West Haven City Zoning Code
CONDITIONAL USES
§ 157.515 PURPOSE AND INTENT.
(A) This subchapter sets forth requirements for considering and approving conditional use permits.
(B) A conditional use permit allows evaluation of a land use proposed at a particular location to determine if the use may detrimentally affect the city, surrounding neighbors, or adjacent land uses.
(C) Conditional uses are allowed unless the reasonably-anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by imposing reasonable conditions to comply with the standards in this subchapter.
(Prior Code, § 35.01) (Ord. 2-92, passed - -1992; Ord. 06-2016, passed 3-16-2016)
§ 157.516 AUTHORITY.
The Planning Commission may approve or deny conditional use permits as provided in this subchapter.
(Prior Code, § 35.02) (Ord. 2-92, passed - -1992; Ord. 06-2016, passed 3-16-2016)
§ 157.517 CONDITIONAL USE PERMIT.
A conditional use permit shall be required for any land use listed as a conditional use in the zone regulations in this chapter.
(Prior Code, § 35.03) (Ord. 2-92, passed - -1992; Ord. 06-2016, passed 3-16-2016)
§ 157.518 REVIEW PROCEDURE.
(A) Application. Application for a conditional use permit shall be made to the Building Official using application forms provided by the city.
(B) Information required. Detailed location, site, and building plans shall accompany an application for a conditional use. For a conditional use in an existing structure, only a location plan must be provided.
(C) Consideration. The application, with all pertinent information, shall be considered by the Planning Commission at its next regularly-scheduled meeting.
(D) Public hearing. The Planning Commission may hold a public hearing on any application after adequate notice if it is deemed in the public interest. The Planning Commission shall take action on the application by the second meeting of the Planning Commission after the application filing date.
(Prior Code, § 35.04) (Ord. 2-92, passed - -1992; Ord. 06-2016, passed 3-16-2016)
§ 157.519 PLANNING COMMISSION ACTION.
(A) Approval. A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably-anticipated detrimental effects of the use pursuant to the standards set forth in § 157.520. Any such conditions shall be included in a written document authorizing the conditional use permit.
(B) Denial. A proposed conditional use may be denied only if substantial evidence demonstrates:
(1) The use is not a conditional use in the zone where the use is proposed to be located;
(2) The use does not comply with the regulations and conditions specified in this subchapter for such use; or
(3) The anticipated detrimental effects of the use cannot be substantially mitigated by imposing reasonable conditions.
(C) Detrimental effects analysis. In analyzing the potential detrimental effects of a proposed conditional use, the Planning Commission may consider any of the factors in § 157.520 that may apply and whether the use should be approved as proposed by the applicant, approved with conditions, or denied. The Planning Commission may require an applicant to provide reasonably-available information that the Planning Commission considers necessary to address such factors.
(Prior Code, § 35.05) (Ord. 2-92, passed - -1992; Ord. 06-2016, passed 3-16-2016)
§ 157.520 CONDITIONAL USE STANDARDS.
This section sets forth standards for determining whether a conditional use will have any detrimental effect and should be approved as proposed, approved with conditions, or denied. Because some standards may, or may not, relate to a particular conditional use, the Planning Commission shall determine which standards will be considered in analyzing the possible detrimental effects that may result from a proposed conditional use.
(A) General plan. The proposed use conforms to policies of the city’s general plan.
(B) Site design. The use is well-suited to the character of the site and adjacent uses as shown by an analysis of the intensity, size, and scale of the use compared to existing uses in the surrounding area.
(C) Access. Access to the site avoids traffic and pedestrian conflicts and does not unreasonably impact the service level of any adjacent street.
(D) Circulation. On-site vehicle circulation and truck loading areas mitigate adverse impacts on adjacent property.
(E) Parking. The location and design of off-street parking complies with standards of this subchapter.
(F) Refuse collection. The locations and design of the refuse collection areas are not likely to create an adverse impact on the occupants of adjoining property.
(G) Utility services. Utility capacity supports the use at normal service levels.
(H) Screening. The use is appropriately screened, buffered, or separated from adjoining dissimilar uses to mitigate potential use conflicts. Fencing, screening, and landscape treatments and other features increase the attractiveness of the site and protect adjoining property owners from noise and visual impacts.
(I) Operating hours. The hours of operation of the use and delivery of goods are not likely to adversely affect surrounding uses.
(J) Signs. Sign size, location, and lighting are compatible with, and do not adversely affect, surrounding uses.
