Conditional Uses

CONDITIONAL USE PERMIT APPLICATION PROCESS:

Complete application for the appropriate conditional use permit (C.U.P.) and file with the Planning Department 21 days prior to a Planning and Zoning Commission (P. & Z.) meeting. The application must include the appropriate processing fee, a floor plan, an owner authorization and a property survey or a metes and bounds description for un-subdivided properties.

Planning staff notifies all property owners within 200 feet (600 feet for bars and nightclubs) of proposed conditional use permit 10 days prior to public hearing and advertises notice of proposed C.U.P. in newspaper 15 days prior to hearing.

Planning staff conducts field reviews and evaluates conditional use permit request with applicable city ordinance requirements.

The Planning and Zoning Commission conducts the public hearing for each new C.U.P. (whether it is for one year or for life of the use). The item is presented with staff’s recommendation and the neighborhood and applicant’s comments are recorded. The Planning and Zoning Commission will approve or disapprove the one-year C.U.P.s and makes recommendation to the City Commission on C.U.P.s for longer than one year, or the life of the use.  The permit is issued upon verification of compliance with all conditions and payment of all applicable fees.

City Commission conducts the second public hearing to consider P. & Z. recommendation and approves or disapproves the C.U.P. for life of the use or appeals on one year C.U.P.s.

GENERAL REQUIREMENTS:

1. No form of pollution shall emanate beyond the immediate property line of the permitted use;
2. Additional reasonable restrictions or conditions such as increased open space, loading and parking requirements, suitable landscaping, curbing, sidewalks or other similar improvements may be imposed in order to carry out the spirit of the Zoning Ordinance or mitigate adverse effects of the proposed use;
3. The property line shall be at least 200 feet from the nearest residence, church, school or publicly-owned property; or provide sufficient buffering of the building such that the business is not visible or audible from residential areas and does not disrupt the character of adjacent residential areas;
4. The proposed use shall not generate traffic onto residential streets or disrupt residential areas and shall be as close as possible to a major arterial;
5. The proposed use shall comply with the Off-Street Parking and Loading Ordinance and make provisions to prevent the use of street parking, especially in residential areas;
6. The proposed use shall prevent the unauthorized parking of its patrons on adjacent businesses or residences by providing fences, hedges, or reorientation of entrances and exits;
7. The proposed use shall provide sufficient lighting to eliminate dark areas, perimeter fencing and an orientation of the building to provide maximum visibility from a public street in order to discourage vandalism and criminal activities;
8. Provisions shall be made to prevent litter from blowing onto adjacent streets and residential areas; and
9. Other requirements may apply to specific conditional uses.

RENEWAL:

Applications for renewal of a permit must be made at least 20 days before expiration date. Most C.U.P. renewals can be processed by staff if certain requirements are met. If no written complaints are received within 10 days in response to the newspaper legal notice of the renewal, then the renewal does not require a public hearing before the P.& Z. Commission. Often a use grows in intensity or area. Any and all changes, expansions or decrease in floor or land area or any change from the approved site plan must be approved by the P.& Z. Commission.

VIOLATION:

Violation of a C.U.P. requirement may result in revocation of the permit if a remedy is not taken within a specified time period (10 to 30 days) as designated in written notice to the applicant by the City.

APPEAL:

Should the P.& Z. Commission disapprove the request or property owners comprising 20% of the land area within a 200-foot radius of the conditional use permit oppose the request, a favorable vote of 6 City Commissioners is required to approve the conditional use permit. The applicant or persons protesting a decision of the P.& Z. Commission may appeal to the Board of Commissions within 10 days after the decision of the P. & Z. Commission.

CANCELLATION:

The applicant may withdraw applications at any time, upon written request to the city.

Example of a conditional use permit for a portable food concession stand

FREQUENTLY ASKED QUESTIONS

WHAT IS A CONDITIONAL USE?

A conditional use is a land use listed as conditional within a district, such as nightclubs, day care facilities, home occupations, etc. Such uses are permitted on a discretionary and conditional basis in accordance with the conditional use process established in the Zoning Ordinance.

HOW IS A CONDITIONAL USE ALLOWED?

The proposed use must meet all the minimum standards established in the ordinance and must not be detrimental to the health, welfare and safety of the surrounding neighborhood or its occupants, nor be injurious to neighboring properties thence permit may be approved for the use.

WHAT IS THE APPROVAL PROCESS?

Generally, the C.U.P. process takes 45-60 days to complete. This process is intended to encourage broad public review and evaluation of the operation character, site development features and to ensure prevention of potentially unfavorable impacts. Before you do anything, make certain your request will not violate any applicable deed restriction.

IS THERE A TIME LIMIT TO A CONDITIONAL USE PERMIT?

The C.U.P. generally runs with the land, but in some instances it may be tied to the applicant. A C.U.P. must be exercised within six months from the date of issuance. C.U.P.s are valid for one year from date of issuance unless otherwise specified by the P.&Z. Commission. A permit for more than one year must be approved by the City Commission.