The following conditional uses are permitted in the various districts as indicated:

(1)

RA-40 single-family dwelling and agricultural district.

a.

Solar farm; all solar farms shall meet the following requirements:

1.

Setbacks: All solar panels, and any related equipment shall meet the principal building setbacks except where abutting residential property which requires a one hundred (100) feet minimum setback.

2.

Height: Individual module/panels shall be a maximum of twenty-five (25) feet in height as measured from the grade at the base of the structure to the apex of the structure.

3.

Site plan: A site plan, drawn and stamped by a North Carolina licensed surveyor or engineer, shall be submitted showing the following:

i.

The location and dimensions of all proposed areas for the placement of solar panels, mechanical buildings, screening/fencing and related improvements;

ii.

Distance of all structures from the property line;

iii.

Any preexisting structures on the same lot, and principal structures on other properties that would affect the placement of solar panels;

iv.

Parking and access areas;

v.

Location of any proposed solar access easements;

vi.

Location where wiring is brought together for inter-connection to system components and/or the local utility power grid, and location of disconnect switch;

vii.

Any proposed new structures; and

viii.

Any other relevant elements as requested by the planning and inspections department.

4.

Other requirements:

i.

Solar farms shall be fully screened from adjoining properties and adjacent roads by an evergreen buffer capable of reaching a height of ten (10) feet within three (3) years of planting, with at least seventy-five (75) percent opacity at the time of planting.

ii.

All outdoor lighting shall be full cut-off features and shall only illuminate onto the system's premises and surrounding fence area and may be of sufficient intensity to ensure security.

iii.

Solar panels shall be mounted onto a pole, rack or suitable foundation, in accordance with manufacturer specifications, in order to ensure the safe operation and stability of the system. The mounting structure (fixed or tracking capable) shall be comprised of materials approved by the manu-facturer, which are able to fully support the system components and withstand adverse weather conditions.

iv.

Multiple mounting structures shall be spaced apart at the distance recommended by the manufacturer to ensure safety and maximum efficiency.

v.

No ground-mounted large solar energy systems shall be affixed to a block wall or fence.

vi.

With the exception of the manufacturer's, or installer's identification, appropriate warning signs, and owner identification sign, all other signs shall be prohibited. Not more than one (1) manufacturer label bonded to or painted upon the solar energy system shall be permitted.

vii.

It is the responsibility of the owner to remove all obsolete or unused systems within twelve (12) months of cessation of operations.

viii.

The planning director shall be provided copies of any lease agreement, solar access easement, and plan for removal of system/equipment. If the system is to be interconnected to the local utility power grid, a copy of the conditional approval from the local utility must also be provided.

ix.

The farm and components shall meet all requirements of the North Carolina State Building Code.

x.

The farm and components shall comply with the current edition of the National Electrical Code, UL listed, and be designed with an anti-reflective coating.

xi.

The electrical disconnect switch shall be clearly identified and unobstructed, and shall be noted clearly on the site plan.

xii.

The owner or future owner of a property onto which a solar farm is installed assumes all risk associated with diminished performance of said system caused by any present or future adjacent structure or landscaping that may interfere with the system's ability to produce power at its rated capacity, regardless of when that adjacent structure or landscaping is constructed or installed.

(2)

R-20 single-family dwelling district.

a.

Temporary buildings;

b.

Planned residential developments;

c.

Child care/day care facility;

d.

All solar farms shall meet the following requirements:

1.

Setbacks: All solar panels, and any related equipment shall meet the principal building setbacks except where abutting residential property which requires a one hundred (100) feet minimum setback.

2.

Height: Individual module/panels shall be a maximum of twenty-five (25) feet in height as measured from the grade at the base of the structure to the apex of the structure.

3.

Site plan: A site plan, drawn and stamped by a North Carolina licensed surveyor or engineer, shall be submitted showing the following:

i.

The location and dimensions of all proposed areas for the placement of solar panels, mechanical buildings, screening/fencing and related improvements;

ii.

Distance of all structures from the property line;

iii.

Any preexisting structures on the same lot, and principal structures on other properties that would affect the placement of solar panels;

iv.

Parking and access areas;

v.

Location of any proposed solar access easements;

vi.

Location where wiring is brought together for inter-connection to system components and/or the local utility power grid, and location of disconnect switch;

vii.

Any proposed new structures; and

viii.

