A. Purpose And Intent: This section establishes standards and required findings of fact for conditional uses. The purpose of conditional uses is to allow uses that may be suitable in some but not all locations in the zoning district in which they are allowed, or require special consideration because of unusual operational or physical characteristics, or must be designed and developed with conditions to assure compatibility with adjoining uses.
A conditional use permit (CUP) may be granted to allow a conditional use only for a use listed as a "conditional" use in an allowed uses table and only after the Planning Board/Zoning Commission has made findings of fact that the conditional use complies with the following standards. The following standards apply in addition to standards of general applicability.
B. Findings Of Fact: The Planning Board/Zoning Commission shall make findings of fact that a conditional use complies with the following standards as a prerequisite to the City Council granting a CUP.
1. Consistent With Growth Policy: The conditional use is consistent with the policies, goals, objectives and strategies of the Sidney Growth Policy.
2. Compatibility: The conditional use is compatible with the character of the immediate vicinity including the bulk, scale, and general appearance of neighboring buildings and uses.
3. Minimizes Adverse Impact: The design, development, and operation of the conditional use minimize and mitigate adverse effects, including visual impact of the proposed use on adjacent lands.
4. Minimizes Adverse Environmental Impact: The development and operation of the proposed conditional use minimizes adverse environmental impacts. Environmental resources to be assessed include, but are not limited to wetlands, riparian areas, steep slopes, mature vegetation and the floodplain.
5. Impact On Public Facilities And Services: The conditional use does not have a significant adverse impact on public facilities and services, including, but not limited to, transportation systems, potable water and wastewater facilities, storm drainage, solid waste and recycling, parks, trails, sidewalks, schools, police, fire, and EMT facilities.
6. Hazard, Nuisance: The proposed conditional use will not create a hazard to persons or property and will not create a nuisance arising from, but not limited to: traffic, noise, smoke, odors, dust, vibration or illumination.
7. Other Codes: The conditional use complies with all applicable City codes and ordinances.
C. Applicability: An approved CUP shall run with the land and may be transferred to another owner but only for the approved timeframe. The City Council may place the following conditions to mitigate any adverse impact from the project:
1. Special yards;
2. Open spaces;
3. Buffers;
4. Fences;
5. Walls;
6. Requiring installation and maintenance of landscaping;
7. Requiring street dedications and improvements;
8. Regulating points of vehicular ingress and egress;
9. Regulating traffic circulation;
10. Regulating signs;
11. Regulating hours of operation and methods of operations;
12. Controlling potential nuisances;
13. Prescribing standards for maintenance of buildings and grounds;
14. Prescribing development schedules and development standards; and
15. Such other conditions as the Council may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare.
D. Expiration, Discontinuance Or Abandonment: An approved CUP shall expire on the one year anniversary date of approval if the permit is not put to use, unless an alternate timeline is established in the development approval. If a conditional use is operationally discontinued or abandoned for a period of more than twelve (12) consecutive months, regardless of the removal or non- removal of furniture/equipment or any intention to resume such activity in the future, the conditional use may not be reestablished or resumed. Any subsequent use of the site shall conform to this title. A timeframe shall be established at approval for use of the conditional use permit. (Ord. 567, 3-20-2017)