Butler City Zoning Code
ARTICLE XVI
Conditional Uses
§ 260-105 General standards.
The conditional uses listed in the zoning district regulations of this chapter cannot be adjusted to their environment with a maximum of protection to adjacent properties by a rigid application of the regulations of this chapter which apply uniformly and in detail to the properties within each district. Conditional uses may, however, be permitted or denied in the districts designated, by Council, after recommendations by the Planning and Zoning Commission, subject to the standards and conditions contained in this Article.
§ 260-106 Procedure for approval.
A.
To allow time for legal advertising, written application for a conditional use must be submitted to the Planning Commission not less than 30 days prior to the regular monthly meeting of the Commission.
[Amended 11-21-2013 by Ord. No. 1679]
B.
The application shall include the following:
(1)
A statement describing proposed uses including concise details concerning the proposed method of operation.
(2)
A site plan showing the following data:
(a)
Boundaries of the plot upon which the proposed use will be located.
(b)
Approximate size and location of proposed buildings.
(c)
Streets surrounding the property.
(d)
Property and uses including the names and addresses of the owners of property and the location of buildings within 200 feet of the site.
(e)
All utility lines or easements on the site.
C.
Within 60 days following submission of an application to the Planning Commission, the Commission shall recommend, in writing, to Council that the proposed conditional use be approved, approved with specific modifications or disapproved. The Commission may call and hold at its discretion a public hearing pursuant to public notice.
[Amended 7-11-1991 by Ord. No. 1355]
D.
Within 30 days following receipt of the Planning commission's recommendation, Council shall call and hold a public hearing. Public notice of the hearing shall be advertised in a newspaper of general local circulation once each week for two consecutive weeks, the first notice not more than 30 days before the hearing and the second not less than seven days before. The owner of the property for which the conditional use is sought and owners of record of properties within 200 feet of the exterior boundaries of the property for which the conditional use is sought shall be notified by mail at least 15 days before the hearing. Notice shall be posted at least 10 days before the hearing on the property for which the conditional use is sought and at the City Building. All notices shall state the date, time and place of the hearing, the address of the affected property and the particular conditional use being requested. Within 30 days after conclusion of the public hearing, Council shall approve or reject the proposed conditional use and may attach specific stipulations to approval which shall be made a part of the building or occupancy permit issued for the conditional use.
[Amended 7-11-1991 by Ord. No. 1355]
E.
Once denied by the Council, a conditional use proposal may not be resubmitted for the same use within one year of denial, unless the new application resolves those problems causing denial.
§ 260-107 Conditions for approval.
In reviewing the proposed conditional use, the Planning Commission shall take into account the following criteria in addition to specific requirements included for each conditional use listed.
A.
The use is of such location, size and character that in a general way it will be in harmony with the appearance and orderly development of the district in which it is situated and not be detrimental to the orderly development of adjacent districts.
B.
Consideration is given to:
(1)
The location and size of the proposed use on the property.
(2)
The nature and intensity of the operation proposed.
(3)
The proposed layout in relation to pedestrian and vehicular traffic.
(4)
The potential hazard of the proposed use to the surrounding neighborhood.
(5)
The effect of additional traffic generated by the proposed use on the existing traffic conditions.
(6)
The extent the proposed use will impair or discourage the development of adjacent property.
C.
The Planning Commission may recommend and Council impose such conditions, in addition to those required, as are necessary to assure that the intent of this section is complied with. Such conditions may include, but are not limited to harmonious design of buildings, plantings and their maintenance as a sight and sound screen in the minimizing of abnormal, offensive or hazardous elements and adequate standards of parking, lighting and drainage.
[Amended 7-11-1991 by Ord. No. 1355]
§ 260-108 Special conditions.
The following conditional uses are subject to special conditions as listed:
B.
Hospital, clinic, medical arts building and sanitarium.
(1)
There shall be provided a lot area of not less than 8,000 square feet, plus 300 square feet for each inpatient station.
(2)
Dormitory facilities for doctors and nurses may be included, provided that in addition to the requirement of Subsection B(1) hereof, the lot area in relation to the number of sleeping rooms or persons to be housed is such as to provide a unit density commensurate with that permitted in the district.
(4)
The location of automobile parking facilities on the lot shall be such as to provide maximum protection and facilitate traffic movements on abutting streets.
(5)
Minimum front and rear yards shall be 10 feet greater in depth and minimum side yards shall be 10 feet greater in width then the minimum required for any other principal structure in the district in which such use is located.
(6)
No hospital building shall exceed a height of 150 feet. In all other respects, the requirements of the district shall prevail.
[Amended 1-24-2008 by Ord. No. 1603]