1198.01
Intent.
1198.02
Application for conditional use permit.
1198.03
General standards.
1198.04
Frequency of application to the Board.
1198.05
Public hearings.
1198.06
Notice of hearing in newspaper.
1198.07
Notice to interested parties.
1198.08
Action by the Board.
1198.09
Expiration of permit.
1198.10
Special criteria for residential social service facilities.
1198.11
Special criteria for home occupations.
1198.12
Medical marijuana facilities and adult use cannabis operators including cultivation facilities, processing facilities, dispensaries and testing laboratories.
1198.13 Special criteria for recreational vehicle parks.
(a) It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually.
(b) These specific uses as they are conditionally permitted under the provisions of the district regulations shall follow the procedures and requirements set forth herein.
(Ord. 147-2018. Passed 7-2-18.)
An application for a conditional use permit shall be filed with the Chairman of the Board of Zoning Appeals by at least one owner or his designated agent of property for which such conditional use is proposed. A fee of seventy-five dollars ($75.00) shall be paid to the Zoning Inspector at the time a conditional use permit is requested; an additional non-refundable fee of five hundred dollars ($500.00) shall be paid for Medical Marijuana Entities and adult use cannabis operators, which the Zoning Inspector shall forthwith pay to the Auditor's Office to the credit of the City. At a minimum, the application shall contain the following information:
(a) The name, address and phone number of the applicant;
(b) The legal description of the property;
(c) A description of the existing use;
(d) The present zoning district;
(e) A description of the proposed conditional use;
(f) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Ordinance;
(g) A narrative statement evaluating the effects of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan;
Such other information as may be required in Section 1197.05.
(Ord. 141-2024. Passed 7-29-24.)
In addition to any special criteria or requirements for conditionally permitted uses as otherwise specified in this section, the Board of Zoning Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location shall:
(a) Be harmonious with and in accordance with the general objectives, or with any specific objectives of the City's comprehensive plan and/or Zoning Ordinance.
(b) Be designed, constructed, operated, maintained and landscaped so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use shall not change the essential character of the same area.
(c) Not be hazardous or otherwise detrimental to existing neighboring uses or to principal permitted uses of the district.
(d) Be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewers and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately for any such services.
(e) Not involve uses, activities, processes, materials, equipment and conditions of operation that shall be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
(f) Have vehicular approaches to the property which shall be so designated as not to create an interference with traffic on surrounding public streets or roads.
(g) Not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
(h) Lighting shall not constitute a nuisance, nor in any way impair safe movement of traffic on any street or highway, nor shine directly on adjacent properties.
(i) Structures should have primary access to a collector street.
(j) Such developments should be located adjacent to uses such as churches, parks, industrial, commercial or multi-family uses.
(k) Site locations should be preferred that offer natural or man-made barriers that would lessen the effect of intrusion into a residential area.
(l) All permitted installations shall be kept in a neat and orderly condition so as to prevent injury to any single property, any individual or to the community in general.
(m) Parking areas, maneuvering lanes and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site. The site shall not be used for the storage of trucks.
(Ord. 147-2018. Passed 7-2-18.)
Application for a conditional use of any property of record can be submitted only once in any twelve-month period with the following exceptions:
(a) If there is a zoning district change made on abutting property or property within 300 feet of the subject property;
(b) If through the action of a public body the economic use of abutting property or property within 300 feet of the subject property has been changed;
(c) If through destruction, demolition or removal of structures the economic use of abutting property within 300 feet of the subject property has been changed; or
(d) If a procedural error incurred in processing the application by the City whereby the applicant would not be at fault.
(Ord. 147-2018. Passed 7-2-18.)
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