Any other relevant elements as requested by the planning and inspections department.

4.

Other requirements:

i.

Solar farms shall be fully screened from adjoining properties and adjacent roads by an evergreen buffer capable of reaching a height of ten (10) feet within three (3) years of planting, with at least seventy-five (75) percent opacity at the time of planting.

ii.

All outdoor lighting shall be full cut-off features and shall only illuminate onto the system's premises and surrounding fence area and may be of sufficient intensity to ensure security.

iii.

Solar panels shall be mounted onto a pole, rack or suitable foundation, in accordance with manufacturer specifications, in order to ensure the safe operation and stability of the system. The mounting structure (fixed or tracking capable) shall be comprised of materials approved by the manu-facturer, which are able to fully support the system components and withstand adverse weather conditions.

iv.

Multiple mounting structures shall be spaced apart at the distance recommended by the manufacturer to ensure safety and maximum efficiency.

v.

No ground-mounted large solar energy systems shall be affixed to a block wall or fence.

vi.

With the exception of the manufacturer's, or installer's identification, appropriate warning signs, and owner identification sign, all other signs shall be prohibited. Not more than one (1) manufacturer label bonded to or painted upon the solar energy system shall be permitted.

vii.

It is the responsibility of the owner to remove all obsolete or unused systems within twelve (12) months of cessation of operations.

viii.

The planning director shall be provided copies of any lease agreement, solar access easement, and plan for removal of system/equipment. If the system is to be interconnected to the local utility power grid, a copy of the conditional approval from the local utility must also be provided.

ix.

The farm and components shall meet all requirements of the North Carolina State Building Code.

x.

The farm and components shall comply with the current edition of the National Electrical Code, UL listed, and be designed with an anti-reflective coating.

xi.

The electrical disconnect switch shall be clearly identified and unobstructed, and shall be noted clearly on the site plan.

xii.

The owner or future owner of a property onto which a solar farm is installed assumes all risk associated with diminished performance of said system caused by any present or future adjacent structure or landscaping that may interfere with the system's ability to produce power at its rated capacity, regardless of when that adjacent structure or landscaping is constructed or installed.

(3)

R-10 single-family dwelling district.

a.

Duplex;

b.

Planned residential developments;

c.

Child care/day care facility;

d.

Bed and Breakfast;

e.

Small conference, meeting or banquet facility on a minimum of two (2) acres, and the facility must be located one hundred (100) feet from any adjacent lot used or zoned for residential purposes.

(4)

R-7 single-family dwelling district.

a.

Duplex;

b.

Planned residential developments;

c.

Child care/day care facility;

d.

An individual class A manufactured home, provided:

1.

All items listed in the definition of class A manufactured home are met or exceeded;

2.

The manufactured home meets the dimensional requirements as set forth in the R-7 zoning district.

(5)

R-M multi-family dwelling district.

a.

In general.

1.

Residential:

i.

Reserved;

ii.

Group care facility;

iii.

Single-family attached dwellings, multi-family dwellings;

iv.

Transitional housing facility;

v.

Sorority houses and fraternity houses;

vi.

Homes for the treatment of chronic illness or disability, such as nursing homes and homes for senior citizens, excluding hospitals for the treatment of communicable diseases and emergency cases;

vii.

Class A manufactured homes.

2.

Non-residential.

i.

Public and nonprofit institutions on a minimum land area of two (2) acres and of an educational, religious, or cultural type, excluding corrective institutions and hospitals for the treatment of communicable diseases and emergency cases;

ii.

Government buildings and uses and public utility uses, excluding warehouses, storage yards, and outside, overnight truck parking;

iii.

Public and private noncommercial recreational uses and facilities, such as country clubs, and golf courses, parks and playgrounds;

iv.

Reserved;

v.

Reserved.

b.

Accessory conditional uses: The following accessory conditional uses shall be permitted in an R-M multifamily dwelling district, provided that when any such use shall be detached from the principal structure of the property on which it is located, such use shall be located in the rear yard and not less than thirty (30) feet from any street right-of-way:

1.

Automobile parking and garages, only as an accessory use to the principal;

2.

Reserved;

3.

Club house, child care facility, recreational facilities, laundry room, for use of tenants, employees, patients, patrons, students or visitors and not the general public;

4.

Reserved;

5.

Private, noncommercial swimming pool, meeting the requirements of the North Carolina Building Code for residential swimming pools.

c.

