(A) Criteria for granting conditional use permits.
(1) In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety, and general welfare of occupants of surrounding lands.
(2) Among other things, the City Council may make the following findings where applicable:
(a) 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;
(b) 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;
(c) Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided;
(d) Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use;
(e) Adequate measures have been or will be taken to provide 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;
(f) The developer shall submit a time schedule for completion of the project;
(g) The use, in the opinion of the City Council, is reasonably related to the overall needs of the city and to the existing land use;
(h) The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use;
(i) The use is not in conflict with the Comprehensive Plan of the city;
(j) The use will not cause traffic hazard or congestion; and
(k) Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare, or general unsightliness.
(B) Additional conditions.
(1) In permitting a new conditional use or the alteration of an existing conditional use, the Planning Commission may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions which the Planning Commission considers necessary to protect the best interest of the surrounding area or the city as a whole.
(2) The conditions may include, but are not limited to, the following:
(a) Increasing the required lot size or yard dimension;
(b) Limiting the height, size, or location of the buildings;
(c) Controlling the location and number of vehicle access points;
(d) Increasing the street width;
(e) Increasing the number of required off-street parking spaces;
(f) Limiting the number, size, location, or lighting of signs;
(g) Requiring diking, fencing, screening, landscaping, or other facilities to protect adjacent or nearby property;
(h) Designating sites for open space; and
(i) Providing the appropriate area for snow removal and snow storage.
(C) Procedures.
(1) Generally. The person applying for a conditional use permit shall fill out and submit to the Zoning Administrator a conditional use application form.
(2) Information requirement. The information required for all conditional use permits generally consists of the following items, and shall be submitted when requested by the city:
(a) Site development plan.
1. Location of all buildings on lots including both existing and proposed structures;
2. Location of all adjacent buildings located within 350 feet of the exterior boundaries of the property in question;
3. Location and number of existing and proposed parking spaces;
4. Vehicular circulation;
5. Architectural elevations (type and materials used in all external surfaces);
6. Location and type of all proposed lights; and
7. Curb cuts, driveways, number of parking spaces.
(b) Dimension plan.
1. Lot dimensions and area;
2. Dimensions of proposed and existing structures;
3. Typical floor plan and typical room plan;
4. Setbacks of all buildings located on property in question;
5. Proposed setbacks; and
6. Sanitary sewer and water plan with estimated use per day.
(c) Grading plan.
1. Existing contour;
2. Proposed grading elevations;
3. Drainage configuration;
4. Storm sewer catch basins and invert elevations;
5. Spot elevations; and
6. Proposed road profile.
(d) Landscape plan.
1. Location of all existing trees, type, diameter, and which trees will be removed;
2. Location, type, and diameter of all proposed plantings; and
3. Location and material used for all screening devices.
(e) Legal description. Legal description of property under consideration; and
(f) Proof of ownership. Proof of ownership of the land for which a conditional use permit is requested.
(3) The Zoning Administrator shall refer the application to the Planning Commission for review.
(4) (a) The Planning Commission shall hold a public hearing on the proposal.
(b) The legal notice concerning official action pursuant to this section shall be as follows:
1. A notification of the date, time, and place of the hearing shall be published in the municipality’s official newspaper at least ten days before the hearing; and
2. 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.
(5) The petitioner or his or her representative may appear before the Planning Commission in order to answer questions concerning the proposed conditional use.
(6) The report of the Planning Commission shall be placed on the agenda of the City Council at its next regular meeting following referral from the Planning Commission, but not later than 60 days after the applicant has submitted a complete application.
(7) The City Council must take action on the application within 60 days after receipt of a complete application. The City Council, in its discretion, may hold an additional public hearing on the conditional use permit. The City Council may impose conditions (including time limits) 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.
(D) Re-application. No application for a conditional use permit shall be resubmitted for a period of six months from the date of said order of denial.
(E) Periodic review. If a time limit or periodic review is included as a condition by which a conditional use permit is granted, the conditional use permit may be reviewed at a public hearing with notice of said hearing published at least ten days prior to the review. It shall be the responsibility of the Zoning Administrator to schedule such public hearings, and the owner of land having a conditional use permit shall not be required to pay a fee for said review. A public hearing for annual review of conditional use permits may be granted at the discretion of the City Council.
(F) Compliance. In the event that the applicant violates any of the conditions set forth in this permit, the City Council shall have the authority to revoke the conditional use permit.
(G) Expiration. Conditional use permits shall expire upon the change of ownership of a parcel or if they have not been initiated within one year of date of issuance.
(H) Records. A record and appropriate minutes shall be prepared by the Planning Commission from the public hearing on the conditional use permit application. Specific findings of fact shall be made in addition to the recommendations of the Planning Commission.
(I) Fees. To defray administrative costs for processing a conditional use permit, the applicable fee shall be paid by the applicant. The applicable fee shall be set by the City Council.
(Prior Code, § 519.100) (Ord. passed 10-8-2003)