The city plan and architectural review commission may authorize the zoning administrator to issue a zoning permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this title, are consistent with sound planning and zoning principles, and are found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community.

(Ord. No. 1914A, 2-18-2016)

Applications for zoning permits for conditional uses shall be made to the zoning administrator on forms furnished by the zoning administrator, and shall include the information required by Section 19.63.020.

(Ord. No. 1914A, 2-18-2016)

The city plan and architectural review commission shall hold a public hearing upon each conditional use application, giving Class 1 notice.

(Ord. No. 1914A, 2-18-2016)

Notice of the hearing shall be given to owners of record of properties abutting and within three hundred feet of the property that is involved in the application, and to other persons who are determined by the zoning administrator to be parties of interest. Unintentional failure to accomplish these notifications shall not invalidate the procedures.

(Ord. No. 1914A, 2-18-2016)

The plan commission shall use the following standards when reviewing applications for conditional use:

A.

That the establishment, maintenance, or operation of the conditional use will not create a nuisance for neighboring uses or substantially reduce the values of other property.

B.

That adequate utilities, access roads, parking drainage, landscaping and other necessary site improvements are being provided.

C.

That the conditional use conforms to all applicable regulations of the district in which it is located, unless otherwise specifically exempted in this chapter. Where a variance is required, the plan commission may condition its approval on the subsequent approval of the variance.

D.

That the conditional use conforms to the purpose and intent of the city comprehensive plan.

E.

The conditional use and structures are consistent with sound planning and zoning principles.

(Ord. No. 1914A, 2-18-2016)

A.

Conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, added restrictions, highway access restrictions, increased yards, or parking requirements, may be permitted by the plan and architectural review commission upon its finding that these are necessary to fulfill the purpose and intent of this title. Also, as a condition of the issuance of a temporary occupancy permit, the plan commission may require that the developer post a deposit for a completion of the site improvements which have been approved by the commission. The amount of the deposit shall be in accordance with the following schedule:

B.

The required deposit shall be released at the time all required site improvements have been completed and approved by the building inspector/zoning administrator. Fifty dollars shall be retained by the city as an additional fee for the issuance of the temporary occupancy permit prior to completion of the site improvements. If the site improvements are not completed by the time of the expiration of the temporary occupancy permit, and the occupancy permit has not been renewed or extended, the entire deposit shall be forfeited to the city. These provisions are in addition to all of the other enforcement provisions and remedies in the Whitewater Municipal Code.

(Ord. No. 1914A, 2-18-2016)

If an applicant does not commence construction within one year after city approval of a conditional use permit, or complete construction according to all specified plans and conditions within two years after city approval, the previously approved conditional use permit shall be considered null and void. Conditional uses may be subject to time limits or requirements for periodic reviews where such requirements relate to review standards.

(Ord. No. 1914A, 2-18-2016)

Compliance with all other provisions of this title, such as lot width and area, yards, height, parking, loading, traffic and highway access, shall be required, unless otherwise specifically exempted in this title, of all conditional uses. Variances shall only be granted as provided in Chapter 19.69.

(Ord. No. 1914A, 2-18-2016)

Following the public hearing and review of the conditional use application, the plan and architectural review commission shall approve, disapprove or further conditionally approve the application. A simple majority approval by the plan commission constitutes final approval of the conditional use.

(Ord. No. 1914A, 2-18-2016)

Records of all plan and architectural review commission actions approving conditional uses shall be maintained by the zoning administrator, and shall be referred to in regard to enforcement and modification of conditional use approvals.

(Ord. No. 1914A, 2-18-2016)

Decisions of the city plan and architectural review commission in its conditional use review function may be appealed to the board of zoning appeals if filed with the city clerk within thirty days of the date of decision. The appeal shall be governed by the procedures in Chapter 19.72 of this title.

Steps for Review of Conditional Uses

(Ord. No. 1914A, 2-18-2016)