Dimensional requirements for R-M multi-family dwelling district conditional uses. Lots and structures in an R-M multi-family dwelling district shall conform to the following dimensional requirements:

1.

Minimum requirements for all conditional uses except single-family dwellings:

i.

Depth of front yard: Thirty (30) feet.

ii.

Depth of rear yard: Fifteen (15) feet.

iii.

Width of side yard: Fifteen (15) feet.

iv.

Width of lot: Seventy (70) feet, plus five (5) feet per dwelling unit.

v.

Depth of lot: One hundred (100) feet.

vi.

Area of lot: Six thousand (6,000) square feet, plus two thousand (2,000) square feet per dwelling unit, plus two thousand (2,000) square feet per building used for dwelling purposes.

vii.

Distance between buildings: Forty (40) feet, except where no windows face upon the space between buildings, in which case the minimum distance between buildings shall be ten (10) feet.

2.

Minimum requirements for each single-family attached dwelling:

i.

Depth of front yard: Twenty-five (25) feet.

ii.

Depth of rear yard: Twenty-five (25) feet.

iii.

Width of side yard: None, except on a side not attached by party wall arrangement to another single-family attached dwell-ing, in which case the minimum side yard shall be fifteen (15) feet.

iv.

Width of lot: Thirty (30) feet.

v.

Depth of lot: Ninety (90) feet.

vi.

Area of lot: Three thousand (3,000) square feet.

(6)

C-1 central commercial district.

a.

Reserved;

b.

ABC stores;

c.

Commercial recreation (indoor) poolrooms, bowling alleys, arcades, etc.;

d.

Indoor flea markets and discount stores;

e.

Reserved;

f.

Child care center;

g.

Certified adult day care program;

h.

Public open air market;

i.

Sports bars, dance clubs, private clubs and similar activities;

j.

Dance schools and similar instruction;

k.

Rehabilitation facilities, nursing homes, treatment of chronic illness, disabilities and senior citizens;

l.

Private meeting hall and fraternal organization with an occupancy of fifty (50) or more people;

m.

Banquet hall and event venue (i.e., weddings, parties, etc.).

(7)

C-2 shopping center district.

a.

Reserved;

b.

Electronic gaming operations and similar activities.

1.

In addition to the regulations provided for elsewhere in this code, electronic gaming operations shall be subject to the following requirements:

i.

Hours of operation. Electronic gaming operations may operate from 8:00 a.m. until 11:00 p.m., seven (7) days per week;

ii.

Spacing requirements.

A.

Each electronic gaming operation must be a minimum of six hundred (600) feet from any building being used as a dwelling.

B.

Each electronic gaming operation must be a minimum of one-half-mile from any other electronic gaming operation.

C.

For the purposes of this subsection, the distance shall be measured in a straight line from the closest point between the building housing the electronic gaming operation and the building housing the dwelling or other electronic gaming operation.

iii.

All applicable state and local permits and business licenses must be issued to the applicant prior to the opening of the business.

c.

Child care center;

d.

Certified adult day care program;

e.

Commercial recreation (indoor) poolrooms, bowling alleys, arcades, etc.;

f.

Sports bars, dance clubs, private clubs and similar activities;

g.

Dance schools and similar instruction;

h.

Upper floor residential dwelling unit (mixed use);

i.

Private meeting hall and fraternal organization with an occupancy of fifty (50) or more people;

j.

Banquet hall, event venue (i.e., weddings, parties, etc.).

(8)

C-3 highway commercial district.

a.

Reserved;

b.

ABC stores;

c.

Drive-in theaters, the parcel must be at least four (4) acres in size and the picture screen area shall not be visible from the highway;

d.

Group care facility;

e.

Transitional housing facility;

f.

Electronic gaming operations and similar activities;

1.

In addition to the regulations provided for elsewhere in this code, electronic gaming operations shall be subject to the following requirements:

i.

Hours of operation. Electronic gaming operations may operate from 8:00 a.m. until 11:00 p.m., seven (7) days per week;

ii.

Spacing requirements.

A.

Each electronic gaming operation must be a minimum of six hundred (600) feet from any building being used as a dwelling.

B.

Each electronic gaming operation must be a minimum of one-half-mile from any other electronic gaming operation.

C.

