Swanton City Zoning Code
ARTICLE 150
67 CONDITIONAL USE REVIEW PROCEDURES
§ 150.671 CONDITIONAL USE PERMIT REQUIRED.
When a proposed use is permitted in a zoning district as a conditional use as set forth in the district regulations, a conditional use permit is required and the application for such conditional use permit shall be submitted and reviewed according to the following review procedures.
(Ord. 2023-03, passed 2-27-2023)
§ 150.672 DESIGNATION AS A CONDITIONAL USE.
(A) Certain types of uses are classified as conditional uses because of their uncommon or unique characteristics, infrequency of occurrence, large area requirements, or potential for significant impact on a particular district. The village has determined that such use may be permitted and desirable in certain districts but not without consideration in each case of the effect of the use upon neighboring land and the public need for a particular use at the particular location. The application of the planning standards for determining the location and extent of such use is a planning function and not in the nature of a variance or appeal. Consequently, the conditional use procedures call for a more flexible and equitable procedure for properly accommodating such activities in the community.
(B) The purpose of this Article is to provide controllable and reasonably flexible requirements for certain kinds of uses that will allow practicable latitude for the investor, but that will, at the same time, maintain adequate provisions for the health, safety, convenience and general welfare of the Village’s inhabitants.
(C) In order to accomplish such a dual objective, this chapter sets forth a review procedure that enables a more detailed consideration of each conditional use. The review considers the proposal in terms of existing zoning and land use in the vicinity of the proposed use; the design, size, operation, processes and equipment employed, and intensity of the proposed use; the impacts of the proposed use at the proposed location on the public health, safety, convenience, comfort, prosperity and general welfare, including traffic generation and movement, the amount and kinds of public facilities and services required; and whether and to what extent all appropriate feasible steps have been taken by the permit applicant to minimize or mitigate any adverse impacts of the proposed use.
(D) Review of this information by the Planning Commission is required to ensure that each proposed conditional use is consistent with the intent and objectives of the particular district in which it is to be located.
(Ord. 2023-03, passed 2-27-2023)
§ 150.673 CONDITIONAL USE PERMIT APPLICATION.
An application for a conditional use permit shall be filed with the Zoning Administrator on a form prescribed by the village, accompanied by an application fee as established by Village Council.
(A) The application for a conditional use permit shall include the following items:
(2) A description of all uses proposed for the development, the location, extent and characteristics.
(3) A statement or diagram showing compliance with any use-specific requirements specified in Article 150.33.
(4) Any other material and/or information as may be required by the Planning Commission to fulfill the purposes of this Article and to ensure that the application is in compliance generally with the ordinances of Swanton.
(B) The Zoning Administrator may waive certain submittal requirements in order to reduce the burden on the petitioner and to tailor the requirements to the information necessary to review a particular petition. The Zoning Administrator may waive such requirements upon finding that the project size, complexity, anticipated impacts, or other factors associated with the proposed development clearly, in his or her opinion, support such waiver. Any such waivers shall be authorized in writing and retained in the project file.
(Ord. 2023-03, passed 2-27-2023)
§ 150.674 PUBLIC HEARING AND REVIEW BY PLANNING COMMISSION.
(A) Application for such conditional use permits received from the applicant shall be submitted by the Zoning Administrator to the Planning Commission.
(B) The Planning Commission shall hold a hearing thereon, notice of which shall be published in a newspaper of general circulation, or mailed to the owners of property contiguous to and across the street from the parcel of which a conditional use permit is requested at least 20 days before the hearing.
(C) The Planning Commission may require additional plans and documents further clarifying the nature and extent of the use or any aspect of the application.
(Ord. 2023-03, passed 2-27-2023)
§ 150.675 DECISION.
(A) The Planning Commission shall take action upon such application within 45 days after the date of receiving said application; failure to act within such period shall be deemed approval, unless an extension of this time is agreed to by the applicant.
(1) Approval. The Planning Commission may approve or approve with conditions the application for a conditional use permit.
(2) Denial. The Planning Commission may deny the application for a conditional use permit. If the Planning Commission denies the application, the application process ends. Disapproval of the application for a conditional use permit shall include a statement of the reasons for the denial.
(3) Failure of the Planning Commission to act within the time, or an extended period as may be agreed upon, shall at the election of the applicant be deemed a denial of the application.
(B) All conditions imposed upon any conditional use approval, with the exception of conditions made applicable to such approval by the terms of this Zoning Code, shall be set forth expressly in the resolution granting the conditional use permit.
