EUREKA SPRINGS PLANNING COMMISSION
APPLICATION FOR CONDITIONAL USE PERMIT (CUP)
Date ____________________
Name
of Applicant ________________________________________________________________
Address
_________________________________________________________________________
Phone
________________________ Owner
_____ Tenant _____ Contractor _____ Other _____
Name
of Property Owner if different than Applicant
______________________________________
Address
_________________________________________________________________________
Zoning
District of Property ____________ Existing use of
property__________________________
________________________________________________________________________________
What
is the proposed use?________________________________ Number of units _____________
Hours,
days of week, months of operation?
_____________________________________________
________________________________________________________________________________
At
the time of filing this application, the following exhibits must be provided to the
Planning Commission/City Clerk or designee:
_____ 1. The completed application along with
non-refundable $75.00 fee as set by Res. 484
_____2.
A scaled, surveyed site plan of the property showing buildings and off-street
parking spaces including property boundaries and legal description of the
property’s metes and bounds.
_____
3. A scaled plan showing existing land uses within 200 feet of the property.
(Photographs are helpful, but not required.)
_____4.
A list of names and current addresses of all owners within 200 feet of the
property. (This information is available from Carroll County Assessor’s Office
in Berryville.)
Exhibits
to be provided before or during the public hearing:
_____
1. Proof of publication of the public notice.
_____
2. One copy of notification letter sent to surrounding property owners.
_____
3. Return receipt cards as proof of notification of surrounding property owners
at least 10 days prior to public hearing.
I certify that I have read and understand Sections
14.08.08 Sections A-H of the Eureka Springs Municipal Code (attached) which
apply to the application for which I am seeking approval. I further certify
that all of the information furnished is correct to the best of my knowledge.
___________________________________ _______________________________
Signature
of owner if other than applicant
Applicant’s
signature
On ____________________________ the Planning
Commission scheduled a public hearing for ___________________________________________________________________________________.
===========================================================================
The Planning Commission of the City of Eureka
Springs met in ____ regular _____ special session on ______________________ to
review the above application for a conditional use permit (CUP).
The application was _____ approved _____ denied with _____ ayes, _____ nays and
_____ abstentions.
The application was approved with the following
conditions: __________________________
___________________________________________________________________________________
___________________________________________________________________________________
The application was denied for the following
reasons: ________________________________
____________________________________________________________________________________________________________________________________________________________________________
______________________________________ __________________________________
Planning
Commission Secretary
Planning Commission Chairman
Date _________________________
CITY OF EUREKA SPRINGS PLANNING COMMISSION
14.08.08 Conditional
use permits.
A.
When required;
approval. A conditional use permit is required for any use which is not
a use allowed by right in any zoning district of the city. Conditional use
permits will be issued only when authorized by the terms of this chapter.
Approval of a conditional use shall not be a matter of right but shall only be
granted when the proposed use is in harmony with the character of the zone
where it shall be located.
Once a conditional use is
approved, that use may continue so long as the owner abides by the requirements
of this subsection and any special conditions placed upon the use by the
planning commission. The conditional use is granted to the applicant for a
specific use at a specific property and is not transferable.
B.
All bed and breakfast and
tourist lodging establishments which commence operation or are modified by the
addition of units, alteration of the existing structures or the construction of
additional structures, after September 30, 1986 shall be required to apply for
conditional use in accordance with the procedures set forth in subsection
114-10(b).
C. Submission
requirements: Anyone requesting a conditional use permit shall submit
an application to the city providing the following:
1. The name, address and
telephone number of the record title holder of the property and the legal
description of the property, provided by a copy of the warranty deed;
2. The names, addresses and
telephone numbers of all intended grantees, if the property is subject to
contract sale or title is to be otherwise conveyed;
3. A layman's description of
the property;
4. The zoning classification
of the property;
5. Brief statement describing the intended use, and the affect the
proposed conditional use will have on the character of the neighborhood;
6. The names, current
addresses as provided by the Carroll County Tax Assessor and zoning districts
of adjacent property owners (all within 200 feet of the property in every direction)
including those across streets or alleys from the property in question;
7. A scaled surveyed drawing
of the property on which the use will be located, showing accurate lot lines,
zoning district, surrounding zoning, immediately adjacent property owners'
names, a north arrow, existing structures, trees, and any proposed
improvements;
8. Any other material or
information relevant to the application. The city may request such drawings and
other documents prior to the public hearing as may be helpful to the city's
review of the application;
9. Information submitted
must be signed by the record title owner of the property, or his or her agent
identified and designated in writing by the property owner.
