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MapLink™ | Procedures | Conditional Use

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Conditional Use
Conditional Use Permits.

A. Purpose.
 The purpose of the Conditional Use Permit is to allow for review of uses which would not be appropriate generally without certain restrictions throughout a zoning district, but which if controlled as to number, area, location or relation to the neighborhood would promote the health, safety and welfare of the community. Such uses include colleges and universities, institutions, community facilities, zoos, cemeteries, country clubs, show grounds, drive-in theaters and other land uses as specifically provided for in this ordinance. To provide for the proper handling and location of such conditional uses, provision is made for amending this ordinance to grant a permit for a conditional use in a specific location. This procedure for approval of a Conditional Use permit includes public hearings before the Planning and Zoning Commission and the City Council. The amending ordinance may provide for certain restrictions and standards for operation. The indication that it is possible to grant a Conditional Use Permit as noted elsewhere in this ordinance does not constitute a grant of privilege for such use, nor is there any obligation to approve a Conditional Use Permit unless it is the finding of the Planning and Zoning Commission and City Council that such a conditional use is compatible with adjacent property use and consistent with the character of the neighborhood.

B. Permit Required.
No conditional use shall be erected, used, altered, occupied nor shall any person convert any land, building or structure to such a use unless a Conditional Use Permit has been issued by the City Council. The granting of a Conditional Use Permit shall be done with notice and public hearings in accordance with the provisions for amendment of this zoning ordinance.

C. Application Procedure.
An application for a conditional permit shall be filed with the administrative official on a form prepared by the City. The application shall be accompanied by the following:
1. A completed application form signed by the property owner;
2. An application fee as established by the City’s latest adopted schedule of fees;
3. A certificate stating that all city and school taxes have been paid to date;
4. A property description of the area where the Conditional Use Permit is proposed to apply;
5. A site plan complying with the requirements stated in this Section which will become a part of the Conditional Use Permit, if approved; and
6. Any other material and/or information as may be required by the Planning and Zoning Commission, the City Council or the administrative official to fulfill the purpose of this subsection and to ensure that the application is in compliance with the ordinances of the City.

D. Site Plan Information. A site plan shall contain, at a minimum the information required by § 3.3: Site Plan.

E. Additional Information.
The following additional information may also be required if deemed appropriate by the Administrative Official, the Planning and Zoning Commission, or City Council.
1. Copies of studies or analyses showing the need or demand for the proposed facility.
2. Description of the present use, assessed value and actual value of the land affected by the proposed facility.
3. Description of the proposed use, anticipated assessed value and supporting documentation.
4. A description of any long-term plans or master plan for the future use or development of the property.
5. A description of the applicant’s ability to obtain needed easements to serve the proposed use.
6. A description of any special construction requirements that may be necessary for any construction or development on the subject property.
7. A traffic impact analysis and forecast prepared by a qualified professional.

F. Council Action.
The City Council may waive the requirement for submission of any of the information listed in subsection E above, upon a finding by the Council that the information submitted is sufficient to determine that the proposed building, use, structure, development or activity will not have a substantial negative impact on the surrounding area and that requiring information listed in Subsection E above would be unreasonably burdensome on the applicant.

G. Conditions of Permit Approval.
A Conditional Use Permit shall not be recommended for approval by the Planning and Zoning Commission unless the Commission finds that all of the following conditions have been found to exist:
1. The proposed use complies with all the requirements of the zoning district in which the property is located.
2. The proposed use as located and configured will contribute to or promote the general welfare and convenience of the City.
3. The benefits that the City gains from the proposed use outweigh the loss of or damage to any homes, businesses, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use.
4. Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided for the proposed use.
5. The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments.
6. The issuance of the Conditional Use Permit does not impede the normal and orderly development and improvement of neighboring vacant property.
7. The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood.
8. The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity.
9. Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight.
10. Sufficient on-site lighting shall be provided for adequate safety of patrons, employees and property, and such lighting shall be adequately shielded or directed so as not to disturb or adversely affect neighboring properties.
11. There shall be sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties.
12. The proposed operation is consistent with the applicant’s submitted plans, master plans, projections, or, where inconsistencies exist, the benefits to the community outweigh the costs.
13. The proposed use is in accordance with the City of Joshua Comprehensive Land Use Plan.

H. Additional Conditions. In authorizing a Conditional Use Permit, the Planning and Zoning Commission may recommend, and the City Council may impose, additional reasonable conditions necessary to protect the public interest and the welfare of the community.

I. Time Limit. A Conditional Use Permit issued under this division shall become null and void unless construction or use is substantially underway within one year of the granting of the permit, unless an extension of time is approved the City Council.

J. Revocation of Permit. 
A Conditional Use Permit may be revoked or modified, after notice and hearing, for either of the following reasons:
1. The permit was obtained or extended by fraud or deception.
2. One or more of the conditions imposed by the permit has not been met or has been violated.

K. Amendments to Conditional Use Permit.
The procedure for amending a Conditional Use Permit shall be the same as for a new application, provided the administrative official may approve minor variations from the original permit which do not change the permitted land uses, increase density, change traffic patterns, or result in an increase in external impacts on adjacent properties or neighborhoods.