A. Purpose: This ordinance identifies certain uses that, because of their unique or widely varying characteristics or their potential adverse impacts on adjacent land uses, are not permitted as a matter of right, but that may be approved through case-by-case review as a “conditional use.” They are subject to conditional use regulations because they may, but do not necessarily, have significant adverse effects on the environment, overburden public services, change the desired character of an area, or create major nuisances. A review of these uses is necessary due to their potential individual or cumulative impacts on the surrounding area or neighborhood. The conditional use review provides an opportunity to allow the use when there are minimal impacts, to allow the use but impose mitigation measures to address specific reasonable concerns, or to deny the use if the concerns cannot be resolved.
B. Authority To Initiate: Applications for approval of a conditional use may be initiated by the common council for filed by an eligible applicant’s authorized agent.
C. Pre-Application Meeting: Before filing a conditional use application, the applicant or the authorized agent must meet with the planning staff to discuss the proposed amendment and the applicable procedures. Staff will determine whether the conditional use is a minor or a standard use at this pre-application meeting.
D. Application Filing:
1. Shall be filed in accordance with the procedures in this Chapter;
2. Shall be filed with the City on forms provided by the Community Development Department;
3. Shall include all required supplemental information;
4. Shall be submitted by the application deadline as established by the City;
5. Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application; and
6. Public notice requirements must be met by applicant.
E. Transmittal: The application shall be transmitted to City Engineer, Police Department, and Fire Department to review and provide comments. The application and comments from each Department shall be transmitted to planning staff to include in staff recommendations.
F. Conditional Uses-Minor Approval: The planning staff must review the proposed conditional use and comments from other departments and provide recommendations to the City Manager. The City Manager will either approve the application or approve with modification with appropriate conditions and safeguards, as specified in Section 10-6-12.H, in conformity with the zoning ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this zoning ordinance and punishable specified in 10-6-21.
G. Conditional Uses-Standard Approval: The planning staff must review the proposed conditions use and prepare a recommendation for consideration by the planning board and common council.
1. Public Hearing Planning Board: There shall be a hearing for each conditional use application. Said hearing shall be held at an appointed time and place within forty-five (45) days of the date of application. The board shall take testimony from persons interested in said application. Public Notice shall follow the procedures specified in section 10-6-20.
2. Recommendations by Planning Board:
a. Within thirty-five (35) days after the conclusion of the public hearing, the planning board shall either recommend approval with or without supplementary conditions as specified in 10-6-12.H, or denial to the City Council.
b. The public hearing may be extended to another date by mutual agreement of the Planning Commission and the applicant.
3. Public Hearing City Council: Upon receipt of the planning board recommendation, the city council will hold a public hearing on the said application, at which the planning board recommendation will be read, and additional testimony may be taken from interested parties. Notice shall follow the procedures specified in 10-6-20.
4. Approval by City Council: Conditional Use Permits shall be issued upon authorization by the city council, after review by the planning board, and shall be based on a determination that the land use or activity complies with specific requirements for certain land uses and activities as may be outlined in this chapter.
a. If the application is approved or approved with modification, the City Council shall direct the community development director to issue a conditional use permit listing the specific conditions specified by the planning board for approval. If the application is denied by the city council the applicant may appeal the decision through the board of adjustment in accordance with the procedures specified in 10-6-16.
b. Expiration. City Council shall determine if the use stays for the life of the property or ceases if the conditional use shall cease for more than a period of time.
H. Supplementary Conditions And Safeguards:
1. Those land uses or activities outlined in this chapter as requiring a Conditional Use Permit are considered to be sufficiently distinctive in terms of their nature, location, and impact on the surrounding area to warrant special evaluation of each case. The City’s decision to approve or deny a Conditional Use Permit must be supported by the following standards and shall find evidence showing that such use at the proposed location:
b. Will be harmonious with and in accordance with the general objectives or with any specific objective of the City’s recently adopted Growth Policy, Area Specific Plans, and/or the zoning ordinance;
c. Will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
d. Will not be hazardous or disturbing to existing or future neighboring uses;
e. Will be served adequately by essential public facilities and services such as highways, streets, police, and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
f. 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;
g. Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes or odors;
h. Will have vehicular approaches to the property, which shall be so designed as not to interfere with traffic on surrounding public thoroughfares.
2. In recommending any conditional use, the community development director or planning board may prescribe appropriate conditions and safeguards in conformity with this zoning ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this zoning ordinance and punishable specified in 10-6-21. (Ord. 2023-7, 7-17-2023)