Fillable Conditional Use Application PDF (City of Opelika)

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Conditional Use Application PDF (City of Opelika)

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AGENDA ITEM # ___________
APPLICATION FOR
CONDITIONAL USE APPROVAL
PLANNING DEPARTMENT
700 FOX TRAIL
OPELIKA, AL 36801
PC DEADLINE: ________ PC MEETING: ___________
Page 1 of 3
SITE ADDRESS: _________________________________________________________________
PROPERY OWNER: ______________________________________________________________
APPLICANT/ AUTHORIZED REPRESENTATIVE: _______________________________________
MAILING ADDRESS: ______________________________________________________________
PHONE NUMBER: _________________________ FAX NUMBER: ________________________
EMAIL ADDRESS: ________________________________________________________________
PARCEL INFORMATION
Project name: ________________________ Address/Location: ___________________________
Current Land Use: _________________________________ Current Zoning: _________________
Adjacent Zoning Districts: North: South: East: West:__________
Description of Proposed Use: ________________________________________________________
_________________________________________________________________________________
AUTHORIZATION TO ACT AS APPLICANT (if applicable)
I, , being owner of the property which is the subject of this
conditional use application hereby authorize , to act as my
representative before the City of Opelika’s Planning Commission, and if necessary, represent me before the
Board of Zoning Adjustments and City Council.
Property Owner’s Signature: Date: _____________________
STATE OF ALABAMA,
COUNTY OF LEE
I, , a Notary Public in and for said County and State, hereby certify
that , whose name is signed to the foregoing document, and who is
known to me or acknowledged before me on this day, that being informed of the contents of said document,
did execute the same voluntarily on the day that bears the same date.
Given my hand and seal of office this day of ,
Notary Public
My Commission Expires:
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AGENDA ITEM # ___________
Page 2 of 3
READ. THE FOLLOWING GENERAL USE STANDARDS, (E) PARAGRAPH (1-5) OF SUBSECTION
8.17 CONDITIONAL USES; E. General Use Standards.
1. No application for a conditional use permit shall be approved unless the Planning Commission shall specifically find
the proposed conditional use appropriate in the location for which it is proposed. This finding shall be based on the
following criteria.
2. The proposed use shall be in harmony with the general purpose, goals, objectives, and standards of the
Comprehensive Plan, this ordinance, or any other plan, program, map, or ordinance adopted, or under consideration
pursuant to official notice, by the City.
3. There shall be a community need for the proposed use and a need to provide or maintain a proper mix of uses both
within Opelika and also within the immediate area of the proposed use: (a) the proposed use shall not result in either
a detrimental concentration of a particular use within the City or within the immediate area; and (b) the area for which
the use is proposed is not better suited for or likely to be needed for the uses that are permitted as a matter of right
within that district, in light of policies or programs of the City of Opelika.
4. The proposed use at the proposed location shall not result in a substantial or undue adverse effect on adjacent
property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or right-of-
ways, or other matters affecting the public health, safety, and general welfare, either as they not exist or as they may
in the future be developed as a result of the implementation of provisions and polices of the Comprehensive Plan, this
ordinance, or any other plan, program, map, or ordinance adopted, or under consideration pursuant to official notice,
by the City or other governmental agency having jurisdiction to guide growth and development.
5. The proposed use in the proposed area will be adequately served by and will not impose an undue burden on any of
the improvements, facilities, utilities, and services specified in this subsection. Where any such improvements, facilities,
utilities, or services are not available or adequate to service the proposed use in the proposed location, the applicant
shall, as part of the application and as a condition to approval of the proposed conditional use permit, be responsible
for establishing ability, willingness and binding commitment to provide such improvements, facilities, utilities, and
services in sufficient time and in a manner consistent with the Comprehensive Plan, this ordinance, the other plans,
programs, maps and ordinances adopted by the City to guide its growth and development. The approval of the
conditional use permit shall be conditional upon such improvements, facilities, utilities, and services being provided
and guaranteed by the applicant.
ANSWER THE FOLLOWING QUESTIONS TO THE BEST OF YOUR KNOWLEDGE AND ABILITY. YOUR
ANSWERS PROVIDE THE PLANNING COMMISSION AND STAFF THE BASIS FOR REVIEWING YOUR
