Winner City Zoning Code
CONDITIONAL USES
§ 154.490 CONDITIONAL USE.
A CONDITIONAL USE is a use that would not be appropriate, generally or without restriction, throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, convenience, appearance, prosperity or general welfare. Such uses may be permitted in said zoning district as conditional uses, if specific provision for such conditional use is made in this chapter. The term conditional use shall be synonymous with special exception, but shall not include the term variance.
(Prior Code, § 16.26.01) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.491 APPLICATION FOR CONDITIONAL USE.
(A) All applications for conditional uses must be signed or approved in writing by the owner of record. In the event the owner of record has a binding purchase agreement contingent on the approval of a conditional use, the potential purchaser may submit and sign all documents required for application.
(B) (1) A written application for a conditional use shall be submitted indicating the section of this chapter under which the conditional use is submitted and stating the grounds on which it is requested. All applications shall be accompanied by a site plan.
(2) The site plan shall be drawn to scale and indicate the following:
(a) The actual dimensions, shape and property lines of the lot to be built upon including adjacent property and proximity to roads;
(b) A north arrow;
(c) The exact sizes and locations on the lot of buildings already existing, if any, and the location, dimensions and square footage of the proposed building(s) or alteration:
(d) Location and dimensions of all easements and rights-of-way;
(e) General utility, water and sewer plan with proximity and proposed connection to municipal utilities;
(f) Site drainage plan and development impact on culverts and the like; and
(g) Yard dimensions.
(C) Conditional use applications shall be submitted to the Zoning Administrator. The application shall not be accepted unless and until all documents required for application for said request have been satisfactorily completed and all required fees have been paid in full.
(Prior Code, § 16.26.02) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.492 PLANNING COMMISSION CONDITIONAL USE PROCESS.
The Planning Commission shall hear, in accordance with the provisions of this chapter, requests for conditional uses only when the following provisions are met:
(A) A written application for a conditional use per § 154.491 indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested is submitted to the Zoning Administrator;
(B) Notice of public hearing is given at least ten days in advance by publication in the legal newspaper of the municipality;
(C) Written notice of the public hearing is sent to the applicant and all owners of real property lying within 150 feet of the property on which the conditional use is pending. The notice shall be given to each owner of record by depositing such notice in the United States Post Office not less than ten days prior to the hearing date;
(D) A notification sign is posted on the property upon which action is pending at least seven days prior to the hearing date. Such signs shall be placed along the property’s street frontage so as to be visible from the street. If a property does not have a street frontage, then such signs shall be placed upon the closest available right-of-way and upon the property. Said signs shall be not less than 187 square inches in size. It shall be unlawful for any person to remove, mutilate, destroy or change such posted notice prior to such hearings;
(E) The public hearing shall be held. Any party may appear in person, or by agent or attorney;
(F) The Commission shall make a finding that it is empowered under the section of this chapter described in the application to recommend granting the conditional use, granting with conditions or denying the conditional use and that the granting of the conditional use will not adversely affect the public interest; and
(G) Before any conditional use recommendation, the Commission shall make written findings certifying compliance with the specific rules governing individual conditional uses and that satisfactory provision and arrangement has been made concerning the following, where applicable:
(1) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
(2) Off-street parking and loading areas where required; with particular attention to the items in division (G)(1) above and the economic, noise, glare, odor or other effects of the conditional use on adjoining properties and properties generally in the district;
(3) Refuse and service areas, with particular reference to divisions (G)(1) and (G)(2) above;
(4) Utilities, with reference to locations, availability and compatibility;
(5) Screening and buffering with reference to type, dimensions and character;
(6) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district;
(7) Required yards and other open spaces; and
(8) General compatibility with adjacent properties and other property in the district.
(H) The recommendation should be in the form of a motion clearly stating the Commission’s recommended action. The Commission shall forward its recommendation to the City Council, who will set the Board of Adjustment meeting at which the application is being considered.
(Prior Code, § 16.26.03) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.493 BOARD OF ADJUSTMENT CONDITIONAL USE PROCESS.
(A) The Board of Adjustment shall have the power to hear and decide, in accordance with the provisions of this chapter, requests for conditional uses or for decisions upon other special questions upon which the Board of Adjustment is authorized by this chapter to pass; to decide such questions as are involved in determining whether conditional uses should be granted; and to grant conditional uses with such conditions and safeguards as are appropriate under this chapter, or to deny conditional uses when not in harmony with the purpose and intent of this chapter.
(B) A conditional use shall not be granted by the Board unless and until:
(1) A written application, pursuant to § 154.491 for a conditional use is submitted, indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested;
(3) Notice of public hearing shall be given at least ten days in advance by publication in a legal newspaper of the municipality;
(4) Written notice of the public hearing shall be sent to the applicant and all owners of real property lying within 150 feet of the property on which the conditional use is pending. The notice shall be given to each owner of record by depositing such notice in the United States Post Office not less than ten days prior to the hearing date;
(5) A notification sign shall be posted on the property upon which action is pending at least seven days prior to the hearing date. Such signs shall be placed along all along the property’s street frontage so as to be visible from the street. If a property does not have a street frontage, then such signs shall be placed upon the closest available right-of-way and upon the property. Said signs shall be not less than 187 square inches in size. It shall be unlawful for any person to remove, mutilate, destroy or change such posted notice prior to such hearings;
(6) The public hearing shall be held. Any party may appear in person, or by agent or attorney;
(7) The Board of Adjustment shall make a finding that it is empowered under the section of this chapter described in the application to grant the conditional use, grant with conditions or deny the conditional use, and that the granting of the conditional use will not adversely affect the public interest; and
(8) Before any conditional use is granted, the Board of Adjustment shall make written findings certifying compliance with the specific rules governing individual conditional uses and that satisfactory provision and arrangement has been made concerning the following, where applicable:
(a) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
(b) Off-street parking and loading areas where required; with particular attention to the items in division (B)(8)(a) above and the economic, noise, glare, odor or other effects of the conditional use on adjoining properties and properties generally in the district;
(c) Refuse and service areas, with particular reference to divisions (B)(8)(a) and (B)(8)(b) above;
(d) Utilities, with reference to locations, availability and compatibility;
(e) Screening and buffering with reference to type, dimensions and character;
(f) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district;
(g) Required yards and other open spaces; and
(h) General compatibility with adjacent properties and other property in the district.
(Prior Code, § 16.26.04) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.494 TERMINATION, REVOCATION AND REAPPLICATION.
(A) Unless a different termination date is prescribed, the conditional use shall terminate one year from the date of approval, unless actual construction, alteration or commencement of activities has begun under valid permits within such period, or is not pursued diligently to completion. However, such period of time may be extended upon written request filed with the Zoning Administrator at any time before the period has expired, for a period not exceeding one additional year.
(B) In the event of a violation of any of the provisions of this chapter, the Board of Adjustment may, after notice and hearing, revoke any conditional use. Any revocation hearing shall comply with the procedures prescribed in § 154.525 of this chapter.
(C) No reapplication for the same or a similar conditional use may be made within one year from the date of previous denial, unless such denial was made without prejudice.
(Prior Code, § 16.26.05) (Ord. 737, passed - -; Ord. 800, passed - -)