§ 89-54. Conditional use permit.

(a)

When does this process apply? This section applies to any use designated as a conditional use in the applicable zoning district (see section 89-21).

(b)

How do I start the process?

(1)

The applicant files an application for a conditional use permit with the administrator.

(2)

The applicant may file an application for a conditional use permit concurrent with an application for rezoning.

(c)

How do I know if my application is complete? See section 89-48.

(d)

What kind of public notice is required? The following notice is required for a conditional use permit hearing:

Type	When provided
Mail	• PZD will mail notice at least 10 days before the public hearing.
	• Notice is provided to all of the immediate adjacent property owners of record and the owners of the property immediately adjacent to that property per the latest tax assessor's tax rolls. Property directly across the public road from the reclassification site is treated as adjacent property.
Signs	• PZD will place signs at least 14 days before the scheduled Planning and Zoning Commission hearing.

 

(e)

How are decisions made?

(1)

The planning and zoning commission will publish a schedule of meeting dates for conditional use permits. Action will be taken on applications that are filed at least 40 days prior to the date of a scheduled hearing.

(2)

The planning and zoning commission report and recommendation.

a.

The planning and zoning commission shall conduct a public hearing on the proposed amendment after the required notice is provided.

b.

The planning and zoning commission shall submit a report with its recommendations relative to the conditional use permit and its reasons for making the recommendation. The report shall be filed with the council within 45 days after the date of the public hearing held to consider the conditional use permit.

(3)

Council action.

a.

If the planning and zoning commission fails to submit a timely report and recommendation, the council may take action on the conditional use permit without the report and recommendation. Otherwise, the council shall not take action on the application, and a conditional use permit shall be without effect, until the council receives the planning and zoning commission's final report and recommendation.

b.

After receiving the planning and zoning commission's recommendation (or after the time period for a report and recommendation expires), the council will grant, grant as modified, or deny the conditional use permit.

(f)

What are the standards for approval? Conditional uses shall comply with the following standards:

(1)

The proposed use is consistent with the Comprehensive Plan, and

(2)

The proposed use is consistent with all applicable requirements of this chapter, including —

a.

The applicable zoning regulations, and

b.

Any applicable development standards in article 3, and

c.

Any applicable supplemental use regulations in article 5, and

(3)

The proposed conditional use is compatible with the character of the neighborhood within the same zoning district in which it is located. The proposal, as submitted or modified, shall have no more adverse effects on health, safety or comfort of persons living or working in the neighborhood, or shall be no more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district. In making this determination, the planning and zoning commission will consider the location, type and height of buildings or structures, the type and extent of landscaping and screening on the site and whether the proposed use is consistent with any policy of the Comprehensive Plan that encourages mixed uses and/or densities.

(4)

Adequate utilities shall be provided as set forth in the utilities standards of this chapter.

(5)

Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads.

(6)

The proposed use shall not be noxious or offensive by reason of emissions, vibration, noise, odor, dust, smoke or gas.

(7)

The proposed use shall not injure the use and enjoyment of the property in the immediate vicinity for the purposes already permitted, or substantially diminish or impair the property values within the neighborhood.

(8)

The proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district.

(9)

The establishment, maintenance, or operation of the proposed use shall not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

(g)

After a decision is made, is there a limit on subsequent applications?

(1)

This subsection applies to a conditional use permit application that —

a.

Is finally acted upon by the planning and zoning commission or council, or

b.

Receives no action by the planning and zoning commission or council, within 90 days, or

c.

Is officially advertised for public hearing before the planning and zoning commission but is subsequently withdrawn.

(2)

If subsection (g)(1) applies, the planning and zoning commission will not consider another petition requesting or proposing the same use for the same property within a period of two calendar years. This two-year period begins on the date of the final legal action on the petition or the date of the expiration of the 90-day period in subsection (1)b. above, or the date of withdrawal of the officially advertised petition.

(h)

How is a decision appealed? Appeal of any council action shall be made to the 15th Judicial District Court for the Parish of Lafayette within 30 days of the date of the Council action.

(i)

What are my next steps? A conditional use permit does not authorize development. After a conditional use permit is approved, the applicant may file an application for a building permit or certificate of occupancy (see division 5).

(j)

How are records of the decision kept? The administrator and the applicant shall maintain copies of the conditional use permit approval, and all supporting documentation.

(k)

For how long is my conditional use permit valid? A conditional use permit runs with the land and shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the use permit application, unless conditioned otherwise.

(Ord. No. O-252-2016, § 4, 11-17-2016; Ord. No. O-112-2017, § 2(cc), (dd), 6-20-17)