meet requirements and maintain conditions the city may have imposed.
(3) If, during that period, proof of compliance is made by the holder of the conditional use permit, the conditional use permit shall be continued in force.
(4) If a hearing has been requested following receipt of notice of intent to revoke, the Planning and Zoning Board shall hold a public hearing on the matter and make a final determination on the revocation.
(Ord. passed 2-3-2011, § 2.36.050)
§ 155.341 DENIAL OF REQUEST.
In the event the request for a conditional use permit is denied by the Planning and Zoning Board or the Board of Commissioners, re-application shall not be permitted for a period of one year, unless the Zoning Administrator determines that the request has substantially changed.
(Ord. passed 2-3-2011, § 2.36.060)