(A) Purpose and authority.
(1) The purpose of a conditional use permit is to authorize and regulate uses which may be beneficial in a specific instance to the general welfare of the community, yet ensure that such uses are not detrimental to surrounding property, and are consistent with the stated purpose of the zoning district and goals of the Comprehensive Plan. Because of their unusual characteristics, conditional uses require special consideration so they may be located properly with respect to the property location, surrounding area, and arrangement of the property. In order to achieve these goals, the city may approve or deny applications and impose reasonable conditions upon granting the permit.
(2) Within all special flood hazard areas (zones A) all proposed construction or development, including placement of prefabricated buildings and manufactured homes, shall require permits pursuant to §§ 154.015 and 154.085 through 154.098 of this chapter. In addition, the proposed site shall be reasonably free from flooding and in accordance with § 154.015 of this chapter.
(B) Standards and conditions for conditional uses.
(1) A conditional use permit may be granted for the following uses only:
(a) Any use specifically listed as a conditional use in the regulations applicable to the district in which it is specifically located;
(b) Planned development in accordance with the provisions of § 154.070 of this chapter in any district;
(c) Any of the following uses in any residential or commercial district:
1. Schools;
2. Community recreation buildings and fields;
3. Elderly high rise; or
4. Relocation of any structure larger than ten feet by 12 feet.
(d) Any of the following uses in any district: buildings, facilities or premises of public service corporations to be used for public utility purposes reasonably necessary to the public convenience or welfare.
(2) A conditional use permit must meet the following conditions for approval:
(a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community;
(b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and
(c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations.
(C) Procedure.
(1) An application for a conditional use permit shall be submitted to the Zoning Administrator with the following required information:
(a) Legal description of the tract of land;
(b) Evidence of ownership;
(c) A non-refundable application fee, as set by the City Council in the city’s fee schedule, as it may be amended by City Council from time to time;
(d) Plans drawn to convenient scale, showing the current zoning classification and existing land use of the tract and those tracts directly adjacent to it, and any significant topographical or physical features and all easements of the tract and adjacent tracts. The Zoning Administrator may require a certified survey at his or her discretion at the time of application;
(e) Three copies of preliminary plans, drawn to a convenient scale, showing the same information as is required for site plan approval;
(f) Applications for a conditional use permit for a planned development district shall meet the requirements and follow the application procedures of § 154.070, PD, Planned Development District;
(g) When it deems it to be necessary, the Planning Commission may require a traffic survey, conducted at the expense of the applicant, setting out and analyzing the effect that the development will have upon traffic in the streets and thoroughfares adjacent to and in the proposed development;
(h) A statement showing the relationship of the proposed development to the Comprehensive Plan and future land use plan of the city; and
(i) A statement as to how the proposed development is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable district regulations.
(2) (a) A public hearing shall be set, advertised and conducted by the Planning Commission in accordance with § 154.171 of this chapter.
(b) When a floodway or flood fringe district is involved, the Planning Commission shall submit to the Commissioner of Natural Resources a copy of the application for a proposed conditional use permit sufficiently in advance so that the Commissioner will receive at least ten-days’ notice of the hearing.
(3) The Planning Commission shall transmit to the City Council a written report containing its recommendations concerning the proposed conditional use. The report shall be accompanied by findings of fact specifying the reasons for the recommendation.
(4) The City Council shall not grant a conditional use unless it finds that the standards of § 154.071 of this chapter have been satisfied. The City Council may, after review and recommendation by the Planning Commission, grant a conditional use permit or overturn the vote of the Planning Commission with a three-quarters vote. The City Council shall approve or deny the request within the time allowed by state statute, unless extended pursuant to state statutes or a time waiver is granted by the applicant.
(5) A copy of all decisions granting a conditional use permit in the floodway or flood fringe districts shall be forwarded to the Commissioner of Natural Resources within ten working days of the action.
(6) A conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit.
(7) A conditional use permit shall run with the land and may be transferred to subsequent property owners.
(8) A certified copy of the conditional use permit shall be recorded with the County Recorder and shall include the legal description of the property.
(2004 Code, § 154.170) (Ord. 464, passed 1- -1996; Ord. 07-0485, passed 12-11-2007) Penalty, see § 154.999