A. Change Of Use: In the PL, PL-2, I, UI or any residential district, a change of use of any church or school to a use that is allowed as a permitted use or conditional use in the zoning district may be allowed as a conditional use pursuant to the provisions of chapter 21A.54 of this title.
B. Temporary Use Of Closed Schools And Churches; Authorized As Conditional Use: The temporary use of closed schools and churches may be allowed as a conditional use pursuant to the provisions of chapter 21A.54 of this title, in the zoning districts indicated in the land use tables of this title, provided that:
1. Use: The temporary use is for office space or educational purposes for public or private charities.
2. Application: The application for a temporary use of a closed school or church shall include, in addition to the application submission requirements of chapter 21A.54 of this title, the following information:
a. Building Plans: As part of the application, the applicant shall provide a site plan drawn to scale showing existing structures, auxiliary buildings, existing parking and landscaping, and any proposed changes to the site. In converting the existing facility to the proposed conditional use, no major exterior or interior alterations of the building shall be made which render the building incompatible with a return to its use as a school or church; and
b. Use Plan: A proposed use plan including:
(1) Hours and days of operation,
(2) Evidence of noise, odor or vibration emissions,
(3) Evidence of the number of classes, including hours taught, days taught, and the expected class size,
(4) Average number of clients per day and the frequency of turnover of the clients, and
(5) Number of employees, staff or volunteers, both total and expected to be on the premises at any given time.
3. Prohibition: No provision of this section shall be construed to allow any use in a closed school or church for retail, residential or industrial purposes, or any use involving any type of correctional or institutional facility.
4. Ownership: The School Board or church shall remain the owner of the property during the period of time for which the conditional use is granted and any change of ownership away from the School Board or church shall immediately cause the conditional use to terminate.
5. Automatic Termination Of Use: If the School Board or church group determines that no future public or religious use will be made of the building as a public school or church, the conditional use as granted under this section shall immediately cease and the property shall thereafter be used only for uses permitted in the zoning district.
6. Temporary Use: The conditional use provided by this section shall be temporary only. The time of such use shall be subject to the decision of the Planning Commission based on its consideration of the criteria specified in subsection B7 of this section. The Planning Commission may authorize the conditional use for a period not to exceed five (5) years, which may be renewed for additional periods not in excess of five (5) years.
7. Termination For Excess Use: If the Planning Commission determines that the conditional use is being used substantially in excess of the plan for use submitted pursuant to subsection B2b of this section, the Planning Commission may, after an informal hearing, revoke the conditional use if it determines that the excess use is having a negative impact on the neighborhood. (Ord. 46-17, 2017)