(A) Occupancy permit (certificate of occupancy). For uses and structures that require any permit, no vacant land shall be occupied or used and no buildings hereafter erected, altered or moved until a certificate of occupancy has been issued by the city from their building official. The certificate shall show that the building or premises or part thereof and the use thereof are in conformity with the provisions of this chapter of city code and all applicable Building Code provisions. The certificate shall be issued only when the building or premises and the use thereof conform to all the requirements of this chapter.
(B) Conditional/interim use permits.
(1) Permit. The Planning Commission may issue a conditional use permit for conditional uses or an interim use permit for interim uses after review and public hearing; provided, the uses or structures are in accordance with the purpose and intent of all city code and the Comprehensive Plan, and are found not to be hazardous, harmful or otherwise adverse to the environment or the value of the neighborhood or community.
(2) Application. Applications for conditional/interim use permits shall be made to the Planning Administrator or designee as prescribed on forms provided by that office. Completed applications shall be forwarded to the Planning Commission for consideration as prescribed by state statute. An application may be rejected by the Planning Administrator or designee if required information is not provided and a written notice explaining the reason for rejection is given to the applicant within 15 days from submission of the incomplete application. The applications shall include where applicable:
(a) Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor or other key participants and all opposite and abutting property owners of record;
(b) Description of the subject site by the property address and legal description (lot, block and recorded subdivision or by metes and bounds);
(c) A written and/or graphic description of the use being requested including an explanation of the proposals compliance with this chapter and requirement of the specific zoning district where the proposal is located. This may include a site plan of the proposal and/or supporting information including, but not limited to, proposed: hours of operation; number of employees; locations of structures (existing and proposed); parking; signage; lighting; and landscaping. The Planning Administrator or designee and/or Planning Commission may require that a site plan prepared by a state licensed land surveyor, professional engineer, architect or landscape architect showing existing and proposed contours and elevations, property boundaries, amount of land (acreage), locations of human-made or natural features such as structures, waterbodies or wetlands, roads, easement locations and/or landscaping depending on the specific use requested and/or the nature of the proposed location; and
(d) Additional information pertaining to the proposed project as may be required by the Planning Administrator or designee and/or Planning Commission.
(3) Review and approval.
(a) The Planning Commission shall review the application and consider the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, road access, traffic generation and circulation, drainage, available and adequate city services and the operation of the proposed use.
(b) The Planning Commission shall hold a public hearing on the proposed conditional or interim use. Notice of time and place of such hearing shall be published not less than ten or more than 30 days preceding the hearing and at least once in the legal newspaper of the city. A similar notice shall be mailed at least ten days before the day of the hearing to each property owner within 350 feet of the property to which the application relates. The city shall also notify highway agencies where road connections are proposed and all other applicable federal, state or local agencies. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.
(4) Criteria.
(a) General standards. No conditional or interim use shall be granted by the Planning Commission unless:
1. The establishment, maintenance or operation of the use will not be detrimental to or endanger the public health, safety, comfort or general welfare of the city;
2. The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
3. The establishment of the use will not impede the normal and orderly development of the surrounding property for uses permitted in the district;
4. There is adequate public or private/community septic and wells for allowed private utilities, access road and sidewalks for the proposed use, drainage and erosion control, and/or necessary facilities have been or are being provided;
5. Adequate ingress and egress is so designed as to minimize traffic congestion in the public streets; including provisions for pedestrian, bicycle and boat traffic where appropriate;
6. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located;
7. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting which prevents light pollution, screening security provisions, refuse management, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements, may be required by the Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter or other sections of city code;
8. Adequate parking facilities and loading areas or the use;
9. Preservation of natural resources including, but not limited to, filling and grading limitations;
10. Use does not obstruct scenic views from public rights-of-way or existing residential uses;
11. Adequate size and configuration of property for the proposed use or activity;
12. Adequacy of other standards will be determined by the Planning Commission based upon the proposed type and intensity of use and specific site conditions;
13. Hours of business operation;
14. No application for a conditional or interim use that has been denied wholly or in part shall be resubmitted for a period of one year from the date of the order or denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Planning Administrator or designee;
15. In any case where a conditional or interim use has not been established within one year after the date of granting thereof, then, without further action by the Planning Commission, the conditional use or authorization shall be null and void;
16. A date or event which will terminate an interim use permit will be identified on the permit and may include termination by a change to the zoning regulations;
17. An interim use will not be granted if there is a finding by the Commission that its issuance will impose additional costs on the public if it is necessary for the public to take the property in the future;
18. Termination schedule of IUPs will be determined at the time of permit issuance and may be based on the following or similar circumstances: anticipated or resulting changes to the surrounding environment (e.g., changes in zoning, land use, environmental conditions or development projects); sale or transfer of property; violation of laws or codes (health codes and the like); termination or lapse of other required permits; change of management or ownership; and
(b) Specific zoning district standards. Additional conditions can be found in each zoning district as follows.