(Ord. 2023-03, passed 2-27-2023)
§ 150.676 GENERAL CRITERIA FOR CONDITIONAL USES.
A conditional use, and uses accessory to such conditional use, shall be permitted in a district only when specified as a conditional use in such district, and only if such use conforms to the following criteria. Furthermore, the Planning Commission shall review the particular facts and circumstances of each proposed use shall not approve the permit unless the following conditions and standards are complied with as set forth for the following districts.
(A) Residential Districts and the Public/Open Space District.
(1) The proposed use shall be properly located in relation to the Comprehensive Plan or other adopted land use plans for the area, particularly to the secondary and local streets and pedestrian circulation;
(2) When located on a local street the proposed use will generate the least possible traffic through a residential neighborhood and shall contain vehicular approaches to the property, so designed as not to create interference with traffic on surrounding public thoroughfares;
(3) The proposed use is 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 will not discourage the appropriate development or impair the value of the surrounding residential district;
(5) The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
(6) The proposed use 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 that the use will not change the essential character of the same area; and
(7) For temporary structures every conditional use permit shall be reviewed every six months and may be renewed only while the construction operations are pursued diligently.
(B) Business and Industrial Districts.
(1) The proposed use shall be necessary to serve the community needs and existing similar facilities located in a less restrictive, or more remote district in which the use may be permitted by right, are inadequate;
(2) The proposed use shall be no closer than appropriate in the particular situation to schools, churches and other places of assembly;
(3) The location, extent and intensity of the proposed use shall be such that its operation will not be objectionable to nearby dwellings by reason of noise, smoke, dust, odors, fumes, vibrations or glare than is normal or is permitted by the performance standards of the district;
(4) The proposed use may be permitted in a more restrictive district than in which it is permitted by right only because of its limited extent, modern equipment and processes;
(5) The hours of operation and concentration of vehicles in connection with the proposed use will not be more hazardous or dangerous than the normal traffic of the district;
(6) The proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;
(7) The proposed use will not be hazardous or disturbing to existing or future neighboring uses; and
(8) The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(C) Electronic Message Center Signs.
(1) The location, extent and intensity of the proposed sign shall be such that its operation will not be objectionable to nearby residential dwellings by reason of light, glare, intensity or brilliance than is normal for the standards of the zoning district;
(2) The proposed use will not be hazardous or disturbing to existing residential uses; impair the vision of the drivers of motor vehicles or interfere with the effectiveness of an official traffic sign, device or signal;
(3) All signs must be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the sign owner or operator must immediately turn off the sign when notified to do so by the village if a malfunctioning sign does not turn off automatically;
(4) The Planning Commission may permit a larger pole or ground sign in commercial zoning districts only, if the applicant agrees to consolidate multiple or nonconforming signs into a single sign; but in no case can any sign be greater than 150% of the size of a pole or ground sign permitted by right in any commercial zoning district. The Planning Commission may also require additional setbacks from rights-of-way, residential zoning districts or property lines to accommodate larger signage.
(D) Safeguards and conditions. In addition to complying with the general standards set forth in this section, conditions appropriate to each particular application may also be set forth in the permit.
(Ord. 2023-03, passed 2-27-2023)
§ 150.677 TERMS AND DURATION OF APPROVAL.
(A) Conditional use approval shall authorize a particular conditional use on the specific parcel for which it was approved. Approval of a conditional use, pursuant to this Article, shall be valid only for the use and the operation of such use as specified when granted by the Planning Commission. The breach of any condition, safeguard, or requirement shall constitute a violation of this Zoning Code.
(B) A conditional use permit issued pursuant to this Article shall be valid only to the applicant to whom the permit is issued, unless the new owner agrees to all conditions, safeguards and requirements in the conditional use permit and a transfer of such permit is approved by the Zoning Administrator.
(C) The conditional use permit shall become null and void within a six-month period after the date of approval, unless:
(1) In the case of new construction, work upon the structure shall have begun above the foundation walls;
(2) In the case of occupancy of land, the use has commenced;
(3) As otherwise specifically approved by the Planning Commission at the time the conditional use approval is granted; or
(4) The Zoning Administrator grants an extension for good cause shown, upon the request of the applicant.
(D) A conditional use permit may be considered abandoned and void if, for any reason, the conditional use is not conducted for more than six months.
(Ord. 2023-03, passed 2-27-2023)
§ 150.678 REVOCATION OF CONDITIONAL USE APPROVAL.
A conditional use permit may be revoked if the established conditions for approval are violated. The Zoning Administrator is responsible for advising the Planning Commission of any violations.
(Ord. 2023-03, passed 2-27-2023)