(A) Purpose and application.
(1) The principal objective of this chapter is to provide for an orderly arrangement of compatible building and land uses and for the proper locations of all types of uses required by the city. To accomplish this objective, each type and kind of use is classified as permitted in 1 or more of the various districts established by this chapter. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which may be allowed because of their unusual characteristics or the service they provide the public. These conditional uses require particular consideration as to their proper location in relation to adjacent established or intended use and the planned development of the community, therefore, public hearings are required before granting a conditional use. Conditional use permits may be issued for any of the following:
(a) Any of the uses or purposes for which the permits are required or permitted by provisions of this chapter;
(b) Public utility or public service uses or public building or community buildings in any district when found to be necessary for the public health, safety, convenience, or welfare; and/or
(c) To classify as a conforming use any nonconforming institutional use existing in any district at the time of the establishment of the district.
(Am. Ord. passed 11-6-1996)
(2) An application for a conditional use permit shall be filed with the Zoning Administrator. The application shall be accompanied by a site plan showing the information as is necessary to show compliance with this chapter, including, but not limited to:
(a) Description of site (legal description);
(b) Site plan drawn to scale showing parcel and building dimensions;
(c) Location of all buildings and their square footage;
(d) Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks;
(e) Landscaping and screening plans;
(f) Drainage plan;
(g) Sanitary sewer and water plan with estimated use per day;
(h) Soil type (clay or black dirt); and
(i) Any additional data reasonably required by the Planning Commission.
(B) Notification and public hearing. A public hearing on any request for a conditional use permit must be held before the Planning Commission before the permit is granted. Written notice of the request for a conditional use permit and the public hearing upon the request shall be sent to all property owners or residents within 300 feet of the property. A notice shall also be published in the official newspaper of the area. This published notice shall not appear more than 30 days nor less than 10 days before the hearing. The notice shall describe the particular conditional use and shall contain a brief description thereof. Assessor tax records and street addresses shall be deemed sufficient for location or certification of ownership of the adjacent properties. However, an error in the published notice of public hearing or failure to notify a specific property owner of the application for a conditional use permit shall not be considered cause to declare the public hearing invalid.
(Am. Ord. passed 11-6-1996)
(C) Findings. For each application for a conditional use permit, the Planning Commission shall report to the City Council its findings and recommendations, including the stipulation of additional conditions or restrictions and guarantees that the conditions or restrictions will be complied with when they are deemed necessary for the protection of the public interest. No conditional use shall be recommended by the Planning Commission unless the Commission shall find:
(1) That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity, and is compatible with the existing neighborhood;
(2) That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area and conforms to the comprehensive land use plan of the city/county;
(3) That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided;
(4) That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use;
(5) That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result;
(6) That soil conditions are adequate to accommodate the proposed use; and/or
(7) That proper facilities are provided which would eliminate any traffic congestion or traffic hazard which may result from the proposed use.
(D) Action by the City Council.
(1) After receipt of the report regarding the conditional use permit from the Planning Commission, the City Council shall hold whatever additional public hearings it deems advisable and shall decide whether to grant or deny the conditional use permit.
(2) If the City Council chooses to grant the permit, it may impose the restrictions or conditions in addition to or in substitution for any conditions or restrictions recommended by the Planning Commission as it deems necessary to protect the public interest. If the Planning Commission in its recommendations to the City Council has indicated that the proposed conditional use may result in a material adverse effect on the environment, the applicant for the permit may be requested by the City Council to demonstrate the nature and extend of the effect before the City Council approved the permit.
(3) The conditional use permit, if approved, shall be issued by the Zoning Administrator upon the order of the City Council.
(E) Filing and fees.
(1) A certified copy of any conditional use permit shall be filed with the County Recorder or Registrar of Titles for record by the person or firm requesting the permit. The conditional use permit shall include the legal description of the property involved.
(2) To defray administrative costs or processing requests for conditional use permits, a fee shall be paid by the applicant. This conditional use permit fee shall be set by the City Council.
(F) Compliance.
(1) Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms of the permit and of any such conditions designated in connection therewith, and the conditional use permit shall remain in effect only so long as the terms and conditions agreed upon are observed.
(2) The City Council shall revoke a conditional use permit when it determines that the terms and conditions of the permit as issued are no longer being complied with. A certified copy of an order of the city revoking a conditional use permit shall be filed with the County Recorder for record.
(Ord. 106, passed 3-13-1995)