(A) A CONDITIONAL USE is a use that is permitted within the applicable zoning district but which may be, or could become, incompatible under certain conditions with adjacent uses or generally with other uses within the applicable zoning district. As a result, a public review shall be required before the land may be used for the specified purpose. Review of the proposed site design, and conditions on the use of the property or lot under consideration, may be added before approval is granted.
(B) The applicant shall complete and submit to the Zoning Officer a conditional use permit application form, any additional information reasonably requested by the Planning Commission or the Zoning Officer, and a fee to be set by the City Council by ordinance. The Zoning Officer shall determine if the application is complete prior to setting a hearing date and time and referring the application to the Planning Commission. The Board of Adjustments shall hold a public hearing on the proposal after notification of the date, time, and place of the hearing is published in the city’s official newspaper at least ten days before the hearing. In addition, persons who own property situated wholly or partly within 350 feet of the affected parcel or parcels shall receive similar, individual notifications by mail. The petitioner or his or her representative shall appear before the Planning Commission in order to answer questions concerning the proposed conditional use permit. The Commission’s recommendation shall be presented to the City Council. The City Council shall make findings of fact and approve or deny a request for a conditional use permit within 60 days after receipt of the complete application. If it grants the permit, the City Council impose conditions it considers necessary to protect the public health, safety, and welfare, and such conditions may include a time limit for the use to exist or operate.
(C) An accurate property description and a site design plan showing existing or proposed buildings, streets, access parking spaces, signs, and landscaping screening plans shall be required to be submitted along with the application form.
(D) The Planning Commission shall recommend a conditional use permit and the City Council order the issuance of such permit only if it finds that such use at the proposed location:
(1) Will be harmonious with the comprehensive plan of the city and this chapter;
(2) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the surrounding area and will not change the essential character of that area;
(3) Will not be hazardous, unhealthy, or unsafe to existing or future neighboring uses;
(4) Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools;
(5) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
(6) Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of or offensive traffic, noise, smoke, fumes, dust, glare, vibrations, odors, or other pollutants;
(7) Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares;
(8) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance; and
(9) Will be compatible with surrounding buildings, circulation, open space, landscaping, parking, and compatible with existing natural topography, natural water courses, vegetation, exposure to sunlight and wind, and views.
(E) In recommending or approving any conditional use permit, the Planning and Zoning Commission and the City Council may impose conditions which it considers necessary to meet the standards of this chapter and to protect the best interests of the surrounding area or the city as a whole. Such conditions as are imposed shall bind any successors and shall not be affected by any subsequent transfer of ownership. Violation of any such condition is a violation of this chapter. These conditions may include, but are not limited to, the following:
(1) Ingress and egress modifications to the property and proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe;
(2) Changes to off-street parking and loading areas where required with particular attention to the related noise, glare, or odor effects on nearby property;
(3) Changes to refuse and service with particular attention to ingress and egress;
(4) Modification in utility plans with reference to location, availability, and compatibility;
(5) The addition of fencing, screening, landscaping, or other facilities to protect or buffer abutting or adjacent property;
(6) Modification to proposed signs, if any, and proposed exterior lighting with reference to glare, traffic safety, and compatibility and harmony with properties in the district;
(7) Changes in required yards and other open space; and/or
(8) Controls on the hours of operation of all or portions of a particular use.
(F) (1) Application for changes in the conditions or site design plan of an approved conditional use permit shall be required. The City Council may approve, disapprove, or approve with conditions, the application. Approval of the changes by the City Council shall be granted before on-site changes or developments are permitted. A public hearing before the City Council shall be held where a public hearing was required for approval of the original proposal and application. Changes in the approved site plan, submitted as part of the conditional use permit application, involving minor changes in the following may be authorized by the Zoning Officer for good cause shown:
(a) The location and alignment of buildings not to exceed ten feet and that meet all other ordinance requirements;
(b) Other minor revisions in the shape of structures and still meeting all other ordinance requirements; or
(c) Adding accessory structures not exceeding 5% of the total floor area of all structures on the property and meeting all other ordinance requirements.
(2) The Zoning Officer, however, may refer such proposed changes to the site plan to the Planning Commission for review if the proposed changes do not appear to fit clearly into one of the above three options, or where proposed changes appear to change or compromise conditions placed on the applicant at the time of approval of the conditional use and site plan by the City Council.
(G) If the Planning Commission recommends denial of a conditional use permit, or the City Council orders such denial, it shall include in its recommendations or determination findings as to the ways in which the proposed use does not comply with the standards required by this chapter.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)