10. Applications for
conditional use permits for a bed and breakfast shall state the number of
"lodging units" and parking spaces available.
D. Upon receipt of a
completed application for a conditional use and an application fee, the
planning commission shall schedule a public hearing on the proposed conditional
use at the next scheduled meeting of the planning commission.
The following procedures
shall apply:
1. There shall be a public
notice of the hearing published at least once in a newspaper of general
circulation in the city at least 15 days before the hearing, which notice sets
forth the time and place of such hearing and the conditional use proposed. Responsibility
and cost of the public notice shall be borne by the party making the proposal.
2. The applicant shall notify all adjacent property owners (within 200
feet of the property lines in every direction) by certified mail, return
receipt requested, at least ten days prior to the public hearing. All return
receipts and a copy of the letter with an affidavit of publication by the
publisher shall be furnished to the Planning Commission in care of the city
prior to the public hearing.
3. The applicant shall post
at least one, or more where deemed necessary for adequate notice, conspicuous
sign or signs on the property subject to a conditional use hearing at least
ten days prior to said hearing.
Signs for this purpose shall be provided by the city and shall note the
time and date of the public hearing. Each sign shall be no smaller than two
feet high by three feet wide and to contain the words CONDITIONAL USE HEARING
ON THIS PROPERTY, printed in bold block letters a minimum of three inches high
with a copy of the public notice concerning the conditional use application to
be placed on the sign in a clear, weatherproof enclosure.
4. There shall be no hearing
without the required public notice. Notice shall not be published before the Planning
Commission has scheduled the public hearing.
E. Action by the Planning Commission on conditional
use.
1. The Planning Commission
shall hear the petitioner's request for a conditional use at the public hearing
and shall consider the petitioner’s purposes for the conditional use request as
well as public comments.
The applicant must 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 Planning Commission for the matter to be considered.
Any decisions made by the designated agent shall be binding on the landowner.
2. The Planning Commission shall either grant or deny the conditional
use permit within a reasonable time of the final public hearing, imposing such
conditions, if any, deemed necessary and appropriate to protect the character
of the neighborhood. If approved, the conditional use is thereby granted unless
appealed to the City Council.
The following considerations shall be discussed in
relation to each proposed use:
Particular consideration
shall be given to the impact on adjacent property owners in residential and
quiet use zones:
a. Whether the proposed use
would be contrary to master, comprehensive or land use plans and would have an
adverse effect on the plans;
b. The existing land use
pattern in the neighborhood;
c. The population density
pattern and possible increase of overtaxing of the load on public facilities
such as schools and infrastructure;
d. Whether the proposed
change will adversely influence property values or living conditions in the
neighborhood;
e. Whether the proposed use
will create or excessively increase traffic congestion or otherwise affect
public safety;
f. Whether the proposed use
will create a drainage problem;
g. Whether the proposed use
will seriously reduce light and air to adjacent areas;
h. Whether the proposed use
will be a deterrent to the improvement or development of adjacent property in
accord with existing regulations;
i. Whether there are
substantial reasons why the property cannot be used in accord with existing
zoning without the conditional use being granted;
j. Whether the proposed use
is in harmony with the character of the neighborhood;
k. Whether other adequate
sites in the city exist for the proposed use in districts already permitting
such use;
l. Harm to any historic,
aesthetic, or other intrinsic value of the structure to house the use;
m. Adequacy of parking, and
whether providing parking for the use would damage existing scenic areas,
including front yards, gardens, and grounds;
n. Traffic congestion near
the proposed site; specific concerns as to ingress and egress, two-way traffic,
danger from curves or other terrain conditions; prevention of smooth flow of
visitors, customers, and motorists;
o. Adequacy of utilities
serving the site;
p. Adequacy of refuse and
service areas;
q. Screening and buffering
from adjacent properties;
r. Environmental impact of
the proposed use, including, but not limited to, odors, noise, smoke, or signs;
s. The temporal nature of
the enterprise, with allowances for temporary activities only in extreme cases
where effort is already underway to construct a permanent facility;
t. The opinions of adjacent
property owners.
