(A) Authority. The City Council, in accordance with the procedures and standards set forth in this section, may grant conditional use permits authorizing the development of uses listed as conditional uses in the regulations applicable to the district in which the specific property is located. The City Council also reserves the right to review, modify or terminate the approval of any conditional use permit.
(B) Purpose. The principal objective of this section 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 (1) 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 considerations as to their proper location in relation to adjacent established or intended uses and the planned development of the community; therefore, each application will be reviewed on a case by case basis and will be subject to a public hearing process.
(C) Persons entitled to seek conditional use permits. An application for a conditional use permit may be made by any governmental office, department, board or commission or by any person having a contractual interest in the subject property.
(D) Procedure. The following procedures shall govern application for conditional use permits:
(1) Application. An application for a conditional use permit shall be filed with the Zoning Administrator on the form provided and shall contain the following information:
(a) The applicant’s name, address and proof of interest in the property;
(b) The property owner’s name and address, if different than the applicant, and the owner’s signed consent to the filing of the application;
(c) The street address and legal description of the property;
(d) The zoning classification and present use of the property;
(e) A general description of the proposed conditional use;
(f) A site plan conforming to the requirements of this chapter; and
(g) Such other information or documentation as the Zoning Administrator may deem to be necessary or appropriate for a full and proper consideration and disposition of the application.
(2) Fee. An applicant for a conditional use permit shall pay a nonrefundable filing fee in connection with the submittal of the application in accordance with a fee schedule as established, from time to time, by the City Council.
(3) Action of the Zoning Administrator. Upon receipt of a properly completed application for a conditional use and accompanying site plan, the Zoning Administrator shall forthwith transmit to the Planning Commission the application together with all other documentation made part thereof.
(4) Public hearing. Upon receipt of a properly completed application for a conditional use, the Planning Commission shall set a date for a public hearing.
(5) Notice. Notice of the public hearing shall be given by the Zoning Administrator by one (1) publication in one (1) or more newspapers of general circulation. Notice shall be published a minimum of ten (10) days prior to the hearing date and a maximum of thirty (30) days to the hearing. Notice shall also be given by first class mail to all owners of property within three hundred fifty (350) feet of the proposed location of the conditional use. The notice shall describe the particular conditional use and shall contain a brief description thereof. County assessment records and street addresses shall be deemed sufficient for the location or certification of ownership for notification purposes.
(6) Action of the Planning Commission. Upon the conclusion of the public hearing, the Planning Commission shall transmit its recommendation to the City Council. The Planning Commission shall either recommend the granting of the conditional use permit, granting the conditional use permit subject to conditions, or denying the conditional use permit. The failure of the Planning Commission to act within a timeframe that allows the City Council to act within the mandated sixty (60) days shall be deemed a recommendation for the approval of the conditional use permit.
(7) Action of the City Council. After receipt of the Planning Commission’s recommendation or its failure to act within thirty (30) days, the City Council shall either approve the conditional use permit with or without conditions or deny the conditional use permit.
(E) Standards. In considering an application for conditional use permit, the Planning Commission shall make its recommendation upon the finding that the application complies with each of the standards set forth below and, where applicable, any conditional standards for specific uses set forth in the provisions of a specific zoning district.
(1) The use is consistent with the purposes and intent of the Zoning Code and the purposes and intent of the zoning district in which the applicant intends to locate the proposed use.
(2) The use is in keeping with the Comprehensive Plan and the policies thereof.
(3) The use will not cause undue traffic congestion or hazards.
(4) The use will be adequately served by public utilities and all other necessary public facilities and services.
(5) The structure and the site shall have an appearance that will not have an adverse effect upon adjacent properties.
(6) The use will be sufficiently compatible by distance or screened from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land.
(7) The use will not jeopardize the public's health, safety or general welfare.
(F) Sequence of approval of applications for both a conditional use and a variance. Whenever the applicant indicates that a variance will be necessary in connection with the proposed conditional use (other than a planned unit development), the applicant shall at the time of filing for a conditional use file an application for a variance with the Planning Commission. The applications shall be processed at the same time and reviewed by the Planning Commission at the same meeting. However, the Planning Commission shall not take any action on the application for a variance until the Planning Commission first acts to recommend the granting of the conditional use permit, granting the conditional use permit subject to conditions, or denying the conditional use permit.
(G) Conditions of conditional uses.
(1) The City Council, upon recommendation from the Planning Commission, may impose specific conditions and limitations concerning the use, construction, character, location, landscaping, screening, parking and other matters relating to the purpose and objectives of this chapter upon the premises benefited by a conditional use. In addition, the City Council may require a performance guarantee to be submitted to the city in order to ensure compliance with the terms of approval.
(2) The conditions and limitations of approval may be more restrictive than standards outlined in this chapter but shall not be less restrictive. The conditions and limitations may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the proposed property or on public facilities. The conditions shall be expressly set forth in the resolution granting the conditional use permit. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the conditional use permit.
(H) No presumption of approval. The listing of a conditional use within each zoning district does not constitute an assurance or presumption that such conditional use will be approved. Rather, each proposed conditional use shall be evaluated on an individual basis in order to determine whether approval of the conditional use is appropriate at the particular location and in the particular manner proposed.
(I) Effect of approval. The approval of a proposed conditional use by the City Council shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of application for the permits or approvals as may be required by the regulation of the city, including but not limited to a building permit and a certificate of occupancy.
(J) Limitations on conditional uses.
(1) Whenever, within one (1) year (or other designated time period as specified on the resolution) after the granting of a conditional use permit and when the terms of the conditional use permit have not been completed, then such permit shall become null and void, unless a request for extension of time has been granted by the City Council. Such extension requests shall be in writing and filed with the city at least thirty (30) days before expiration of the original permit. There shall be no charge for the filing of such request. Such request may be granted only once.
(2) Except when otherwise provided in the resolution approving a conditional use, a conditional use shall be deemed to relate to, and be for the benefit of, the use and lot in question, rather than the owner or operator of such lot.
(K) Effect of denial.
(1) Conditional use permits may be denied by motion of the City Council and such motion shall constitute a finding and determination by the City Council that the standards required for approval do not exist.
(2) No application of a property owner for a conditional use permit shall be considered by the City Council within a six (6) month period following a denial for such a request, except the City Council may permit a new application if in its opinion new evidence or a change in circumstances warrants it.
(Ord. 395, passed 7-6-2010)