(A) Purpose. The purpose of a conditional use permit is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. A conditional use is a use which because of certain characteristics cannot be properly classified as a permitted use in the zoning district within which it is proposed. Conditional use permits are designed to meet the problem which arises where certain uses, although generally compatible with the basic use classification of a particular zone, should not be permitted to be located as a matter of right in every area included within the zone because of hazards inherent in the use itself or special problems which its proposed location may present. In making this determination, whether or not the conditional use is to be allowed, the city may consider the nature of the adjoining land or buildings, the effect upon traffic into and from the premises, or on any adjoining streets, and all other or further factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety.
(B) Procedure. An application for a conditional use permit requires a public hearing and is to be processed in accordance with the procedures outlined in § 150.20 of this chapter.
(C) Application requirements. The information required for all conditional use permit applications generally consists of the following items and shall be submitted when requested by the city.
(1) Site development plan. A site development plan, which shall include:
(a) The location of all buildings on lots, including both existing and proposed structures;
(b) The location of all adjacent buildings located within 200 feet of the exterior boundaries of the property in question;
(c) The location and number of existing and proposed parking spaces;
(d) Vehicular circulation;
(e) Architectural elevations (type and materials used in all external surfaces);
(f) The location and candle power of all luminaries; and
(g) Curb cuts, driveways, and number of parking spaces.
(2) Dimension plan. A dimension plan, which shall include:
(a) Lot dimensions and area;
(b) Dimensions of proposed and existing structures;
(c) Building floor plan;
(d) Setbacks of all buildings located on the property in question;
(e) Proposed setbacks; and
(f) A sanitary sewer and water plan with estimated use per day.
(3) Grading plan. A grading plan, which shall include:
(a) Existing contours;
(b) Proposed grading elevations;
(c) Drainage configurations;
(d) Storm sewer catch basins and invert elevations;
(e) Spot elevations; and
(f) A proposed road profile.
(4) Landscape plan. A landscape plan, which shall include;
(a) The location of all existing trees, their type and diameter, and which trees will be removed;
(b) The location, type, and diameter of all proposed plantings; and
(c) The location of and material used for all screening devices.
(5) A legal description of the property under consideration.
(6) Proof of ownership of the land for which a conditional use permit is requested.
(D) Criteria. The Planning Commission and City Council shall consider possible effects of the proposed conditional use. Its judgment shall be based upon, but not limited to, the following factors:
(1) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the comprehensive plan;
(2) The proposed use is or will be compatible with present and future land uses of the area;
(3) The proposed use conforms with all performance standards contained in this chapter;
(4) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity; and
(5) Traffic generation by the proposed use is within capabilities of streets serving the property.
(E) Additional conditions. In permitting a new conditional use or in the event of the modification of an existing conditional use, the City Council may impose, in addition to the standards and requirements expressly specified by this chapter, additional conditions which the City Council considers necessary in its sole discretion to protect the best interests of people in the surrounding area and the community as a whole. These conditions may include, but are not limited to, the following:
(1) Increasing the required lot size or yard distance;
(2) Limiting the height, size and location of buildings;
(3) Controlling the location and number of vehicle access points;
(4) Increasing the street widths;
(5) Increasing the number of required off-street parking spaces as required by this chapter;
(6) Requiring storm water management, fencing, screening, landscaping or other facilities to protect adjacent or nearby property;
(7) Designating sites for open space or recreational purposes; and
(8) Allowing the Planning Commission or the City Council to review the conditional use permit at any time and to modify, amend, cancel or revoke the conditional use permit if there is noncompliance with the conditions set forth in the conditional use permit.
(F) Revocation. The Planning Commission may recommend, and the City Council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with the conditions of the permit or is in continued violation of this chapter, city codes, or other applicable regulations. The City Council or Planning Commission shall initiate an application and the Zoning Administrator shall notify the responsible person that they have an opportunity to show cause why the permit should not be revoked. The revocation shall be processed and considered pursuant to § 153.020(C) of this chapter. The Zoning Administrator shall provide the responsible person a copy of the proceedings and findings of the Planning Commission and City Council.
(G) Permit modifications. Conditional use permits must be maintained consistent with the terms of their approval. Modifications and amendments shall be processed and reviewed consistent with the terms of this chapter.
(H) Abandonment. In the event the conditional use is discontinued, the permit shall lapse by non-use one year after notice from the city.
(Ord. 422, passed 6-8-1992; Ord. 444, passed 8-25-1997; Ord. 583, passed 8-26-2019)