REQUEST. ANY QUESTION UNANSWERED WILL BE RETURNED TO YOU FOR COMPLETION.
1) How is the proposed use appropriate in the location for which it is proposed? _________________
_________________________________________________________________________________
_________________________________________________________________________________
2) Will the use result in a substantial adverse effect on adjacent properties, the character of the
neighborhood, traffic conditions, public infrastructure, etc.? _________________________________
_________________________________________________________________________________
3) What precautions will be taken to minimize any adverse effects from the proposed use on
surrounding property owners? _______________________________________________________
________________________________________________________________________________
________________________________________________________________________________
APPLICATION REQUIREMENTS
1. Application due 1
st
Tuesday of each month. (Meeting 4
th
Tuesday of each month at 3:00 PM CT; Work Session is 3
rd
Tuesday
each month at 3:00 PM CT before each PC Meeting).
2. Authorization to Act as Applicant signed by property owner and notarized, if applicable
3. Copy of the current deed
4. Submit 26 copies of the Site Plan (21 - 11 x 17 if legible; 4 – 24 x 36; 1 - 8 x 11). Copies must accompany and be made part of
this application.
5. Conditional Use fee = $125 application fee. Checks are payable to the City of Opelika.
6. Conditional use approval shall expire in one year after approval date. FEE: $125 Paid __________
AGENDA ITEM # ___________
Page 3 of 3
______________________________________________________________________________________
CERTIFICATION
I , HEREBY CERTIFY that this application is made with my
approval, as property owner or authorized applicant designated by the property owner, as evidenced by
my signature below. This application, site plan, and all other information are submitted with the full
authorization and knowledge of the property owner(s). The undersigned below hereby swears to be the
authorized applicant designated by the property owner(s) as representative or agent for the property
owner(s) and therefore the undersigned is authorized to make said application and submit said documents
on this request. I certify that I have read and understand the contents of this application, and that this
application together with the requirements set forth in Section 8.16 Site Plan Review and all supplemental
information is a true representation of the facts concerning this request.
DATE:
STATEMENT OF UNDERSTANDING
I, (property owner or authorized applicant) UNDERSTAND this
Conditional Use Request must be filed with all to the requirements of the Opelika Zoning Ordinance and
all other information requested or required by City Departments in order to be considered complete. I
UNDERSTAND that this application will not be filed until all required information has been received and
further understand that the City reserves the right to postpone this request until such time as the
requirements are met. I UNDERSTAND that City Department staff is available for the purpose of reviewing
my site plan prior to submission deadline. I UNDERSTAND that if the request is approved the approval
applies only to the property(s) shown on the site plan submitted and reviewed by the Opelika Planning
Commission. I UNDERSTAND that at a later date if adjacent or other property(s) are expected to be used
in association with an approved conditional use then a Conditional Use request must be submitted for the
use of such adjacent or other property(s). I UNDERSTAND that the City may require additional information,
requirements, or require modifications to the site plan at any time during the process as deemed necessary
to accomplish the proper and orderly development of this proposal. I UNDERSTAND that if conditional use
is granted by the Opelika Planning Commission then I must submit structural drawings (building plans) as
required for review and approval by the applicable departments prior to issuing a Building Permit. The said
drawings shall be submitted to the Building Inspection Division for review (Building Inspection 705-5420).
I UNDERSTAND that if a request for conditional use is approved or approved subject to conditions, I must
acknowledge such approval in writing and unconditionally accept and agree to any conditions imposed on
the approval within fifteen (15) days following approval by the Opelika Planning Commission. In the event
the conditional use request is not approved or is approved subject to conditions not acceptable to me, I
may within the fifteen (15) days either appeal such decision to Circuit Court or abandon the application at
the expiration of this fifteen (15) day period.
OWNERS/AUTHORIZED REPRESENTATIVE SIGNATURE:
DATE:
( PRINT NAME)
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Conditional Use Application PDF (City of Opelika)

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Completed 14 July 2020

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