§ 30-1045.2 — Required; effect

Sec. 30-1045.2. - Required; effect.

(a) Required for certain uses. A use indicated as permitted as a conditional use in Article IV of this chapter shall be authorized only upon approval of a conditional use permit by the City Council in accordance with this article. (b) Effect of conditional use listing. The listing of a use as being permitted in a particular district by conditional use permit does not constitute assurance or presumption that a conditional use permit for such use will be approved. Approval of a conditional use permit for a particular use at a specific location within a district is subject to evaluation by the City Council and a determination in each case based on the standards and conditions set forth in this article. (c) Relation to other permits. Building permits, certificates of use and occupancy and certificates of zoning compliance and related reviews and approvals required by this chapter are required for conditional uses in the same manner as for other uses. No building permit, certificate of use and occupancy or certificate of zoning compliance for a conditional use or for a building devoted to a conditional use shall be issued unless a conditional use permit has been approved. (d) Existing uses. A use lawfully existing at the effective date of the ordinance from which this division is derived which is specified as a conditional use in the district in which it is located and for which no conditional use permit has been approved shall not be considered a nonconforming use because of its classification as a conditional use, nor shall the lack of a conditional use permit be considered a nonconforming feature of such use, provided that: (1) No building permit, certificate of use and occupancy or certificate of zoning compliance involving expansion of such use or major reconstruction, enlargement or moving a building devoted to such use shall be issued, nor shall any material change in the program or operating characteristics of such use take place that would increase the intensity of the use, unless a conditional use permit is approved in accordance with this article; (2) Except as provided in Subsection (d)(3) of this section, whenever such use is discontinued for a period of two years or longer, whether or not equipment or fixtures are removed, the use shall not be reestablished unless a conditional use permit is approved in accordance with this division; and (3) When a building devoted to such use is damaged by fire, explosion, act of God or the public enemy to any extent, such building may be restored, repaired, reconstructed and used as before such damage without approval of a conditional use permit, provided that the floor area devoted to the use shall not be increased, and provided further that application for a building permit for the restoration, repair or reconstruction shall be submitted within two years of the date of damage.

(Code 1993, § 32-1045.2; Code 2004, § 114-1045.2; Code 2015, § 30-1045.2; Code 2020, § 30-1045.2; Ord. No. 2011-29-150, § 12, 9-12-2011)