(A) Procedure and requirements for approval of conditional uses. This section is intended to provide a set of procedures and standards for specific land uses that will allow practical latitude for the developer, but at the same time maintain sound provisions for the protection of the health, safety and general welfare of the residents of the city. In order to provide controllable and reasonable flexibility, this section permits detailed review of certain specified types of land use activities which, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Land and structure uses possessing these characteristics may be authorized when defined and permitted within a specific zoning district by the issuance of a conditional use permit. Through this procedure, the Board of Zoning Appeals has the opportunity to impose conditions and safeguards that are deemed necessary for the protection of the public welfare.
(B) Contents of application for a conditional use permit. An application for a conditional use permit shall be filed with the Planning and Zoning Office and the Board of Zoning Appeals by at least one owner of the property for which the conditional use is proposed. At minimum, the application shall contain the following information. The Planning staff may request additional information as needed following submission.
(1) Name, address and phone number of applicant;
(2) A legal description of the real estate involved;
(3) Description of existing use;
(4) Description of proposed conditional use;
(5) A narrative statement evaluating the effects of such elements as noise, glare, odor, fumes and vibration upon adjoining property; and a discussion of the general compatibility with adjacent and other properties in the district;
(6) A site plan of the property which shall include:
(a) Location and size of all existing and proposed buildings and structures;
(b) Location and dimensions of building lines, right-of-way lines, setbacks, regulated drains and public and private easements (existing and proposed);
(c) Elevation contours and spot elevations sufficient to determine drainage (existing and proposed), if necessary;
(d) Layout of drives and other traffic features on opposite side of street and/or adjacent properties;
(e) Statement of availability of city sewer and water, if required for the proposed use; and
(f) Locations of parking and loading areas, traffic access and circulation, open space, landscaping, refuse and service areas, signs, turning radii, and proposed vehicle and projected turning paths from turning radius templates.
(7) Vicinity map showing all existing land uses within a 300 foot radius of the property; and
(8) Any supplemental information required for conditional use applications specified in the regulations of the zoning district in which the property is located.
(C) General standards applicable to all conditional uses. 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:
(1) Is in fact a conditional use as established under the permitted land uses within the zoning district;
(2) Will be harmonious with and in accordance with the general objectives or with any specific objective of the city’s Comprehensive Plan and/or the Zoning Ordinance;
(3) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance and function with the existing or intended character of the general vicinity and will not change the essential character of the area;
(4) Will not be hazardous or disturbing to existing neighboring uses;
(5) 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 uses shall be able to provide adequately any such services;
(6) Will not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic welfare of the community;
(7) 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, glare or odors;
(8) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and
(9) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
(D) Conditions and commitments. In granting any conditional use, the Board of Zoning Appeals may prescribe appropriate conditions or require the property owner to make written commitments regarding the use and development of the property which is the subject of the petition. Conditions or commitments may require special screening and buffering with reference to type, dimensions and character; additional setback distances, yards and open space or other measures necessary to ensure the compatibility of the proposed use and harmony of the proposed development with neighboring properties and other properties within the district. Conditions or commitments may address the following:
(1) Off-street parking and loading areas;
(2) Refuse and service areas;
(3) Proposed signs and exterior lighting;
(4) Noise, glare, odor, adverse economic effects or traffic hazards resulting from the proposed use; and
(5) Any other matter requiring particular attention in order to avoid adverse effects of the proposed use on neighboring properties and other properties in the district.
(E) Notice of public hearing. Upon receipt of the application for a conditional use permit specified above, the Board of Zoning Appeals shall hold a public hearing. At least 10 days prior to the date set for such hearing, public notice of the time, date and place thereof shall be given by publication in a newspaper of general circulation in the city, and give written notice to all interested parties.
(F) Action by the Board of Zoning Appeals. Following the public hearing, the Board of Zoning Appeals shall either approve, approve with supplementary conditions or disapprove the application as presented. If the application is approved or approved with modifications, the Board of Zoning Appeals shall instruct the Planning and Zoning Office in writing to issue a conditional use permit listing the specific conditions specified by the Board of Zoning Appeals for approval. If the application is disapproved by the Board of Zoning Appeals, it shall notify the applicant in writing listing specific reasons for the denial.
(G) Expiration of conditional use permit. A conditional use approval shall be deemed to authorize only 1 particular use, and said approval shall automatically expire if, for any reason, the use has not commenced within 1 year or an implemented use has been discontinued for a period of 1 year.
(H) Construction requirements. Any person granted conditional use approval who fails to commence construction within 12 months after the permit is issued or fails to conform to the provisions of the development plan approved by the Board of Zoning Appeals, may be required by the Board of Zoning Appeals upon its own motion and shall be required by the Board of Zoning Appeals upon written petition by any third party, to show cause why the approval should not be withdrawn and the permit revoked.
(I) Modifications. The holder of a zoning clearance permit for a conditional use may apply to the Board of Zoning Appeals at any time for an alteration, modification, amendment or extension of the application or development plan upon which the permit was based.
(1) Upon receipt of such application, the Board of Zoning Appeals shall proceed as in the case of original applications for a conditional use.
(2) In the event that the Board of Zoning Appeals shall approve and order such applications or development plans modified, altered, amended or extended, it shall notify the Planning and Zoning Office which shall issue an amended zoning clearance permit accordingly.
(3) Any alteration, change or amendment to a site plan (previously approved by the Board of Zoning Appeals through the conditional use process) and involving a new structure, combination of structures or addition to an existing structure, may be issued a zoning clearance permit by the Planning and Zoning Office without the requirement of a public hearing or Board of Zoning Appeals approval provided that:
(a) The net increase in floor area is less than 1,000 square feet but not to exceed 50% of the gross floor area of structures on the parcel.
(b) The plans for the proposed use are submitted to and approved by the Planning and Zoning Office.
(c) The plans are revised to incorporate any recommendations deemed appropriate by the Planning and Zoning Office.
(d) The property of the proposed use is not located within 100 feet of the property line of any existing residential land use.
(1979 Code, § 151.237) (Ord. 4370, passed 7-20-1998)