Troy City Zoning Code
ARTICLE VII
Conditional Uses
Section 405.235 Purpose.
[R.O. 2006 §405.155; Ord. No. 503A, 7-17-2000]
To impose more control over certain uses which, although may be considered to be desirable, may, because of the nature of their operations, generate excessive traffic, noise or other pollutants, pose a potential for accidents or danger to public health or safety, or have a potentially detrimental effect on the value or potential development of adjacent properties. These conditional uses are not allowed by "right" without consideration of existing conditions at the proposed site and neighboring properties, and the establishment of special development safeguards, or conditions, for the proposed conditional use.
Section 405.240 Authority.
[R.O. 2006 §405.160; Ord. No. 503A, 7-17-2000]
The Board of Aldermen, subject to recommendation by the Planning and Zoning Commission, shall have the authority to grant conditional use permits, subject to such conditions relative to site design, operations, safeguards and time limitations for development as it may determine.
Section 405.245 Application and Fee. [1]
Applications for a conditional use permit shall be obtained from the City and completed by the applicant prior to processing and review by the City. A filing fee of two hundred dollars ($200.00) shall accompany the completed application. The petitioner shall be responsible for the payment of any publication costs, costs of certified mailings, and any costs of providing notices required for a conditional use permit under Chapter 405. The petitioner shall pay all costs prior to the notices being sent out or published by the City and prior to the City acting upon the petitioner's application.
Section 405.250 Processing and Review Procedure.
[R.O. 2006 §405.170; Ord. No. 503A, 7-17-2000]
A.
The procedure for requesting and obtaining a conditional use permit follows the same procedure as that for rezoning and amendments as outlined in Article XVII of this Chapter. These steps include the following sequence of actions:
1.
Filing a conditional use permit application form along with the required site plan, exhibits and other information with the Planning and Zoning Commission.
2.
Publication of notice of public hearing by the City, and payments of all amounts due under Section 405.245 by the petitioner.
[Ord. No. 1272, 7-15-2019]
3.
Public hearing by the Planning and Zoning Commission.
4.
Submission of report by the Planning and Zoning Commission to the Board of Aldermen recommending approval or denial of the conditional use permit.
5.
The Board of Aldermen, subject to the recommendation by the Planning and Zoning Commission, grants or denies the conditional use permit. If approval is granted, special conditions and protective restrictions as are deemed necessary may be imposed by the Board of Aldermen before authorization of the conditional use permit.
Section 405.255 Criteria For Considering Application.
[R.O. 2006 §405.175; Ord. No. 503A, 7-17-2000]
A.
In considering any conditional use permit application, the Planning Commission and the Board of Aldermen may give consideration to the criteria stated below to the extent they are pertinent to the particular application. The Commission and Board of Aldermen also may consider other factors that may be relevant to a particular application.
1.
Satisfaction of the conditions and requirements applicable to the requested conditional use as set forth in this Chapter.
2.
The existing uses and zoning of nearby property.
3.
The extent to which property values are diminished by the proposed use.
4.
The extent to which the destruction of property values, if any, of the property to be rezoned or nearby property affects the health, safety, morals or general welfare of the public.
5.
The relative gain to the public as compared to the hardship imposed on the individual property owner.
6.
The suitability of the property for the zoned purpose.
7.
The length of time the property has remained vacant as currently zoned considered in the context of land development in the area in the vicinity of the subject property.
8.
The public need for the proposed use.
9.
The extent to which the proposed use will adversely affect the capacity or safety of that portion of the street network impacted by the use or present parking problems in the vicinity of the property.
10.
The extent to which the proposed use will create excessive stormwater runoff, air pollution, water pollution, noise pollution or other environmental harm.
11.
The extent to which public facilities and services are available and adequate to meet the demand for facilities and services generated by the proposed use.
12.
The recommendation of professional staff.
Section 405.260 Required Findings.
[R.O. 2006 §405.180; Ord. No. 503A, 7-17-2000]
A.
A conditional use permit shall be issued only upon a finding that the applicant has, based on the criteria established in Section 405.255, met the affirmative burden of proving that the issuance of the conditional use permit:
1.
Will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2.
Will not be injurious to the use and enjoyment of properties in the immediate vicinity.
3.
Will allow uses having adequate utilities, access and services.
4.
Will in all respects conform to the applicable regulations and laws.
5.
Will satisfy a public necessity for the conditional use.
Section 405.265 Vesting of Rights.
[R.O. 2006 §405.185; Ord. No. 503A, 7-17-2000]
A.
The mere issuance of a conditional use permit gives no vested rights to the permit holder.
B.
A right to continue a specially permitted use shall vest only if the project is constructed and the use is actually begun.
C.
The right to continue the conditional use that was permitted prior to the effective date of this Chapter shall last only as long as specified by the conditional use permit.
D.
As of the effective date of this Chapter, existing permits shall be subject to the provisions for transferability as expressed in this Chapter.
Section 405.270 Transferability, Lapse, Expiration and Revocation.
[R.O. 2006 §405.190; Ord. No. 503A, 7-17-2000]
A.
Transferability.
1.
A conditional use permit may be conveyed with the land only if a right to continue the use has vested under the terms of this Article. The transfer of a permit in which no right has vested shall be invalid. Nothing in this Article shall be construed to alter the expiration date of permits or the authority of the Board of Aldermen to revoke the permit.
2.
A conditional use permit cannot be assigned or transferred to a different parcel of land.
3.
Every entity attempting to convey a conditional use permit shall give notice in writing to the City within seventy-two (72) hours after having sold, transferred, given away or otherwise disposed of an interest in or control of a parcel of land for which a conditional use permit has been issued. Such notice shall include the name and address of the successor in interest or control of the parcel. Receipt of such notice shall not constitute acceptance of an invalid transfer.
B.
Lapse. A conditional use permit, in which no vested right has been established, shall lapse and become void unless the applicant applies for a building permit incident to the proposed use within one (1) year of the date of approval of the conditional use permit by the Board of Aldermen. Upon the written request of the property owner and for good cause shown, the City may grant one (1) extension of not more than one (1) year. An application for an extension will be considered only if it is submitted in writing prior to the expiration of the initial period.
C.
Expiration. A conditional use permit shall be valid for either a limited period of time to be specified in the terms and conditions of the permit or permanently if so specified in the conditions of the permit. A permit may be renewed upon application to the Board of Aldermen subject to the same procedures, standards and conditions as in the original application. Unless otherwise stated, a conditional use permit shall be good for a period of no more than five (5) years.
D.
Revocation. Any conditional use permit granted under the authority of this Section is subject to revocation for any or all of the following reasons:
1.
Non-compliance with any applicable requirements as set forth in this Article.
2.
Non-compliance with any special conditions imposed at the time of approval or renewal of the conditional use permit.
3.
Violation of any provisions of the Code of Ordinances pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the permit holder, agents of the permit holder or tenants.
4.
Violation of any other applicable provisions of the Code of Ordinances or any State or Federal law or regulation by the permit holder, agents of the permit holder, or tenants, provided that such violations relate to the conduct or activity authorized by the conditional use permit or the qualifications of such persons to engage in the permitted use.
5.
Attempted transfer of a permit in violation of this Article.
6.
Revocation is necessary to preserve the public health, safety and welfare.
Section 405.275 Procedure For Revocation.
[R.O. 2006 §405.195; Ord. No. 503A, 7-17-2000]
No conditional use permit shall be revoked unless a majority of the Board of Aldermen is satisfied by preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a conditional use permit shall clearly state the grounds for revocation.