(A) Procedure.
(1) Application; fee. Requests for amendments or conditional use permits, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. Such application shall be accompanied by a fee as provided for by City Council resolution. This fee shall not be refunded. Such application shall also be accompanied by four oversized copies and one 11X17 inch copy (unless otherwise directed by the Zoning Administrator) of detailed written and graphic materials fully explaining the proposed change, development, or use. An application will not be accepted until all required materials have been submitted.
(2) Staff review/technical assistance reports. Upon receipt of an application for an amendment or conditional use permit, the Zoning Administrator shall, when deemed necessary, refer the request to appropriate staff to ensure that informational requirements are complied with. When all informational requirements have been complied with, the request shall be considered officially submitted. Also, when deemed necessary, the Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports and/or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council.
(3) Public hearing. Upon official submission of the request, the Zoning Administrator shall set a public hearing on the request for the next regularly scheduled Planning Commission meeting occurring at least ten working days from such date as a notice of the hearing is published in the official newspaper. Such notice shall contain a legal property description and description of the request, and shall be published no more than 30 days and no less than ten days prior to the hearing. Written notification of the hearing shall also be mailed at least ten working days prior to the date of the hearing to all owners of land within 350 feet of the boundary of the property in question for conditional use permits and 350 feet for amendments. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this chapter.
(4) Planning Commission action. The Planning Commission shall conduct the public hearing at which time the applicant or a representative thereof shall appear to answer questions concerning the proposed request.
(a) The Planning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgment shall be based upon (but not limited to) the following factors:
1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan;
2. The proposed use is or will be compatible with present and future land uses of the area;
3. The proposed use conforms with all performance standards contained herein;
4. The proposed use will not tend to or actually depreciate the area in which it is proposed;
5. The proposed use can be accommodated with existing public services and will not overburden the city’s service capacity.
(b) The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.
(c) The Planning Commission shall make findings of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of the chapter. Such recommendation shall be in writing and accompanied by any report and recommendation of the city staff. The written recommendation of the Planning Commission shall be forwarded to the Zoning Administrator for referral to the City Council within 60 days of the opening of the public hearing.
(5) Referral to City Council. Upon receipt of the Planning Commission report and recommendation, or within 60 days of the opening of the public hearing by the Planning Commission, the Zoning Administrator shall place the request and any report and recommendation on the agenda of the next regularly scheduled meeting of the City Council.
(6) City Council action. Upon receiving the request and any report and recommendations of the Planning Commission and the city staff, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make recorded findings of fact.
(a) The City Council may adopt and amend a zoning ordinance by a majority vote of all its members. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of the City Council.
(b) In the case of a conditional use permit, the Council may impose any condition it considers necessary to protect the public health, safety, and welfare.
(c) In the case of an amendment, the amendment shall not become effective until such time as the City Council approves an ordinance or code provision reflecting the amendment and after the ordinance or code provision is published in the official newspaper.
(d) Whenever an application for an amendment or conditional use permit has been considered and denied by the City Council, a similar application for the amendment or conditional use permit affecting substantially the same property shall not be considered again by the Planning 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 Commission or City Council for an additional six months from the date of the second denial unless a decision to reconsider such matter is made by not less than four-fifths vote of the full City Council.
(B) Conditions.
(1) In reviewing applications for conditional use permits, the Planning Commission and Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of property within the district, and to achieve the goals and objectives of the Comprehensive Plan. Such conditions may include, but are not limited to, the following:
(a) Controlling the number, area, bulk, height, and location of such uses;
(b) Regulating ingress and egress to the property and the proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe;
(c) Regulating off-street parking and loading areas where required;
(d) Regulating utilities with reference to location availability and compatibility;
(e) Requiring berming, fencing, screening, landscaping, or other means to protect nearby property;
(f) Requiring compatibility of appearance;
(g) Meeting the intent of other city zoning ordinances or code provisions.
(2) In determining such conditions, special consideration shall be given to protecting immediately adjacent properties from objectionable views, noise, traffic, and other negative characteristics associated with such uses.
(C) Amendment initiation. The City Council or Planning Commission may, upon their own motion initiate a request to amend the text or the district boundaries of this chapter. Any person, owning real estate within the city may initiate a request to amend the district boundaries or text of this chapter so as to affect the real estate.
(D) Conditional use permit.
(1) 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 and public health and safety. In making this determination, whether or not the conditional use is to be allowed, the city may consider the nature of the adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands immediately close by, the effect upon traffic into and from the premises or on any adjoining roads, and all other or future factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare and public health and safety.
(2) Information requirement. The information required for all conditional use permit applications generally consists of the following items, and shall be submitted when requested by the city:
(a) Site development plan. A site development plan, which shall include:
1. The location of all buildings on lots, including both existing and proposed structures;
2. The location of all adjacent buildings located within 200 feet of the exterior boundaries of the property in question;
3. The location and number of existing and proposed parking spaces;
4. Vehicular circulation;
5. Architectural elevations (type and materials used in all external surfaces);
6. The location and candle power of all luminaries;
7. Curb cuts, driveways, and number of parking spaces.
(b) Dimension plan. A dimension plan, which shall include:
1. Lot dimensions and area;
2. Dimensions of proposed and existing structures;
3. A “typical” floor plan and a “typical” room plan;
4. Setbacks of all buildings located on the property in question;
5. Proposed setbacks;
6. A sanitary sewer and water plan with estimated use per day.
(c) Grading plan. A grading plan, which shall include:
1. Existing contours;
2. Proposed grading elevations;
3. Drainage configurations;
4. Storm sewer catch basins and invert elevations;
5. Spot elevations;
6. A proposed road profile.
(d) Landscape plan. A landscape plan, which shall include:
1. The location of all existing trees, their type and diameter, and which trees will be removed;
2. The location, type, and diameter of all proposed plantings;
3. The location of and material used for all screening devices.
(e) A legal description of the property under consideration.
(f) Proof of ownership of the land for which a conditional use permit is requested.
(3) Lapse of conditional use permit by non-use.
(a) Whenever within one year after granting a conditional use permit the use as permitted by the permit shall not have been completed or utilized, then such permit shall become null and void unless a petition for an extension of time in which to complete or utilize the use has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
(b) All unused conditional use permits that were approved prior to the effective date of this chapter shall be utilized within one year of the effective date of this chapter amendment, otherwise said permit shall become null and void, unless a petition for an extension of time in which to complete or utilize the permit has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the conditional use permit. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. Such petition shall be presented to the Planning Commission for a recommendation to the City Council.
(4) Security.
(a) Except in the case of non-income-producing residential property, upon approval of a conditional use permit the city shall be provided with a letter of credit, 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. Said security shall be non-cancelable and shall guarantee conformance and compliance with the conditions of the conditional use permit and the ordinances and code provisions of the city.
(b) The security shall be in the amount of 1½ times the City Engineer’s or a certified appraiser’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 City Engineer and Building Official.
(c) 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 ordinances and code provisions of the city has been issued by the City Building Official.
(d) Failure to comply with the conditional use permit or the ordinances or code provisions of the city shall result in forfeiture of the security.
(Ord. 110, passed 11-15-97; Am. Ord. 0405, passed 5-11-04; Am. Ord. 1003, passed 6-8-10)