(A) Generally. Certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be acceptable. When these circumstances exist, a conditional use permit may be granted. Conditions may be applied to the issuance of the permit and periodic review may be required. The permit shall be granted for a particular use and not for a particular person or firm. No conditional use permit shall be granted for a use which is not specifically designed as such in this chapter.
(B) Application for conditional use permit. The person applying for a conditional use permit shall fill out and submit to the Zoning Administrator the appropriate form together with the required fee.
(C) Notification of conditional use permit review. A notice of conditional use permit review shall be mailed at least ten days prior to the Planning and Zoning Commission meeting to each owner of property situated wholly or partially within 200 feet of the property to which the conditional use permit relates. The Zoning Administrator shall be responsible for mailing the notices. For the purpose of giving mailed notice, the Zoning Administrator shall require the owner of the property affected to furnish the names and addresses of all property owners within 200 feet of the property.
(D) Hearing and recommendation by the Planning and Zoning Commission. A conditional use permit shall be referred to the Commission for study and public hearing. In its deliberations on the matter, the Commission shall consider oral or written statements from the applicant, the public, city staff, and its own members. The Commission may recommend approval or disapproval, or it may table the application. The application may not be tabled more than two meetings in succession. Planning staff shall notify the City Council, in writing, of the Planning and Zoning Commission recommendation. The recommendation shall include the reasons for the recommendation and be transmitted to the Council not more than 30 days after the public hearing in which the recommendation was made.
(E) Decision by the City Council.
(1) The City Council after receipt of the report and recommendation of the Planning and Zoning Commission, shall consider the conditional use permit request. During the public hearing on the matter, the Council shall consider oral or written statements from the applicant, city staff, the public, and its own members. The Council may approve any request for conditional use permit, deny the request, or table the request. The application may not be tabled more than two meetings.
(2) The Council, in approving a conditional use permit, shall, find as follows.
(a) The site for the proposed use is adequate in size and topography to accommodate the use, and all yards, spaces, walls and fences, parking, loading, and landscaping are adequate to properly relate the use with the land and uses in the vicinity.
(b) The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.
(c) The proposed use will have no adverse effect upon the abutting property.
(d) The proposed use shall be in conformance with the general plan.
(e) The conditions stated in the approval are deemed necessary to protect the public health, safety, and general welfare. The conditions may include but are not limited to:
1. Regulation of use;
2. Special yards, spaces, and buffers;
3. Special fences, solid fences, and walls;
4. Surfacing of parking areas;
5. Requiring street, service road, or alley dedications and improvements or appropriate bonds;
6. Regulations of points of vehicular ingress and egress;
7. Regulation of signs;
8. Requiring maintenance of the grounds;
9. Regulation of noise, vibrations, odors;
10. Regulation of hours for certain activities;
11. Time period within which the proposed use shall be developed;
12. Duration of use;
13. Requiring the dedication of access rights; and/or
14. Other such conditions as will make possible the development of the city in an orderly and efficient manner.
(f) The Council shall, in addition to any other conditions, impose the following general conditions upon every conditional use permit granted.
1. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure.
2. All of the special conditions shall constitute restrictions running with the land and shall be binding upon the owner of the land, his or her successors or assigns.
3. All conditions specifically stated under any conditional use listed in this chapter shall apply and be adhered to by the owner of the land, his or her successors or assigns.
4. All of the special conditions shall be consented to in writing by the applicant.
(3) Applications for conditional use permits may be approved or denied by motion of the Council. If an application is denied, the denial shall constitute a finding that the applicant has not shown that the conditions required for approval do exist. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Council.
(F) Notification of Council action. The applicant shall be notified of the action taken by the Council. If the application has been granted, the permit shall be issued upon the signature of the Mayor and the Zoning Administrator, and any conditions, automatic termination date, or period of review shall be stated on the permit.
(G) Appeals. A person aggrieved by a decision of the City Council, may file a complaint for special action in the superior court to review the City Council decision.
(H) Modification or enlargement of structures authorized under a conditional use permit. Any proposed additions, enlargements, or modifications of the structures approved in any conditional use permit or any proposed extension of the use into areas not approved in any such permit shall be subject to §§ 154.156(C), (D) and (F) and 154.157 of this chapter.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022) Penalty, see § 154.999