Conditional Use Permit Application

Conditional Use: Uses permitted in zones where they are specifically listed as conditional uses and are subject to special conditions as determined by the Planning Commission. The words “permitted by conditional use” means permitted subject to the requirements for a conditional use pursuant to Conditional Use Review of this Regulation.

14.04.07 Conditional use review. site plan review and accessory use permit
Certain specified uses of land and buildings are declared to be “Conditional Uses” in the various zoning districts. These conditional uses, prior to establishment, require a Public Hearing and Site Plan Review. In addition, there are uses of land and buildings which are permitted by right in the various zoning districts and are therefore not conditional but which do, also, require a Site Plan Review.

General Purpose
The purpose of this section is to set forth procedures for processing conditional uses and to establish standards by which conditional uses can be evaluated. Section No. 14.04.07 reviews the requirements of the Site Plan Review process. The Planning Commission shall hear and recommend, in accordance with provisions of this Regulation, each individual request for conditional use permits. Only those uses which are specifically listed as “conditional uses” in the respective zoning classifications may be requested for conditional use authorization. After detailed review of its compatibility with the area and the specific treatment of screening, landscaping, and other amenities provided to protect the integrity of the neighborhood, the Planning Commission shall forward its recommendation to the City Council for final action.

Application Procedure
Application for conditional use approval shall be made by the property owner or authorized agent for the owner. Said application may accompany a rezoning request or may be applied for by itself as long as the use is recognized as a conditional use in the existing zoning classification. The application shall be submitted to the City Clerk who will collect the filing fee and process all applicable surveys, site plans and other supporting information pertinent to this review process. The application shall precede the next scheduled Planning Commission meeting by at least seven (7) days.

Submission Requirements
The submission requirements (except the letters to abutting property owners) for a conditional use shall be the same as for the rezoning of any lot, parcel or tract of land, in that a public hearing is required. Each application shall include a Site Plan that includes those items listed in Section 14.04.17

Conditional Use Review Process
The Planning Commission shall review each individual conditional use for approval, approval with modifications, deferral or denial and then shall submit recommendation to the City Council.

Planning Commission and City Council
A. The Planning Commission shall review conditional use applications at a scheduled public hearing, at which time interested persons may appear and offer information in support of or against the proposed conditional use. The Planning Commission shall then make one of the following recommendations to the City Council: approve the conditional use as submitted; approve the conditional use with modifications; defer the conditional use; or deny the conditional use.

B. The Planning Commission and City Council may impose conditions and restrictions upon the premises benefited by a conditional use permit as may be necessary to reduce or minimize the injurious effects of the conditional use. The conditional use must ensure compatibility with the surrounding property to better carry out the general intent of this Regulation.

C. In no case shall the Planning Commission or City Council authorize reduction from minimum requirements of the Regulation relating to area, parking, landscaping, or screening.

Development Standards and Review Guidelines
In carrying out the purpose of this section, the following development standards and design specifications shall be applicable to the conditional use review and approval. The appropriateness of these standards shall be determined at the discretion of the Planning Commission and City Council for each specific conditional use location.

A. The proposed use is so designated, located and proposed to be operated that the public health, safety and welfare will be protected.

B. The proposed land use is compatible with and will not adversely affect other property in the area where it is proposed to be located.

C. The proposed use is within the provision of “conditional uses” as set out in this Regulation.

D. The proposed use conforms to all applicable provisions of this Regulation for the district in which it is to be located, and the use facilities public convenience at that location.

E. The size and shape of the site, including the size, shape and arrangement of proposed structures is in keeping with the intent of this Regulation.

F. The internal street system, ingress and egress, proposed off-street parking, loading and pedestrian ways are adequate and in compliance with city policy and regulation.

G. Safeguards proposed to limit noxious or offensive emissions, including lighting, noise, glare, dust and odor are addressed.

Conditions Binding
Once any portion of the conditional use authorization is utilized, all such conditions pertaining to such authorization shall become immediately operative. The violation of any condition so imposed shall constitute grounds for revocation of the conditional use authorization. Such conditions may include time limits for exercise of the conditional use authorization; otherwise, any exercise, of such authorization must commence within 60 days. No conditional use authorized by the Planning Commission shall be subsequently submitted to the Mayflower City Council for variances. Amendments or changes to a conditional use authorization must follow the same process as the original conditional use, no building permit shall be issued except in conformance with the provisions of this section.