3. Any person affected by a proposed
use may express approval or disapproval in writing or in person at the public
hearing. Any lack of response by surrounding property owners shall not be
interpreted as approval or disapproval.
4. Where a conditional
use application has been opposed in writing by more than 20 percent of the
adjacent property owners, a three-fourths vote of the Planning Commission full
membership shall be required for it to be approved. In no case can approval be
reached with less than four affirmative votes.
F. Conditional use appeal.
1. An applicant or adjacent
property owner wishing to appeal a decision of the planning commission
approving or denying a conditional use may appeal the decision to the city
council, so long as written notice of intent to appeal and a statement of the
reason the appeal should be granted is filed with the city within 15 days of
the Planning Commission decision.
The City Council shall
consider the Planning Commission's determination regarding a conditional use
appeal at the City Council's next regularly scheduled meeting.
The City Council, by majority vote, may uphold, modify in whole or
in part, or reverse the decision of the Planning Commission, or may return the
proposed conditional use to the planning commission for further study and
recommendation.
2. Where a conditional use
is under protest by more than 20 percent of the adjacent property owners, a
three-fourths vote of the full membership of the City Council shall be
required. A proposal is under protest if a written protest is signed by the
owners of at least 20 percent of the adjacent land, which includes land
separated from the subject property by only an alley or street. An appeal of
the Planning Commission decision will be to the City Council.
G. Revocation of conditional use permit. The city may revoke a
conditional use permit for violation of any condition of the permit.
In the event that the city learns of any such violation, it shall notify the applicant of the violation. The applicant may be heard at the meeting of the Planning Commission scheduled for consideration of the revocation and show cause as to why the permit should not be revoked. If the applicant fails to appear or fails to show good cause why the permit should not be revoked, the permit shall be revoked and the use shall cease and any continuation of the use shall be a violation of this Code.
H. Re-application. Once an application
for a conditional use permit for a property has been denied, such action cannot
be reconsidered for a period of 12 months after the original decision, except
that the Planning Commission by a three-fourths vote of the complete membership
may agree to schedule an earlier hearing in those cases where the applicant, in
writing, clearly demonstrates that:
1. Circumstances affecting the
property that is the subject of the application have substantially changed; or
2. New information is
available that could not with reasonable diligence have been presented at the
previous hearing.
(Ord. 1878)
An application has been filed by ___________________________ for a conditional use permit (CUP) for (use) ________________________________
at (street address or property location) ______________________________________________________________________________________________________.
A public hearing will be held at 6 p.m. (day and date)________________________
in the Western District Carroll County Courthouse, 44 S. Main St., by the Eureka Springs Planning Commission. Comments on the application will be heard or read aloud.
The applicant must pay for
this notice,
not the City of Eureka
Springs
Persons
publishing this notice are required to have an Affidavit/Proof of Publication
from the newspaper in time for the public hearing as part of the application
process.
SAMPLE
LETTER OF NOTIFICATION
TO: (Name) ______________________________
(Address) _____________________________
(City, State Zip Code) __________________
(Date) ____________________
Dear ________________________,
This letter is to inform you that _____________________________________ has purchased/owns the property at _____________________________________________ in Eureka Springs, Arkansas.
I/We have applied to the Planning Commission or Board of Zoning Adjustment for a (type of variance) ____________________________ variance at (street address or property location ) __________________________________________________________________.
If you wish to make comments in support or protest of this project, you may submit them in writing to: The Board of Zoning Adjustment, City Hall, 44 S. Main St., Eureka Springs, AR 72632 and/or attend the public hearing at 6 p.m. on ________________________________________________ in the Western District Carroll County Courthouse, 44 S. Main St., Eureka Springs, AR.
Sincerely,
(Your name)
____________________________________________________________________
Note: One copy of your letter of notification, the list of surrounding property owners and the return receipt cards must be presented to the Planning Commission or Board of Zoning Adjustment before or during the public hearing.