§ 8-7. Conditional use district rezonings.

(A)

There are circumstances in which a general zoning district designation allowing a use by right would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate for the property consistent with the objectives of this ordinance and the adopted land development plan. The review process established in this section provides for the accommodation of such uses by a reclassification of property into a conditional use district, subject to specific conditions which ensure compatibility of the use with the use and enjoyment of neighboring properties.

(B)

The conditional use district approval process is established to address those situations when a particular use may be acceptable but the general zoning district which would allow that use would not be acceptable. It allows the city council to approve a proposal for a specific use with reasonable conditions to assure the compatibility of the use with surrounding properties. Any use permitted under this process must also conform to the development regulations for the corresponding general zoning district. This is a voluntary procedure that is intended for firm development proposals. It is not intended or suited for securing early zoning for tentative proposals that may not be undertaken for some time. Uses that may be proposed and considered for a conditional use district shall be restricted to those uses permitted in the underlying general zoning district either by right or by conditional or special use permit. If the proposed use is one allowed by conditional use permit, it shall be reviewed and approved by the city council rather than the board of adjustment. Approval of a petition for conditional use district zoning shall result in (i) the zoning classification being changed to the requested conditional use district designation and (ii) the issuance of a special use permit for the approved use.

The conditional use district rezoning process essentially combines the map amendment and the special use permit review and approval processes. The conditional use district rezoning review and approval process shall include the following steps:

(1)

Review by the planning and zoning board and recommendation to the city council.

(2)

Public hearing by the city council using quasi-judicial hearing procedures as delineated in subsection 4-7.7.

(3)

Decision by the city council on the rezoning request.

(4)

If the rezoning request is approved, decision by the city council on the special use permit request.

(C)

No conditional use district shall be established until after the person proposing the district has submitted a petition for the reclassification of property and the city council has approved such petition in accordance with the procedures delineated in sections 8-2 through 8-4. A conditional use district zoning petition shall be signed by all of the owners of the property(ies) included in the petition. Every petition for the reclassification of property to a conditional use district shall be accompanied by a site plan containing the requisite information specified in appendix A and by an application for a special use permit. In the course of evaluating the proposed use, the city council may request additional information deemed appropriate to provide a complete analysis of the proposal.

(D)

The city council may approve the reclassification of property to a conditional use district only upon determining that the proposed use will meet all standards and requirements in these regulations that are applicable to the proposed use. In approving a petition for the reclassification of property to a conditional use district, the planning and zoning board may recommend and the city council may attach reasonable and appropriate conditions to approval of the petition. Specific conditions applicable to these districts may be proposed by the petitioner or the city or its agencies, but only those conditions mutually approved by the city and the petitioner may be incorporated into the zoning regulations or permit requirements. Conditions and site-specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to city ordinances and an officially adopted comprehensive or other plan and those that address the impacts reasonably expected to be generated by the development or use of the site. Such impacts may include but shall not be limited to the relationship of the proposed use to surrounding property, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the timing of development, street and right-of-way improvements, water and sewer improvements, stormwater drainage, the provision of open space, and other matters that the city council may find appropriate or that the petitioner may propose. Such conditions to approval of the petition may also include dedication of any rights-of-way or easements for streets, water, sewer, or other public utilities necessary to serve the proposed development.

(E)

If a petition is approved under this section, the district that is established, the approved petition, the approved special use permit, and all conditions which may have been attached to the approval are binding on the property as an amendment to this Ordinance and to the zoning map. All subsequent development and use of the property shall be in accordance with the standards for the approved conditional district, the approved petition, and all conditions attached to the approval. Only those uses and structures indicated in the approved petition and site plan shall be allowed on the subject property. Any development in the district shall comply with all provisions of and conditions to the approved petition and site plan. Any uses and structures on the subject property shall also comply with all standards and requirements for development in the underlying general zoning district.

(F)

Following the approval of the petition for a conditional use district, the subject property shall be identified on the zoning map by the appropriate district designation. A conditional use district shall be identified by the same designation as the underlying general zoning district followed by the letters "CU" [for example, GB-CU]. An accompanying special use permit shall be issued to the applicant upon approval of the petition.

(G)

Except as provided in subsection (H), changes to the approved petition or to the conditions attached to the approval shall be treated the same as amendments to this ordinance or to the zoning map and shall be processed in accordance with the procedures in this article.

(H)

Minor changes in the detail of the site plan which will not alter the basic relationship of the proposed development to surrounding properties or the standards and requirements of these regulations or to any conditions attached to the approval may be approved by the UDO administrator without going through the amendment process or a public hearing. The UDO administrator, at his discretion, may forward any application for changes in detail to the city council for its consideration as an amendment to this ordinance or the zoning map. The applicant may appeal the decision of the UDO administrator to the board of adjustment for review and decision as to whether an amendment to the approved district shall be required.

(I)

It is intended that property shall be reclassified to a conditional use district only in light of firm plans to develop the property. Therefore, if all applicable permits are not obtained within one year from the date of approval of the rezoning petition to a conditional use district or if any owner of the property rezoned challenges a condition applicable to the case, the UDO administrator shall either initiate a reclassification of the property in accordance with the procedures established in this article or shall forward a report to the city council recommending that the property be reclassified to the original zoning district or to another district.

(J)

After a certificate of occupancy has been issued for the development approved as a conditional use district, the UDO administrator shall periodically inspect the use and maintenance of the subject property to ensure continued compliance with this ordinance, the approved petition and site plan, and any conditions attached by the city council to approval of the petition.

(Ord. No. 1-2006, §§ 1, 14, 1-9-2006)