Right of Appeal
Any petitioner who is aggrieved by the decision of the City Council shall have the right to appeal to a court of record.

11.04.17 Fees.
All fees associated with building, construction, and land development issues shall be set by the City Council and shall be modified or amended, from time to time, without necessity of an ordinance, as the City Council may deem it necessary.

General Purpose and Review Guidelines

The purpose of this section is to set forth a procedure for processing site plans and to establish standards for development within those districts which require regulation by this Section. Site Plan Review is a development review process that provides for case-by-case consideration of project particulars including the provision of parking and landscaping, drainage, siting of buildings, and the compatibility of the proposed development with adjacent uses. All development shall be designed in such a way as to minimize any potential deleterious impact on the surrounding area. Special attention shall be given to buffering multi-family, commercial and industrial developments from adjacent single-family areas. Design of the internal street system, ingress and egress, off-street parking, loading and pedestrian ways shall be sensitive to such conditions as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, and the proper relationship of different land uses. Landscaped areas shall be provided to reduce erosion, heat and glare, and said areas shall be maintained in an attractive condition. Existing trees on a development site shall be retained where possible. Screening, open space or other buffer may be required to give adequate separation between uses which are not compatible and shall also be provided for the beautification and enhancement of the property.

Site Plan Submission

The submission requirements for the review of a site plan preceding the receipt of the building permit shall include the following:

1. A site plan to be submitted on white paper no larger than twenty-four (24) inches by thirty-six (36) inches, and no smaller than eight and one-half (8.5) inches by eleven (11) inches, and including:
   • a. Graphic scale and magnetic North direction
   • b. Proposed lot lines, if applicable
   • c. Existing and proposed vehicular and pedestrian circulation systems including streets, alleys, walkways, service areas and loading street parking areas and all points of vehicular ingress and egress.
   • d. Proposed perimeter of the property, indicating screening materials to be used including fences, walls, and plant materials.
   • e. Schematic landscape plan showing proposed treatment of any areas designated as private common open space.
   • f. Location and dimension of all existing and proposed utility drainage, and street easements and all existing public improvements within the site.
   • g. Proposed location of structures and structural dimensions, dimension of distances between buildings, and distances from structures to property lines.
   • h. Engineering drawings with pertinent location, dimensions and capacity of surface drainage in conformance with at least the minimum requirements of the city’s Subdivision Regulation Ordinance.
   • i. Statement of proposed use of land and structures.
2. A topographical cross section map of the site and the location of the 100 year flood elevation if involved on the parcel of land.
3. Quantitative data including the following information:
   a. Parcel size.
   b. Proposed building coverage of principal and accessory buildings.
   c. Proposed floor area of principal and accessory buildings.
   d. Proposed number of parking spaces.
4. A registered land survey showing the exact property or boundary lines, including a legal description of the total site(s) proposed for development, including a statement of present ownership.

Site Plan Disapproval

A finding by the Planning Commission of lack of compliance with the following standards may result in disapproval.

A. The proposed site plan is incomplete or contains or reveals violations of this Regulation or applicable zoning regulations which the applicant has, after written request, failed or refused to supply or correct.

B. The proposed site plan does not comply with the minimum height and bulk and area or density regulations applicable to the zoning classification for which the site plan has been requested.

C. The proposed site plan does not comply with the minimum screening and landscaping requirements of the city of Mayflower as determined by the Planning Commission or the City Council.

D. The proposed site plan interferes unnecessarily with easement, road-ways, utilities, and other public or private rights-of-way.

E. The proposed pedestrian and vehicular circulation systems incorporated in the site plan subsequently create hazards to safety on or off the site.

F. The proposed site plan does not conform to the minimum drainage requirements found in the Subdivision Regulation.

G. The proposed site plan violates the basic intent of this Regulation or does not comply with those conditions which were stipulated at the time of zoning designation.