Subtitle 4 – Conditional Uses

This Code is based on the division of the City into districts, in which the uses of land and structures and the bulk and location of structures in relation to the land are substantially uniform. Certain uses exist, however, that, because of their unique characteristics, cannot properly be classified in any particular district without consideration, in each case, of the impact of those uses on neighboring land and of the public need for the particular use at the particular location. These uses, referred to as conditional uses, may only be approved as specified in this subtitle.

In certain districts, bulk standards are allowed additional intensity by conditional use approval. The conditional use in these situations is interpreted as allowing the use within the structure to be more intense than would be allowed under permitted district standards.

In certain districts some sign types are allowed by conditional approval. The conditional approval in this situation is interpreted as allowing the sign type within a lot to be more intense that would otherwise be allowed in that district because of possible broader impact to the surrounding area.

This section applies to applications for conditional uses that require approval by the Board of Municipal and Zoning Appeals.

Once the Executive Director of the Board of Municipal and Zoning Appeals determines that an application for conditional-use approval by the Board of Municipal and Zoning Appeals is complete, the Executive Director of the Board of Municipal and Zoning Appeals must forward the application to the Board for its consideration and action on the application.

The Executive Director of the Board of Municipal and Zoning Appeals must also refer the completed application to the following, for their submission within 15 days of the referral, of written reports and recommendations to the Board:

The Board of Municipal and Zoning Appeals or the City Council, as the case may be, must evaluate the request for a conditional use, based on the evidence presented at the public hearing, in accordance with the standards in <cite data-path="|32|§5-406">§ 5-406 {“Approval standards”} of this subtitle</cite>.

Failure to comply with any condition, restriction, or limitation imposed under this subtitle:

As a guide to its decision on the facts of each case, the Board of Municipal and Zoning Appeals or the City Council must consider the following, where appropriate:

The Board of Municipal and Zoning Appeals or the City Council, may not approve a conditional use or sign unless, after public notice and hearing and on consideration of the standards required by this subtitle, the Board or Council finds that:

A conditional use and a conditional sign approval lapses and becomes void in 2 years from the date of its final order granting same unless, within that period:

The Board of Municipal and Zoning Appeals may grant an extension of this period on written application and for good cause shown, without notice or hearing.

If any conditional use is discontinued for a continuous period of 2 years or more, the conditional use approval automatically lapses and is void. A new application and authorization is required before the conditional use may be re-established.

If a conditional sign is removed in its entirety from the building or structure for which it was approved for a continuous period of 1 year or more, the conditional approval automatically lapses and is void. A new application is required before the conditional approval may be re-established.

Whenever the Zoning Administrator learns of a violation of a condition, restriction, or limitation imposed under this subtitle, the Zoning Administrator must attempt to resolve the violation informally and promptly.

The notice must:

All notices must be served by 1 of the methods specified in § 19-207 {“Violation notice: Service”} of this Code.

Neither the Zoning Administrator nor the Executive Director of the Board of Municipal and Zoning Appeals may process any application for a conditional use or sign if the subject property has any outstanding notices of violation, fines, or fees that are either unresolved or unpaid.

The Zoning Administrator or the Executive Director of the Board of Municipal and Zoning Appeals may process the application for a conditional use or, sign if the conditional use or sign applied for is required to resolve an outstanding notice of violation, fine, or fee that is either unresolved or unpaid.