1. RRTG - Rural Residential Growth/Transitional.
a. Use of “ghost platting” indicating future development potential on public sewer and water; and
b. Clustering of residential lots to allow for future development with an orderly extension of public sewer and water.
2. R-1 - Low Density Residential.
a. Adequate waste management plan and screening or enclosure for trash or storage areas;
b. Conditions limiting or prohibiting traffic, parking, noise, odor, hours of operation, sale of alcohol or other potential nuisances; and
c. Maximum sizes of structures, site or operations to maintain residential neighborhood environment.
3. R-2 Medium Density Residential.
a. Adequate management and staffing;
b. Maximum size of structures, site or operation to maintain the traditional neighborhood environment;
c. Adequate waste management plan and screening or enclosure;
d. Vehicle and pedestrian circulation within and to adjacent uses; and
e. Conditions limiting or prohibiting traffic, parking, noise, odor, hours of operation, sale of alcohol or other potential nuisances.
4. TDC - Traditional Downtown Commercial.
a. Exterior building treatments, including construction materials comparable to those used in buildings and designed in a manner conforming to the architectural design and general appearance of the district;
b. Refuse and service areas, including location and amount of receptacles and screening with fencing or vegetation;
c. Signage and lighting, with reference to glare, traffic safety and compatibility with other properties in the district;
d. The limitation of hours of operation, of noise allowed, requirements for waste management, security, fencing or screening, and any other provisions to harmonize outdoor operations with neighboring residential or business uses;
e. Outside services, sales or dining areas as accessory uses is limited to 30% of the interior floor area of the principal use;
f. Use of landscaping, fencing or walls for screening, and to create a continuation of street setback conforming to the other structures of the district for public or private parking lots; and
g. Conditions for building heights exceeding the base height maximum of 35 feet must be shown to fit within the nature of the district. Floor area ratio, historic evidence of height in the district and comparison to nearby existing landmarks in the district will be considered and must be addressed in the findings of facts for approval.
5. GC - General Commercial.
a. Refuse and service areas, including screening with fencing or vegetation;
b. Signage and lighting, with reference to glare, traffic safety and compatibility with other properties in the district;
c. The limitation of hours of operation of noise allowed, fencing or screening, and any other provisions to harmonize outdoor operations with neighboring residential uses;
d. Outside services sales, or dining areas as accessory uses is limited to 30% of the floor area of the principal use; and
e. Conditions related to the management and storage of hazardous materials.
6. HC - Highway Commercial.
a. Screening of outdoor storage, refuse service areas, including screening with fencing or vegetation;
b. Compatibility of mixed uses;
c. Signage and lighting, with reference to glare, traffic safety and compatibility with other properties in the district; and
d. The control of nuisances to neighboring businesses and residences such as odor, dirt, dust and noise.
7. I - Industrial.
a. Demonstrated ability of public infrastructure or services to adequately serve the project or financing provided through escrow or bond to upgrade the services (to maintain pre-existing level of service to the overall community);
b. Ingress and egress to the property, including provisions for automotive, truck delivery and loading traffic. Also pedestrian and bicycle traffic if deemed appropriate by the Planning Commission;
c. Screening of outdoor storage, refuse service areas, loading and processing areas including screening with fencing and/or vegetation; signage and lighting, with reference to glare, traffic safety and compatibility with other properties in the district and adjacent properties;
d. The control of nuisances to neighboring businesses or properties such as odor, dirt, dust and noise;
e. Increased setbacks, screening or barriers, in particular for uses which may be injurious to the health or welfare of individuals;
f. Limitations on the height of structures, appurtenances and/or storage of bulk or containerized materials;
g. Limitations of the amount and locations of impervious surfaces; and
h. Requirements for additional storm water planning or other types of engineering models.
(c) Amendments to a conditional or interim use permit. Changes proposed to a conditional or interim use will be considered by the Planning Commission upon application, review and approval following the same process as a new application. New conditions or time limits may be imposed on the permit based on criteria and conditions in place at the time of amendment application.
(Prior Code, § 305.04) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)