For the purposes of this subsection, the distance shall be measured in a straight line from the closest point between the building housing the electronic gaming operation and the building housing the dwelling or other electronic gaming operation.

iii.

All applicable state and local permits and business licenses must be issued to the applicant prior to the opening of the business.

g.

Reserved;

h.

Child care center;

i.

Certified adult day care program;

j.

Commercial recreation (indoor) poolrooms, bowling alleys, arcades, etc.;

k.

Sports bars, dance clubs, private clubs and similar activities;

l.

Upper floor residential dwelling unit (mixed use);

m.

Rehabilitation facilities, nursing homes, treatment of chronic illness, disabilities and senior citizens;

n.

Private meeting hall and fraternal organization with an occupancy of fifty (50) or more people;

o.

Banquet hall, event venue (i.e., weddings, parties, etc.).

(9)

C-4 neighborhood business district.

a.

Reserved;

b.

Reserved;

c.

Child care center;

d.

Certified adult day care program;

e.

Apothecary;

f.

Grocery store;

g.

Bed and breakfast;

h.

Upper floor residential dwelling unit (mixed use);

i.

Restaurants, indoor and drive-ins, drive-thru;

j.

Recreational facilities, public and private, non-commercial, i.e. parks and playgrounds.

(10)

O & I office and institutional district.

a.

Apothecary;

b.

Hospitals/professional medical complex (emergency care);

c.

Bed and breakfast;

d.

Child care center;

e.

Certified adult day care program;

f.

Recreational facilities, public and private, non-commercial, i.e. parks and playgrounds;

g.

Rehabilitation facilities, nursing homes, treatment of chronic illness, disabilities and senior citizens;

h.

Dance schools and similar instruction;

i.

Upper floor residential dwelling unit (mixed use);

j.

Single-family dwellings and duplexes;

k.

Homes for treatment (group homes), seniors, disabled;

l.

Group care facility;

m.

Transitional housing facility;

n.

Microbrewery.

(11)

I-100 industrial district.

a.

Trailer parks;

b.

Junkyards or salvage yards, provided that in the interest of safety to children and adjacent property, such facilities shall be completely encompassed by a blind fence;

c.

Class A manufactured home, provided the following conditions are met:

1.

The manufactured home is set up and installed in accordance with the appearance criteria set forth in the Addendum to the City of Dunn Zoning Ordinance for Manufactured Housing.

2.

The manufactured home meets the dimensional requirements as set forth in the R-7 zoning district.

3.

The proposed use will be in harmony with the surrounding area.

4.

The proposed use will not constitute a danger to public health or safety.

5.

The proposed property may not be contiguous to an industrial site.

d.

Any industrial use which the city council, after having received a report and recommendation from the planning board, finds can conform to the following requirements:

1.

There is no unusual fire, explosion, or safety hazard. All activities involving customary hazards are provided with adequate safety devices, and there shall be no burning of waste materials in open fire.

2.

There are no activities which emit dangerous radioactivity or undue electrical disturbances.

3.

There is no production of noise detectable at any property line of the property on which the use is located, which exceeds, both in intensity and frequency, normal street and air traffic noises or is otherwise more offensive than such.

4.

There is no emission of smoke in excess of any density described as number 1, as measured by a standard Ringelmann Chart, as prepared by the United States Bureau of Mines, provided that smoke of a density not in excess of number 2 on a Ringelmann Chart will be permitted for a period not in excess of four (4) minutes in any thirty-minute period.

5.

There are no toxic or offensive odors, dust, dirt, or gas discernible at any property line of the property on which the use is located.

6.

There is no production of heat or glare perceptible at any property line of the property on which the use is located.

7.

There is no vibration which is discernible without instruments at any property line of the property on which the use is located.

e.

Solar farms. All solar farms shall meet the following requirements:

1.

Setbacks: All solar panels, and any related equipment shall meet the principal building setbacks except where abutting residential property which requires a one hundred (100) feet minimum setback.

2.

Height: Individual module/panels shall be a maximum of twenty-five (25) feet in height as measured from the grade at the base of the structure to the apex of the structure.

3.

Site plan: A site plan, drawn and stamped by a North Carolina licensed surveyor or engineer, shall be submitted showing the following:

i.

The location and dimensions of all proposed areas for the placement of solar panels, mechanical buildings, screening/fencing and related improvements;

ii.

Distance of all structures from the property line;

iii.

