17.00  USES ON REVIEW AND OTHER POWERS OF THE BOARD.
   17.01   USES ON REVIEW.
      A.   PURPOSE. The development and administration of this Chapter is based upon the division of the City into zoning districts, within which districts the use of land and buildings and structures in relation to the land are substantially uniform.  It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular locations.  Such uses on review fall into two (2) categories:
         1.   Uses publicly operated or traditionally affected with a public interest; and
         2.   Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
      B.   INITIATION OF USE ON REVIEW. Any person having a freehold interest in land, a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, either of which is specifically enforceable, may file an application to use such land for one or more of the uses on review provided for in this Chapter in the zoning district in which the land is located.
      C.   APPLICATION FOR USE ON REVIEW. An application for a use on review shall be filed with the Zoning Enforcement Officer on a form as he shall prescribe.  The application shall be accompanied by such plans and/or date prescribed by the Board and shall include a statement in writing by the applicant and adequate evidence showing that the proposed use will, on review, conform to the standards set forth in Section 17.01F hereinafter.  Such application shall be forwarded from the Zoning Enforcement Officer to the Board with a request for a public hearing and report relative thereto.
      D.   HEARING AN APPLICATION. Upon receipt in proper form of the application and statement referred to in Section 17.01C above, the Board shall hold at least one (1) public hearing on the proposed use on review.  The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the Board shall, by rule, prescribe from time to time.
      E.   NOTICE OF HEARING. Notice of time and place of such hearing shall be published not less than seven (7) days preceding said hearing and at least once in one or more newspapers of general circulation in the City.  Supplemental or additional notices may be published or distributed as the Board may, by rule, prescribe from time to time.
      F.   STANDARDS. No use on review shall be granted by the Board unless such Board shall find:
         1.   That the establishment, maintenance, or operation of the use on review will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
         2.   That the use on review 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 neighborhood;
         3.   That the establishment of the use on review will not impede the normal and orderly development and improvement of the surrounding property for permitted uses in the district;
         4.   That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
         5.   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
         6.   That the use on review shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Board.
      G.   CONDITIONS AND GUARANTEES. Prior to the granting of any use on review, the Board shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the use on review as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Section 17.01F above.  In all cases in which uses on review are granted the Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
      H.   EFFECT OF DENIAL OF A USE ON REVIEW. No application for a use on review that has been denied wholly or in part by the Board shall be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Zoning Enforcement Officer.
      I.   REVOCATION OF A USE ON REVIEW. In any case where a use on review has not been established within one (1) year after the date of granting thereof, then without further action by the Board the use on review or authorization shall be null and void.
   17.02  OTHER POWERS OF THE BOARD. The Board is hereby vested with the following additional authority and jurisdiction:
      A.   INTERPRETATION OF DISTRICT MAP. Where the applications of the rules of interpretation of district boundaries contained in Section 8.00 leaves a reasonable doubt to the boundary between the two districts, the Board after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purposes of this Chapter.
      B.   TEMPORARY USES AND PERMITS. The Board may issue a permit for the temporary use of a building or premises in any district for a purpose or use that does not conform to the regulations prescribed by this Chapter, provided that such use be of a true temporary nature and does not involve the erection of substantial buildings.  Such permit shall be granted in the form of a temporary and revocable permit for not more than a twelve (12) month period, subject to such conditions as will safeguard the public health, safety, convenience, and general welfare.
      C.   CERTAIN INDUSTRIES IN "I-1" DISTRICTS. In determining whether certain uses shall be located in a "I-1" or "I-2" District, the Board shall give due regard to the nature and condition of all adjacent uses and structures, and the consistency therewith of the proposed use and development.  Before authorizing a use for a location in an  "I-1" District, the Board shall determine whether the proposed use would be hazardous, harmful, noxious, offensive, or a nuisance to the surrounding neighborhood by reason of noise, smoke, odor, vibration, dust and dirt, cinders, noxious gases, glare and heat, fire and safety hazards, sewage wastes and pollution, transportation and traffic, aesthetic and psychological effects.
      D.   REAR YARD SETBACK RELIEF. To hear and decide applications in specific cases such relief from the terms of this section with respect to rear yard setbacks that will not be contrary to the public interest, where literal enforcement of the requirements result in practical limitations for the use of the property and where granting of the special exception will not significantly alter the essential character of the surrounding neighborhood. For purposes of this subsection only:
         D.1   Application for rear yard setback reduction shall not be accepted unless the following conditions are met:
               1.   The reduction of the rear yard shall not allow for a rear yard of less than 25 feet;    
               2.   The structure being considered shall be a single family, detached dwelling in an R-1 Single Family Residential District. Attached dwellings, duplexes, multi-family, attached carriage houses or townhouse type structures shall not be considered;   
               3.   Application shall not be submitted to the City of Eldridge within 2 years of the date of the current Certificate of Occupancy as determined by the Building Official;   
               4.   The area occupied by the primary structure shall count towards the percentage of required yard occupied in section 33.02 of this code;   
               5.   A house location survey by an Iowa licensed land surveyor must be provided and the rear property pins shall be exposed or re-established;   
               6.   Petitioner shall be signatory to an affidavit that all restrictive covenants have been reviewed and are being complied with;
               7.   The encroachment shall not be allowed into the area of any easement for any purpose;   
               8.   No part of the primary residence shall be used as a church, child care center, home occupation, bed and breakfast, rental for a period where the contract is less than 30 days or other use where a hearing is required. Approval of this rear yard reduction shall cause denial of any subsequent application for any use under this section;
               9.   The height of the encroachment shall not exceed the highest point of the coping of a flat roof, the deck line of a mansard roof or to the mean height level between eaves and ridges on gable, hip or gambrel roofs as determined by the Building Official;   
               10.   The width of the encroachment shall not exceed 50% of the width of the primary structure including attached garage.
         D.2   STANDARDS. Approval of rear yard setback relief under this subsection shall be by supermajority. In order to approve, the  board must find that the following standards are met:
               1.   The exception is reasonably necessary due to practical difficulties;     
               2.   It will not impair an adequate supply of light and air to adjacent properties;
               3.   It will not unreasonably increase congestion in public streets;   
               4.   It will not increase the danger of fire or endanger the public safety;
               5.   It will not unreasonably diminish or impair established property values within the surrounding area;
               6.   The exception is in harmony with the essential character of the neighborhood of the land in question.   
               7.   It will not impair the public health, safety, comfort, morals, or welfare of the inhabitants of the city;   
               8.   The structure shall in all other respects conform to the applicable regulations or standards of the zone in which it is located;   
               9.   The approval does not conflict with the City Comprehensive Plan.   
         D.3   PROCESS. The provisions and standards set forth at Section 17.01 shall be applied and followed for actions under this subsection.
         D.4   Subject to the provisions of Section 17.02D, the extension of a single family dwelling into a rear yard set-back area.
(Ord. 2018-05, passed 9-17-2018)