(K) Public services. Public facilities such as streets, water, sewer, storm drainage, public safety, and fire protection are adequate to serve the use.
(L) Environmental impact. The use does not significantly adversely affect the quality of surrounding air and water, encroach into a waterway or drainage area, or introduce any hazard to the premises or any adjacent property.
(M) Nuisance. Operation of the use is unlikely to create any nuisance from noise, vibration, smoke, dust, dirt, odor, noxious matter, heat, glare, electromagnetic disturbance, or radiation.
(Prior Code, § 35.06) (Ord. 2-92, passed - -1992; Ord. 06-2016, passed 3-16-2016)
§ 157.521 NOTICE OF DECISION.
Within ten days after the Planning Commission makes a final decision to approve or deny a conditional use permit, the Building Official shall send written notice thereof to the applicant, including any conditions of approval. If a conditional use is approved, such notice shall be recorded against the property by the City Recorder.
(Prior Code, § 35.07) (Ord. 2-92, passed - -1992; Ord. 06-2016, passed 3-16-2016)
§ 157.522 APPEAL OF DECISION.
Any person adversely affected by a final decision of the Planning Commission regarding a conditional use permit may appeal such decision to the Hearing Appeals Officer as provided in city ordinances.
(Prior Code, § 35.08) (Ord. 2-92, passed - -1992; Ord. 06-2016, passed 3-16-2016)
§ 157.523 EFFECT OF APPROVAL.
A conditional use permit shall not relieve an applicant from obtaining any other authorization, permit, or license required under this subchapter or any other chapter of this code.
(Prior Code, § 35.09) (Ord. 2-92, passed - -1992; Ord. 06-2016, passed 3-16-2016)
§ 157.524 AMENDMENT.
A conditional use permit may be amended subject to the original approval procedure in this subchapter.
(Prior Code, § 35.10) (Ord. 2-92, passed - -1992; Ord. 06-2016, passed 3-16-2016)
§ 157.525 TRANSFER OF PERMIT.
A conditional use permit may be transferred if the use conducted conforms to the permit.
(Prior Code, § 35.11) (Ord. 2-92, passed - -1992; Ord. 06-2016, passed 3-16-2016)
§ 157.526 ENFORCEMENT OF PERMIT REQUIREMENTS.
The Building Official shall ensure development under a conditional use permit is undertaken and completed in compliance with the permit, and any conditions pertaining thereto.
(Prior Code, § 35.12) (Ord. 2-92, passed - -1992; Ord. 06-2016, passed 3-16-2016)
§ 157.527 PERIODIC REVIEW.
The Planning Commission may periodically review whether a conditional use is being conducted in compliance with applicable requirements.
(Prior Code, § 35.13) (Ord. 2-92, passed - -1992; Ord. 06-2016, passed 3-16-2016)
§ 157.528 REVOCATION.
(A) Grounds. Any of the following shall be grounds for revocation of a conditional use permit:
(1) The holder or user of a permit has failed to comply with the conditions of approval or any city, state, or federal law governing the conduct of the use;
(2) The holder or user of a permit has failed to construct or maintain the site as required by an approved site plan;
(3) The operation of the use or the character of the site has been found to be a nuisance or a public nuisance by a court of competent jurisdiction in any civil or criminal proceeding; and/or
(4) The conditional use was obtained through a misrepresentation or fraud.
(B) Appearance by permit holder or user. No conditional use permit shall be revoked against the wishes of the holder or user of the permit without first giving such person an opportunity to appear before the Planning Commission and show cause why the permit should not be revoked. Revocation of a conditional use permit shall not limit the city’s ability to initiate or complete other legal proceedings against the holder or user of the permit.
(Prior Code, § 35.14) (Ord. 2-92, passed - -1992; Ord. 06-2016, passed 3-16-2016) Penalty, see § 157.999
§ 157.529 EXPIRATION.
(A) Substantial action. A conditional use permit shall expire one year after issuance unless substantial action, as determined by the Planning Commission, is taken to implement the permit. Upon request by the holder or user of a permit, filed with the Building Official prior to the expiration date, the Planning Commission may grant a maximum extension of six months.
(B) Cessation of use. Once substantial action has been taken under a conditional use permit, the permit shall expire if the use for which the permit was granted has ceased for one year or more. The permit holder shall be given written notice that the permit has expired.
(Prior Code, § 35.15) (Ord. 2-92, passed - -1992; Ord. 06-2016, passed 3-16-2016)