Any preexisting structures on the same lot, and principal structures on other properties that would affect the placement of solar panels;

iv.

Parking and access areas;

v.

Location of any proposed solar access easements;

vi.

Location where wiring is brought together for inter-connection to system components and/or the local utility power grid, and location of disconnect switch;

vii.

Any proposed new structures; and

viii.

Any other relevant elements as requested by the planning and inspections department.

4.

Other requirements:

i.

Solar farms shall be fully screened from adjoining properties and adjacent roads by an evergreen buffer capable of reaching a height of ten (10) feet within three (3) years of planting, with at least seventy-five (75) percent opacity at the time of planting.

ii.

All outdoor lighting shall be full cut-off features and shall only illuminate onto the system's premises and surrounding fence area and may be of sufficient intensity to ensure security.

iii.

Solar panels shall be mounted onto a pole, rack or suitable foundation, in accordance with manufacturer specifications, in order to ensure the safe operation and stability of the system. The mounting structure (fixed or tracking capable) shall be comprised of materials approved by the manu-facturer, which are able to fully support the system components and withstand adverse weather conditions.

iv.

Multiple mounting structures shall be spaced apart at the distance recommended by the manufacturer to ensure safety and maximum efficiency.

v.

No ground-mounted large solar energy systems shall be affixed to a block wall or fence.

vi.

With the exception of the manufacturer's, or installer's identification, appropriate warning signs, and owner identification sign, all other signs shall be prohibited. Not more than one (1) manufacturer label bonded to or painted upon the solar energy system shall be permitted.

vii.

It is the responsibility of the owner to remove all obsolete or unused systems within twelve (12) months of cessation of operations.

viii.

The planning director shall be provided copies of any lease agreement, solar access easement, and plan for removal of system/equipment. If the system is to be interconnected to the local utility power grid, a copy of the conditional approval from the local utility must also be provided.

ix.

The farm and components shall meet all requirements of the North Carolina State Building Code.

x.

The farm and components shall comply with the current edition of the National Electrical Code, UL listed, and be designed with an anti-reflective coating.

xi.

The electrical disconnect switch shall be clearly identified and unobstructed, and shall be noted clearly on the site plan.

xii.

The owner or future owner of a property onto which a solar farm is installed assumes all risk associated with diminished performance of said system caused by any present or future adjacent structure or landscaping that may interfere with the system's ability to produce power at its rated capacity, regardless of when that adjacent structure or landscaping is constructed or installed.

(12)

I-10 restricted industrial district.

a.

Any industrial use which the city council, after having received a report and recommendation from the planning board, finds can conform to the following requirements:

1.

There is no unusual fire, explosion, or safety hazard. All activities involving customary hazards are provided with adequate safety devices, and there shall be no burning of waste materials in open fire.

2.

There are no activities which emit dangerous radioactivity or undue electrical disturbances.

3.

There is no production of noise detectable at any property line of the property on which the use is located, which exceeds, both in intensity and frequency, normal street and air traffic noises or is otherwise more offensive than such.

4.

There is no emission of smoke in excess of any density described as number 1, as measured by a standard Ringelmann Chart, as prepared by the United States Bureau of Mines, provided that smoke of a density not in excess of number 2 on a Ringelmann Chart will be permitted for a period not in excess of four (4) minutes in any thirty-minute period.

5.

There are no toxic or offensive odors, dust, dirt, or gas discernible at any property line of the property on which the use is located.

6.

There is no production of heat or glare perceptible at any property line of the property on which the use is located.

7.

There is no vibration which is discernible without instruments at any property line of the property on which the use is located.

b.

Solar farms. All solar farms shall meet the following requirements:

1.

Setbacks: All solar panels, and any related equipment shall meet the principal building setbacks except where abutting residential property which requires a one hundred (100) feet minimum setback.

2.

Height: Individual module/panels shall be a maximum of twenty-five (25) feet in height as measured from the grade at the base of the structure to the apex of the structure.

3.

Site plan: A site plan, drawn and stamped by a North Carolina licensed surveyor or engineer, shall be submitted showing the following:

i.

The location of dimensions of all proposed areas for the placement of solar panels, mechanical buildings, screening/fencing and related improvements;

ii.

Distance of all structures from the property line;

iii.

Any preexisting structures on the same lot, and principal structures on other properties that would affect the placement of solar panels;

iv.

Parking and access areas;

v.

