A. Purpose: The development and execution of this title is based upon the division of the city into districts within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are conditional uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use of the particular location.
B. Authority: The city council may, in accordance with the procedures and standards set forth in this section and other regulations applicable to the district in which the subject property is located, approve by ordinance those uses listed as conditional uses within each zoning district. The zoning administrator may administratively extend an approved conditional use in accordance with subsection H of this section.
C. Parties Entitled To Seek Conditional Use: An application for a conditional use permit may be filed with the zoning administrator by the owner, agent of the owner, or anyone having a contractual interest in the subject property.
D. Procedure For Review And Decision:
1. Application: Applications for a conditional use permit shall be filed in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. (Ord. Z-8-98, 9-21-1998)
2. Action By Zoning Administrator: Upon receipt of a properly completed application for a conditional use permit, the zoning administrator shall conduct a site plan review subject to the regulations of section 12-3-2, "Site Plan Review", of this chapter. The zoning administrator shall forward his written report and recommendations to the planning and zoning board for its review and recommendations.
3. Action By Planning And Zoning Board:
a. The planning and zoning board shall hold a public hearing on the application in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. Notice for the public hearing shall be performed in the manner prescribed by subsection 12-3-1C, "Notice", of this chapter.
b. Within thirty (30) days of the close of the public hearing, the planning and zoning board shall forward its recommendation of either approval, approval with modifications, or disapproval in writing to the city council. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)
4. Action By City Council:
a. The city council shall consider the application at its next available scheduled public meeting, and shall schedule a hearing if, in the opinion of the mayor, city manager or by written call by three (3) of the aldermen, it appears necessary and shall either approve, approve with modifications, or disapprove of the application. The failure of the city council to act at such time, or such further time to which the applicant may agree, shall be deemed to be a decision of disapproval. (Ord. Z-7-04, 1-19-2004)
b. If the application is approved or approved with modifications, the city council shall instruct the zoning administrator to issue a conditional use permit, listing any specific conditions specified by the council or the planning and zoning board. If the application is disapproved, the city council shall instruct the zoning administrator to provide the applicant with written notification of the council's decision.
E. Standards For Conditional Uses: The planning and zoning board and the city council, in their review of conditional use permit applications, shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards: (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)
1. The proposed conditional use is in fact a conditional use established within the specific zoning district involved;
2. The proposed conditional use is in accordance with the objectives of the city's comprehensive plan and this title;
3. The proposed conditional use is designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity;
4. The proposed conditional use is not hazardous or disturbing to existing neighboring uses;
5. The proposed conditional use is to 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 the persons or agencies responsible for the establishment of the proposed conditional use shall provide adequately any such services;
6. The proposed conditional use does not create excessive additional requirements at public expense for public facilities and services and not be detrimental to the economic welfare of the community;
7. The proposed conditional use does 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, glare or odors;
8. The proposed conditional use provides vehicular access to the property designed that does not create an interference with traffic on surrounding public thoroughfares;
9. The proposed conditional use does not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance; and
10. The proposed conditional use complies with all additional regulations in this title specific to the conditional use requested. (Ord. Z-8-98, 9-21-1998)
F. Supplementary Conditions And Safeguards: The planning and zoning board may recommend and the city council may provide such conditions and restrictions upon the construction, location and operation of a conditional use as may be deemed necessary to promote the general objective of this title and to minimize any injury to the value of property in the neighborhood. Such conditions shall be expressly set forth in the ordinance granting the conditional use permit, and shall be recorded by the city as a supplement to the deed for the property, in the county recorder's office. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of such conditional use permit, pursuant to chapter 4, "Enforcement And Penalties", of this title. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)
G. No Presumption Of Approval: The listing of a conditional use within each zoning district does not constitute an assurance or presumption that such conditional use will be approved. Rather, each proposed conditional use shall be evaluated on an individual basis, in relation to its compliance with the standards and conditions set forth in this section and with the standards for the district in which it is located, in order to determine whether approval of the conditional use is appropriate at the particular location and in the particular manner proposed.
H. Limitations On Conditional Uses:
1. No conditional use permit shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion. However, the city zoning administrator may extend the one year period to a mutually agreed upon time.
2. The approval of a proposed conditional use permit by the city council shall be deemed to authorize only that particular use at that particular location for which the conditional use was issued.
3. Except when otherwise provided for in this title, a conditional use shall be deemed to relate to, and be for the benefit of, the use and lot in question, rather than the owner or operator of such use or lot.
I. Effect Of Approval: The approval of a conditional use permit application by the city council shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for such permits or approvals as may be required by the regulations of the city, including, but not limited to, a zoning certificate and a building permit. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-15-20, 6-1-2020)