Tontitown City Zoning Code
CONDITIONAL USES
§ 153.120 NATURE AND DESCRIPTION.
Certain uses may or may not be appropriately located within various districts due to their unusual or unique characteristics of operation and external effects. Given their unusual character, analysis and judgment of the consequences of each development and use must be given so as to provide for such reasonable conditions and protective restrictions as are deemed necessary to protect the character and integrity of the area in which uses are proposed to be located. Such uses are listed under the various districts herein as "conditional uses," and may be located in the district or districts so designated only in accordance with the procedure described herein.
(Ord. 2017-05-635, passed 5-2-17)
§ 153.121 DEVELOPMENT STANDARDS AND REVIEW GUIDELINES.
(A) All development shall be designed in such a way as to minimize any potential negative impact on the surrounding area. Special attention shall be given to buffering commercial developments from adjacent single-family areas. Design of the internal traffic circulation system, ingress and egress, off-street parking, loading and pedestrian ways shall be sensitive to such conditions as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, and the proper relationship of different land uses. Landscaped areas shall be provided to protect water quality, and reduce erosion, heat and glare. Such areas shall be maintained in an attractive condition. Existing trees on a development site shall be retained where possible. Screening, open space, or other buffer may be required to give adequate separation between uses which are marginally compatible, and shall also be provided for the beautification and enhancement of the property.
(B) In carrying out the purpose of this section, the following development standards and design specifics shall be subject to review and approval. The appropriateness of these standards shall be determined for each specific conditional use location.
(1) The proposed use is within the provision of "conditional uses," as set out in these regulations.
(2) The proposed use conforms to all applicable provisions herein set out for the district in which it is to be located.
(3) The proposed use is so designated, located, and proposed to be operated, that the public health, safety and welfare will be protected.
(4) The proposed land use is compatible with and will not adversely affect other property in the area where it is proposed to be located.
(5) The size and shape of the site, including the size, shape and arrangement of proposed structures, as well as signage related thereto, is in keeping with the intent of these regulations.
(6) The proposed ingress and egress, internal circulation system, location and amount of off street parking, loading and pedestrian ways are sufficiently adequate, and not inconsistent with requirements of these regulations.
(7) The proposed landscaping and screening of the proposed use are in accordance with provisions of these regulations.
(8) Safeguards proposed to limit noxious or offensive emissions, including lighting, noise, glare, dust and odor are addressed.
(Ord. 2017-05-635, passed 5-2-17)
§ 153.122 PROCEDURE FOR AUTHORIZING.
The following procedure is established to properly integrate a conditional use with other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure:
(A) Application. An application shall be made by the property owner and filed with the zoning official, upon forms prescribed for that purpose, accompanied with the appropriate fee established by the City Council to defray processing costs. The application shall be accompanied by a graphic representation showing the location and proposed use of the site, along with such other descriptive material necessary for decision-making. Such may include, but is not limited to: preliminary site plans showing proposed uses and structures; proposed ingress and egress to the site, including adjacent streets; proposed off-street parking and landscaping; lighting and signage; a preliminary plan for provision of sanitation and drainage facilities; and proximity of adjacent uses and buildings.
(1) Each application shall be verified by at least one of the owners of the property proposed to be changed, attesting to the truth and correctness of all facts and information presented with the application.
(2) The filing deadline for inclusion on the Planning Commission agenda shall be the 1st Tuesday of the month prior to the Planning Commission meeting, which is held on the 4th Tuesday of the month.
(B) (1) Notice. Upon determining that an application is proper and complete, the zoning official shall insure that the matter is set for public hearing before the Planning Commission. The zoning official shall be responsible for insuring that, pursuant to law, at least 15 days' notice of the time, place, and subject of such hearing is published in a newspaper of general circulation in the city.
(2) The applicant shall present evidence to the zoning official, at least ten days prior to the required public hearing, that all property owners within 200 feet of the boundaries of the subject property have been notified of the proposed use, and of the time, date, and place of the hearing. Such evidence shall consist of postmarked, certified receipts and/or return receipts.
(C) (1) Planning Commission review and action. The Planning Commission shall review conditional use permit applications at its regularly scheduled monthly meeting, at which time interested persons may appear at the required public hearing and offer information in support of or against the proposed conditional use. Following the public hearing, the Commission may recommend that the City Council approve the application as presented, recommend that the City Council approve the application with conditions, table the application with cause for not to exceed one month, or deny the application. A recommendation for approval or approval with conditions shall require an affirmative vote of a majority of the authorized membership of the Planning Commission. Following a recommendation to approve the application or approve the application with conditions, the Planning Commission shall forward the application and recommendation to the City Council and the City Council shall have the final authority to accept the recommendation, to accept the recommendation with additional conditions, table the application with cause for not to exceed one month, or to deny the application.
(2) In approving such conditional uses, the Planning Commission and City Council shall impose such conditions and restrictions upon the premises as it deems necessary to reduce or minimize the adverse effects of the use. Compatibility with surrounding property shall be insured to the maximum extent practicable. If the Planning Commission or City Council denies a conditional use application, the reasons for such action shall be given to the applicant within 15 days from the date of the decision. If denied by the City Council, no application for such use or similar use shall be permitted involving part of the same property for a period of six months.
(D) A petitioner aggrieved by an action to approve or deny an application by the Planning Commission shall file an appeal to the City Council with the City Clerk. The appeal most filed with the City Clerk within ten business days after the decision has been rendered by the Planning Commission. The appeal shall consist of a letter from the aggrieved party which sets forth the reasons for the appeal, any other necessary information, as well as the payment of any required fee. The City Council shall fix a reasonable time for the hearing of the appeal.
(E) In no case, shall the Planning Commission or City Council authorize reduction from minimum requirements of these regulations relating to height, area, setbacks, parking, or landscaping. In addition, no conditional use authorized by the Planning Commission or City Council shall be subsequently considered in connection with a variance request to the Board of Zoning Adjustment.
(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2019-09-861, passed 9-3-19; Am. Ord. 2021-1-908, passed 1-5-21; Am. Ord. 2023-06-1054, passed 6--23)
§ 153.123 EFFECT OF APPROVAL.
(A) No building permit shall be issued for any building or structure not in conformance with the site plan and all other conditions imposed in granting a conditional use permit. The construction, location, use, or operation of all land and structures within the site shall be in accordance with all conditions and limitations set forth in the approval. No structure, use or other element of any approved site plan shall be eliminated, significantly altered, or provided in another manner unless an amendment to the conditional use is approved. The procedure for amending a conditional use permit shall be the same as required for the original approval.
(B) Substantial work or construction under a conditional use permit must be commenced within one year, or the permit shall terminate. Conditional use permits shall be valid for an unlimited period unless a lesser period shall be provided in a particular permit. Upon the expiration of the time limit specified in the particular permit, the property owner may request that the permit be reviewed by the Planning Commission, which may extend it for an unlimited period or for an additional period of years.
(C) Once any portion of the conditional use permit authorization is utilized, all such conditions pertaining to such authorization shall become immediately operative. All conditions relating to or limiting the use, status, or operation of the development, after issuance of an occupancy permit, shall be complied with by the applicant or his successors or assigns. Failure to do so shall constitute a violation of these regulations, and cause for revocation of the conditional use authorization.
(D) Provided sufficient site information is submitted with the approved development plan, the Planning Commission may waive otherwise mandated site plan review requirements.
(Ord. 2017-05-635, passed 5-2-17)