Location of any proposed solar access easements;

vi.

Location where wiring is brought together for inter-connection to system components and/or the local utility power grid, and location of disconnect switch;

vii.

Any proposed new structures; and

viii.

Any other relevant elements as requested by the planning and inspections department.

4.

Other requirements:

i.

Solar farms shall be fully screened from adjoining properties and adjacent roads by an evergreen buffer capable of reaching a height of ten (10) feet within three (3) years of planting, with at least seventy-five (75) percent opacity at the time of planting.

ii.

All outdoor lighting shall be full cut-off features and shall only illuminate onto the system's premises and surrounding fence area and may be of sufficient intensity to ensure security.

iii.

Solar panels shall be mounted onto a pole, rack or suitable foundation, in accordance with manufacturer specifications, in order to ensure the safe operation and stability of the system. The mounting structure (fixed or tracking capable) shall be comprised of materials approved by the manu-facturer, which are able to fully support the system components and withstand adverse weather conditions.

iv.

Multiple mounting structures shall be spaced apart at the distance recommended by the manufacturer to ensure safety and maximum efficiency.

v.

No ground-mounted large solar energy systems shall be affixed to a block wall or fence.

vi.

With the exception of the manufacturer's, or installer's identification, appropriate warning signs, and owner identification sign, all other signs shall be prohibited. Not more than one (1) manufacturer label bonded to or painted upon the solar energy system shall be permitted.

vii.

It is the responsibility of the owner to remove all obsolete or unused systems within twelve (12) months of cessation of operations.

viii.

The planning director shall be provided copies of any lease agreement, solar access easement, and plan for removal of system/equipment. If the system is to be interconnected to the local utility power grid, a copy of the conditional approval from the local utility must also be provided.

ix.

The farm and components shall meet all requirements of the North Carolina State Building Code.

x.

The farm and components shall comply with the current edition of the National Electrical Code, UL listed, and be designed with an anti-reflective coating.

xi.

The electrical disconnect switch shall be clearly identified and unobstructed, and shall be noted clearly on the site plan.

xii.

The owner or future owner of a property onto which a solar farm is installed assumes all risk associated with diminished performance of said system caused by any present or future adjacent structure or landscaping that may interfere with the system's ability to produce power at its rated capacity, regardless of when that adjacent structure or landscaping is constructed or installed.

(Code 1974, § 25-111; Ord. of 1-5-89(2); Ord. No. 1995-001, 4-7-95; Ord. No. 2000-02, 4-6-00; Ord. No. 02003-16, 12-10-03; Ord. No. 02004-01, 3-4-04; Ord. No. 02004-02, 3-4-04; Ord. No. 02004-05, 3-4-04); Ord. No. 02004-08, 5-6-04; Ord. No. 02004-09, 5-6-04; Ord. No. 02004-10, 5-6-04; Ord. No. 02005-03, 2-3-05; Ord. No. O2006-05, 9-7-06; Ord. No. 02008-05, 2-7-08; Ord. No. 02008-15, 11-17-08; Ord. No. O2010-03, 4-13-10; Ord. No. 2013-05, 7-9-13; Ord. No. O2014-17(Att. #1), 12-9-2014; Ord. No. O2020-03, 3-10-20)

The variance procedure for the board of adjustment shall not be interpreted to cover use variances in a zoning district. A use variance shall be defined as allowing a use within a zoning district which is not listed as permitted or conditional use.

(Code 1974, § 25-112)

For uses listed as conditional in each zoning district, the city council shall hear and decide on applications to permit the proper integration into the community of uses which may be suitable only in specific locations in a district or only if such uses are designed or laid out on the site in a particular manner. All applications for conditional use permits shall be reviewed by the planning board and recommendations made by the planning board shall be considered by the board of commissioners in actions related to the application.

(Code 1974, § 25-113)

(a)

Submission. Applications for conditional use permits, signed by the applicant, shall be addressed to the board of commissioners and presented to the zoning administrator.

(b)

Fee. A fee shall be paid to the city for each application to cover the costs of advertising and administrative costs.

(c)

Contents. Each application shall contain or be accompanied by such legal descriptions, maps, plans, and other information so as to completely describe the proposed use and existing conditions.

(d)

Forwarding to council; notice to planning board. The application shall be forwarded to the city council, and the zoning administrator shall notify the chairman of the planning board of the application.

