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The purpose of this chapter is to establish standards and procedures for review of uses which have the potential to be compatible with the districts in which they are listed as conditional uses but which, due to the nature of their operation, appearance, or other characteristics, require individual review and control of their location, design, intensity, configuration, and impacts upon the district and the community in order to ensure such compatibility and preservation of the district and community.
(Ord. 52-2002. Passed 9-23-02.)
(a) Conditional uses which may be considered for approval are as follows:
(1) Mini-storage in the I-1 and I-2 District.
(2) Towing service/impound lot in the I-1 and I-2 District.
(3) Auto sales, used in the B-3 District.
(4) Home occupations Type A and Type B as accessory on lots on which a dwelling is the principal use.
(5) Skill-based amusement arcades.
(6) Freestanding wind turbines.
(b) A use listed as a conditional use shall not be permitted by right. The identification of a use as a conditional use in a district shall not establish or imply any rights for approval of the use of any lot, nor shall the approval of a conditional use on one lot establish or imply any rights for approval of the same use on any other lot. Listing as a conditional use shall afford the opportunity to submit an application for a conditional use permit, which may be approved or denied on the basis of the provisions of this Zoning Code.
(c) When a use is listed in this Zoning Code as a conditional use for a district, the conditional use of land, building, or structure shall not be established until a conditional use permit has been reviewed and approved by the Planning Commission according to the procedures of this Zoning Code and until the conditional use permit is issued by the Building and Zoning Inspector.
(Ord. 52-2002. Passed 9-23-02; Ord. 3-2004. Passed 2-9-04; Ord. 48-2005. Passed 6-27-05; Ord. 69-2007. Passed 11-12-07; Ord. 84-2009. Passed 10-26-09)
(a) Application. An applicant for a conditional use permit shall submit an application to the Building and Zoning Inspector. At a minimum, an application shall include the following information:
(1) Use information.
A. A statement of the specific conditional use or uses listed in this Zoning Code for which the application is submitted.
B. A description of the activities proposed on the site, including the goods and services, hours of operation, anticipated number of employees, nature and volume of delivery activity, characteristics of vehicular activity, and other information which clearly documents the nature of the proposed use and its potential impacts.
C. A statement discussing the compatibility of the proposed use with the existing and permitted uses of adjacent properties and with any plans adopted by the City, including an evaluation of the effects on adjoining properties of such elements as traffic circulation, noise, glare, odor, fumes, vibration, and storm water.
(2) Site plan information. Information and exhibits describing the site and building layout and locations of all structures, paved areas, and uses on the lot.
(3) Additional information. Upon review of the application, the Planning Commission may find that additional information is necessary to make a determination of the compliance of the proposed use with the provisions of this Zoning Code. The Planning Commission may determine that additional studies or expert advice are necessary to evaluate a proposed conditional use relative to the requirements of this chapter and shall advise the applicant if such studies or advice are required. The Planning Commission may accept the required studies prepared by qualified professionals engaged by the applicant or may require the applicant to deposit with the City funds as required to pay for such studies.
The Commission shall only require additional studies or expert advice by motion affirmed by the majority. The motion shall specify the provisions of the Zoning Code which necessitate such study and shall state the issue(s) to be addressed. Such studies or expert advice may include, but are not limited to:
A. Traffic study. Where it is anticipated that the traffic impacts of a proposed use will exceed impacts of permitted uses of the district, a traffic study may be required to determine the impacts, to determine the potential of existing road facilities to support the traffic, and to determine needed improvements.
B. Environmental impact study. Where it is anticipated that the environmental impacts of a proposed use (e.g., noise, emissions, consumption of groundwater) will exceed or be significantly different from impacts of permitted uses in the district, a study may be required to determine the nature and extent of such impacts and the feasibility of mitigating them.
C. Utility impact study. Where it is anticipated that a proposed use will result in utility demand or waste generation which exceed the capacity of existing or planned utilities, a study may be required to project the demand or generation, to determine the potential of existing facilities and to determine needed improvements. A written statement of the operator of the utility verifying the rapacity of the utility to satisfy the projected impacts may be accepted in lieu of special study.
(Ord. 52-2002. Passed 9-23-02.)
(a) The Planning Commission shall, upon determining that the application for conditional use is complete, set a public hearing for the next regularly scheduled meeting and shall instruct the Secretary of the Commission to publish notice.
(b) The Planning Commission shall conduct a public hearing on the date and time published.
(Ord. 52-2002. Passed 9-23-02.)
(a) Action by Planning Commission. The Commission shall review the application for conformance with the provisions of this Code, including the standards set forth in Section 1298.07, Standards for all Conditional Uses, and, as applicable, of Section 1298.08, Standards for Specific Conditional Uses, and shall, within a reasonable time after conclusion of the public hearing, take one of the following actions:
(1) Approve the proposed conditional zoning certificate and site plan. In granting approval, the Planning Commission may establish appropriate conditions and safeguards which are more strict than the requirements of this Zoning Code, and which are in conformance with the intent and purposes of this Zoning Code for the protection of nearby property and the public health, safety and general welfare.
(2) Deny the application, stating in the motion for denial the reason(s) for disapproval.
(b) Notice to Council; Action by Council.
(1) Within three days after the Planning Commission takes action to approve a conditional zoning certificate, the Secretary of the Commission shall forward notice to the Clerk of Council. The conditional zoning certificate shall be placed on the agenda of the next regularly scheduled meeting of Council (or at a special meeting of Council) for review if, within five days after receipt of notice by the Clerk of Council, three or more members of Council give written notice to the Clerk requesting review. The regularly scheduled meeting or the special meeting shall be held not less than 30 days after the members of Council give notice requesting review.
(2) Council shall, within 30 days (or a longer period with the consent of the applicant) after the first Council meeting at which the certificate is reviewed, take action to affirm, amend, or deny the certificate. Council shall only amend or deny the certificate by a concurring vote of five or more members. The Clerk of Council shall notify the applicant and the Planning Commission of the action of Council.
(c) Issuance. If the Planning Commission approves the conditional zoning certificate, then the Zoning Inspector shall be authorized to issue the conditional use permit ten days after the date of approval, except that, if the certificate becomes subject to Council review, issuance shall be delayed pending the action of Council. If the Commission denies the conditional use permit, then the Secretary of the Commission shall notify the applicant in writing and no further action shall be taken.
(Ord. 52-2002. Passed 9-23-02.)
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