(A) Purpose. The principal objective of this chapter is to provide for an orderly arrangement of compatible building and land uses, and for the proper locations of all types of uses required by the city. To accomplish this objective, each type and kind of use is classified as permitted in one or more of the various districts established by this chapter. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which may be allowed because of their unusual characteristics or the service they provide the public. These conditional uses require particular consideration as to their proper location in relation to adjacent established or intended use and the planned development of the community; therefore, both staff recommendations and public meetings are required before granting a conditional use.
(B) Authority. The issuance of any permit shall not be approved until the recommendations of the Planning Commission have been received or until 60 days have elapsed since the referral of the matter to the Planning Commission, and unless it shall be found, in each case, that the location of the use for which the permit is sought, the manner of conducting the same and any building or facilities or services which are involved will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment or value of any property in the vicinity.
(C) Procedure. An application for a conditional use shall be on the form required by the Planning Commission and may be made by any governmental office, department, board or commission or by any person having a freehold interest, applicable to the parcel described in the application. The applicant shall pay a fee set by City Council to the city before public notice is published or city staff time is expended. All application for a conditional use shall be accompanied by a site plan in accordance with city procedures. Public notice shall be given not more than 30 days, nor less than ten days, in advance by publishing a notice in the official newspaper of the area. This notice shall describe the particular conditional use and shall contain a brief description thereof. The Zoning Administrator shall send written notice to all property owners or residents within 350 feet of the property. Assessor tax records and street address shall be deemed sufficient for the location of certification of ownership of the adjacent properties.
(D) Standards. In acting upon a request it may be determined that, in order to protect the public health, safety, convenience and welfare, or to avoid traffic congestion or hazard or for promoting conformity of a proposed use with the character of adjoining property and uses and the district as a whole, or for protecting such character, the issuance of a permit should be subject to conditions.
(1) In considering conditional use requests, the Planning Agency shall evaluate the use, utilizing the applicable requirements listed below.
(a) The land area and setback requirements of the property containing such a use or activity shall be at least the minimum established for the district.
(b) When abutting a residential use in a residential district, the property shall be screened and landscaped as determined by the Planning Agency.
(c) Where applicable, all city, state and federal laws, regulations and ordinances shall be complied with and all necessary permits secured.
(d) All signs shall be in compliance with ordinance regulations and shall not adversely impact adjoining or surrounding residential uses.
(f) The proposed water, sewer and other utilities shall be capable of accommodating the proposed use.
(g) The street serving the use or activity is of sufficient design to accommodate the proposed use or activity, and the use or activity shall not generate such additional extra traffic to create a nuisance or hazard to existing traffic or to surrounding land uses.
(h) All access roads, driveways, parking areas and outside storage, service or sales areas shall be surfaced or grassed to control dust and drainage.
(i) All open and outdoor storage, sales and service areas shall be screened from view from the public streets and from abutting residential uses or districts.
(j) All lighting shall be designed as to have no direct source of light visible from adjacent residential areas or from the public streets.
(k) The use or activity shall be properly drained to control surface water runoff.
(l) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence.
(m) Where structures combine residential and non-residential uses, the uses shall be separated and provided with individual outside access, and the uses shall not conflict in any manner.
(2) All conditions pertaining to a specific site are subject to change when the Planning Commission or City Council, upon investigation, finds that the community safety, health, welfare and public betterment can be served as well or better by modifying the conditions.
(Prior Code, § 155.70) (Ord. 560, passed 6-6-1978; Ord. 613, passed 3-6-2002; Ord. 618, passed 5-6-2003)