Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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Sec. 12. Conditional uses on appeal to planning commission.

The planning commission shall hear at a scheduled public hearing only such conditional use as is specifically authorized to pass on by the terms of article 4 of this chapter; shall decide such questions as are involved in determining whether such conditional uses shall be recommended for approval to the city council; and shall recommend approval, modify or deny conditional uses at its discretion with the conditions and safeguards as are appropriate under this ordinance. Approval of a conditional use shall not be granted as a matter of right, but shall be granted only in situations where said use is in harmony with the character of the neighborhood and zone in which it shall be located. Once a conditional use is approved that conditional use is personal to the applicant and is limited to the location to which it was approved and may only be changed to another conditional use through further action of the planning commission and the city council. Once a conditional use is approved that use may continue so long as it abides by the findings of this subsection and any special conditions placed upon the use by the planning commission and the city council.

If a complaint is filed with the planning commission by an adjoining property owner or city employee concerning an alleged violation of a conditional use, the planning commission shall notify the property owner of the complaint and schedule a public hearing. If after the public hearing the planning commission finds a violation to exist and that violation is not corrected within thirty (30) days, the planning commission may vote to discontinue the conditional use. The property owner shall be notified of the action of the planning commission and shall have fifteen (15) days from the date of the notice to discontinue the use or file and appeal with the city council. The filing of an appeal stays all proceeding and the city council shall make the final determination.

A conditional use may be changed to a use by right in the zoning district upon approval by the planning commission and the city council. The conditional use application shall indicate that the applicant is requesting that the conditional use be made a use by right on the subject property and the planning commission shall recommend approval, modify or deny the use by right at its discretion with the conditions and safeguards as are appropriate under this section.

Under no circumstances shall any action of the planning commission or city council be considered as the granting of a variance of any provision of any other protective code adopted by the city.

The following procedures shall be followed before a conditional use may be granted:

a. Written application. A written application for a conditional use shall be submitted to the planning director with a fee, as determined by resolution of the city council, to recover costs of public notices and other expenses, and shall contain the following information:

1. The name, address and phone number of the applicant.

2. The status of the applicant, profit or non-profit.

3. The name of the record title holder of the property, along with a copy of the warranty deed, and an indication, by the signing of the application for conditional use, that the title holder is aware of the conditional use being sought.

4. Legal description and street address of the property involved.

5. The specific use unit (pursuant to Article 5) for which the conditional use is sought on appeal.

6. A description of the conditional use sought and the reasons why it should be approved.

7. The effect the proposed conditional use will have on the character of the neighborhood and its residents.

8. The zoning classification of the property.

9. The names and addresses of all adjacent property owners of the property subject to the conditional use permit.

10. Evidence in the form of a signed affidavit, that notice has been given to all adjacent property owners of the project subject to the conditional use after the application has been accepted and placed on the planning commission agenda. The applicant shall be responsible for providing such notice by certified mail, return receipt requested, to the last known address of such record owner(s) as certified by a licensed abstractor or a licensed land surveyor within the past sixty (60) days.

11. The required affidavit and supporting exhibits (mailing receipts, list of property owners of record and copy of notice) shall be filed with the planning office no later than seven (7) days prior to the meeting.

12. A site plan must be attached in conformance with Article 2, section 13.

b. Notice and public hearings. An application for conditional use approval shall be noted on the published agenda of the next regularly scheduled planning commission meeting, at which time a public hearing shall be held by the planning commission on the proposed conditional use, after:

1. A notice has been published in a newspaper of general circulation in the city at least one time fifteen (15) days prior to the public hearing, which notice sets forth the time and place of such hearing and the conditional use proposed.

2. The adjacent property owners subject to the conditional use request have been notified by certified mail, return receipt requested, at least ten (10) days prior to said hearing by the applicant and an affidavit and supporting exhibits are filed with the planning office not later than seven (7) days prior to the hearing.

3. The city has posted at least one (1) conspicuous sign on the project subject to a conditional use hearing, at least ten (10) days before the hearing. Each sign shall be no smaller than two (2) feet wide by three (3) feet long and shall contain the words: CONDITIONAL USE HEARING ON THIS PROPERTY, printed in bold block letters a minimum of three (3) inches high. A copy of the public notice concerning the re-zoning petition shall be placed on the sign in a clear, weatherproof enclosure.

4. The applicant shall be present at the meeting for the matter to be considered. If the applicant is unable to attend, written authorization from the applicant authorizing representation must be presented to the commission for the matter to be considered. Any decisions made by the designated agent shall be binding on the landowner.

c. Development standards and review guidelines. In carrying out the purposes 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 for each specific conditional use location.

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 mentioned above and the economic, noise, glare, or odor effects of the conditional use on adjoining properties and properties generally in the district.

3. Refuse and service areas, with particular reference to the item in 1 and 2.

4. Utilities, with reference to locations, availability and compatibility.

5. Screening and buffering with reference to type, dimension and character.

6. Sign, if any, and proposed exterior lighting with reference to glare, traffic, safety, economic effect, and compatibility and harmony with properties in the district.

7. Yard requirements and other open space requirements.

8. The size and shape of the site, including the size, shape and arrangement of proposed structures in keeping with the intent of this chapter.

9. Proposed landscaping meeting the requirements of this chapter. Landscaping may be increased in accordance with the judgment of the planning commission to accomplish the desired protective and aesthetic effect.

10. General compatibility with adjacent properties and other property in the general district.

d. Planning commission recommendations. 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 may then take one of the following actions: approve the conditional use permit as submitted; approve the conditional use with modifications; or deny the conditional use. The planning commission 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 insure compatibility with the surrounding property to better carry out the general intent of this regulation.

e. [City council action.] If the planning commission approves the conditional use as submitted, or approves the conditional use with modifications, the conditional use will be referred to the city council for consideration. The city council, by majority vote, may take one of the following actions: approve the conditional use as submitted by the planning commission; approve the conditional use with modifications; deny the conditional use; or, return the proposed conditional use to the planning commission for further study and recommendation. If action is not taken by the city council within sixty (60) days of the planning commission's submission of the proposed conditional use to the city council, then the applicant shall be required to re-petition for the conditional use.

f. Appeal. Any person who is aggrieved by the decision of the planning commission to deny a conditional use application shall have the right to appeal to the city council by submitting a written request to the city clerk within fifteen (15) days, along with an affidavit stating that adjacent property owners have been notified of the appeal to the city council. The appeal will be placed on the city council agenda no later than the second meeting following the filing of the appeal.

g. Re-petitions. No petitions for a specific conditional use which was denied shall be reconsidered by the planning commission within twelve (12) months from the date of final disapproval thereof, unless there is written evidence submitted to the planning commission which justifies reconsideration.

h. Conditions binding. No conditional use which has been approved shall begin operation until all requirements imposed by the planning commission and city council have been met and a certificate of occupancy has been issued. 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 sixty (60) days. No conditional use authorized by the planning commission or city council shall be subsequently submitted to the board of adjustment for a variance. 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.

(Ord. No. 3307, 3-25-03; Ord. No. 4019, § 1, 1-23-07)

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