(Code 1974, § 25-114; Ord. No. O2010-13, 10-12-10)

(a)

Scheduling. The mayor shall schedule a public hearing on the application for a conditional use permit to be held within sixty (60) days after the application is filed.

(b)

Publication and posting of notice. Public notice of the hearing shall be published in a newspaper of general circulation in the city at least once each week for two (2) successive weeks prior to the public hearing. The zoning administrator shall also post notice on the property involved for a period of one (1) week prior to the hearing.

(Code 1974, § 25-115; Ord. No. O2010-13, 10-12-10)

The planning board shall review the application for a conditional use permit prior to the public hearing and shall present its recommendations to the city council at the public hearing. The planning board may revise its recommendations following the public hearing and present such recommendations to the city council before action is taken by the city council.

(Code 1974, § 25-116)

(a)

Required. The city council shall approve, modify, or deny the application for a conditional use permit following the public hearing.

(b)

Written findings to accompany grant. In granting a conditional use permit, the city council shall make written findings that the specific requirements of articles II, III, IV and VI of this chapter are fulfilled. With due regard to the nature and state of all adjacent structures and uses, the district within which such use is located, and official plans for future development, the city council shall also make written findings that the following provisions are fulfilled:

(1)

The use requested is listed among the conditional uses in the district for which the application is made.

(2)

The requested use is essential or desirable to the public convenience or welfare.

(3)

The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare.

(4)

The requested use will be in conformity with the land development plan.

(5)

Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided.

(c)

Conditions attached to permit grant. The city council may attach conditions to a conditional use permit as may be necessary to accomplish the objectives of this article.

(1)

Such conditions may include a time limitation.

(2)

Conditions may be imposed which require that one or more things be done before the use requested can be initiated. For example, "that a solid board fence be erected entirely around the site to a height of six (6) feet before the use requested is initiated."

(3)

Conditions of a continuing nature may be imposed.

(Code 1974, § 25-117)

Granting of a conditional use permit does not exempt applicant from complying with all of the requirements of building codes, other provisions of this Code, or other ordinances of the city.

(Code 1974, § 25-118)

In any case where the conditions of a conditional use permit have not been or are not being complied with, the zoning administrator shall give the permittee notice of intention to revoke such permit at least ten (10) days prior to a city council review thereon. After conclusion of the review, the city council may revoke such permit.

(Code 1974, § 25-119; Ord. No. O2010-13, 10-12-10)

In any case where a conditional use permit has not been exercised within the time limit set by the city council or within one (1) year if no specific time limit has been set, the permit shall be null and void without further action. The word "exercised" as set forth in this section shall mean that binding contracts for the construction of the main building have been let; in the absence of contracts, that the main building is under construction to a substantial degree; or that prerequisite conditions involving substantial investment are contracted for, in substantial development, or completed. When construction is not a part of the use, the word "exercised" shall mean that the use is in operation in compliance with the conditions as set forth in the permit.

(Code 1974, § 25-120)

Planned developments are of such substantially different character from other conditional uses that specific and additional standards and exceptions are hereby established to guide the recommendations of the planning board and the action of the city council in granting conditional use permits.

(Code 1974, § 25-121)

Some specific purposes of the planned development procedure are to:

(1)

Residential planned development. Offer recreational opportunities close to home; enhance the appearance of neighborhoods by the conservation of streams and local spots of natural beauty; add to the sense of spaciousness through the preservation of natural green spaces; counteract the effects of urban monotony and congestion in the streets; encourage cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts in new residential subdivisions; promote harmonious architecture between adjacent dwellings or institutional buildings; and encourage the placement of structures in proper relationship to the natural characteristics of the site;

(2)

Business planned development. Promote the cooperative development of business centers, each with adequate off-street parking; control traffic; aid in stabilizing property values; develop centers of size and location compatible with the market potential; buffer adjacent commercial structures and compatibility between homes and commercial structures;

(3)

Industrial planned development. Promote the establishment of industrial parks; permit groups of industrial buildings with integrated design and a coordinated physical plan; encourage recreational facilities within industrial areas; and buffer adjacent residential areas with landscaped green spaces.

