(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.
(B) Criteria for granting conditional use permits. In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning and Zoning Commission and the effect of the proposed use on the Comprehensive Plan and upon the health, safety and general welfare of occupants of surrounding lands. Among other things, the City Council shall make the following findings, where applicable.
(1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area;
(2) The use will be sufficiently compatible or separated by distance or screening 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;
(3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties;
(4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the city and to the existing land use;
(5) The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use;
(6) The use is not in conflict with the Comprehensive Plan of the city;
(7) The use will not cause traffic hazards or congestion; and
(8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided.
(C) Additional conditions. In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions which the City Council considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to, the following:
(1) Increasing the required lot size or yard dimension;
(2) Limiting the height, size or location of buildings;
(3) Controlling the location and number of vehicle access points;
(4) Increasing the street width;
(5) Increasing the number of required off-street parking spaces;
(6) Limiting the number, size, location or lighting of signs;
(7) Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent and nearby property; and
(8) Designating sites for open space.
(D) Records kept. The Zoning Administrator shall maintain a record of all conditional use permits issued, including information on the use, location and conditions imposed by the City Council, time limits, review dates and other information as may be appropriate.
(E) Reconsideration. Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for a conditional use permit affecting substantially the same property shall not be considered again by the Planning and Zoning Commission or City Council for at least six months from the date of its denial and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning and Zoning Commission or City Council for an additional six months from the date of the second denial unless a decision to reconsider the matter is made by not less than four-fifths vote of the City Council.
(F) Lapse of conditional use permit by non-use. Whenever, within one year after granting a conditional use permit, the work as permitted by the permit shall not have been completed, then the permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. The extension shall be requested, in writing, and filed with the City Administrator at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the conditional use permit. The petition shall be presented to the Planning and Zoning Commission for a recommendation and to the City Council for a decision.
(G) Performance bond.
(1) Upon approval of a conditional use permit, the city shall be provided with a surety bond, cash escrow, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall guarantee conformance and compliance with the conditions of the conditional use permit and the code of the city.
(2) The security shall be in the amount of the Director of Public Works/Parks and Recreation’s or City Building Inspector’s estimated costs of labor and materials for the proposed improvements or development. The project can be handled in stages upon the discretion of the Director of Public Works/Parks and Recreation and Building Inspector.
(3) The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and codes of the city has been issued by the city’s Building Inspector.
(4) Failure to comply with the conditions of the conditional use permit and/or the codes of the city shall result in forfeiture of the security.
(Prior Code, § 1125.01) (Ord. 844, passed 10-20-2010)