(Code 1974, § 25-122)

The developer of a planned development shall be required to submit the following information and any other information that may be required by the planning board:

(1)

Site plan. A site plan drawn to scale indicating the arrangement and tentative location of buildings, uses permitted, land to be preserved as permanent common open space, parking and loading spaces, and other special features of the development plan;

(2)

Protective covenants. A draft of the proposed protective covenants whereby the owner proposes to regulate land use and otherwise protect the proposed development;

(3)

Incorporation agreements; maintenance agreements. A draft of any proposed incorporation agreement and a draft of any bylaws or easement declarations concerning maintenance of recreational and other common facilities;

(4)

Data on market potential. Data on the market potential necessary to support the location of the site and the size of uses in any planned development.

(Code 1974, § 25-123)

The planning board may recommend and the city council may authorize that there be in part of the area of a planned development, and for the duration of such development, specified uses not permitted by the use regulations of the district in which such development is located, provided that the planning board shall find that:

(1)

The uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development;

(2)

The uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood; and

(3)

Not more than thirty (30) percent of the ground area nor more than fifty (50) percent of the gross floor area of such development shall be devoted to the use permitted by such exception.

(Code 1974, § 25-124)

In any case of any planned development, the planning board may recommend and the city council may authorize exceptions to the applicable bulk regulations of this chapter within the boundaries of such development, provided that the planning board shall find that:

(1)

Such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as well as the neighboring property, than would be obtained under the bulk regulations of this chapter for buildings developed on separate zoning lots;

(2)

Spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of this chapter on separate zoning lots; it does not apply in corner-to-corner placement of buildings where perpendicular wall exposures do not overlap, due consideration being given to the openness normally afforded by intervening streets and alleys;

(3)

Along the periphery of such planned developments, yards shall be provided as required by the regulations of the district in which such development is located; and

(4)

In a residential planned development the maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the district in which the area is located, and then increasing this number by fifteen (15) percent. Net development area shall be determined by subtracting the area set aside for nonresidential uses from the gross development area and deducting ten (10) percent of the remainder for streets regardless of the amount of land actually required for streets. The area of land set aside for common open or recreational use may be included in determining the number of dwelling units permitted.

(Code 1974, § 25-125)

(a)

Defined. With respect to planned developments, the term "permanent common open space" shall mean any land held and developed as permanent open space or any land dedicated to the public as parks, playgrounds, parkway medians, landscaped green space, schools, community centers, or other similar areas held in public ownership or covered by an open space easement.

(b)

Amount required. No plan for a planned development shall be approved unless such plan provides for permanent open space equivalent to twenty (20) percent of the total area in single-family residential planned developments, thirty (30) percent in multiple-family planned developments, and five (5) percent in business and industrial planned developments.

(Code 1974, § 25-126)

Provided that the overall number of dwelling units per acre (density) is not increased beyond the provisions of subsection (4) of section 22-505, and provided that the permanent common open space is in accord with section 22-506, the planned development may include minimum lot areas per dwelling unit which are less than required in the applicable zoning district.

(Code 1974, § 25-127)

(a)

Purpose. Conditional zoning districts are zoning districts in which the development and use of the property is subject to predetermined standard rules, regulations and conditions imposed as part of a legislative decision creating a conditional zoning district and applying it to a particular property. A conditional zoning district allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Certain land uses are of a nature or scale that they have significant impact on both the immediate area and the community as a whole, which cannot be predetermined and controlled by general district designations or standards. There are also circumstances, in which a general district designation allowing such a use by right, would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate using a conditional zoning district consistent with the adopted land use plan, transportation plan, pedestrian plan and other plans to be adopted in the future, (hereinafter referred to as ("plans"), regulations and conditions meeting the objectives of the conditional zoning district regulations.

(b)

Review process. The review process established in this division provides for the accommodation of standards, regulations and conditions of such uses by the reclassification of property into a conditional zoning district, subject to specific conditions which ensure compatibility of the use with the use of adjacent properties, and adopted plans by the city.

(Ord. No. O2009-21, 12-8-09)

(a)

Property may be considered for rezoning to a conditional zoning districts only through the submission of a petition by the owner(s) of all the property to be included in the district. A petition for conditional zoning must include a completed petition and supporting information and text that specifies intended uses of the property and any rules, regulations and conditions that will govern the development and use of the property. In addition, the following information must be provided, as a minimum for consideration of the conditional zoning:

(1)

A boundary survey, with metes and distances showing the property's gross acreage, current zoning classification(s), the location of all existing structures and driveways, the distances to adjacent structures, the location and pavement edges of adjacent public streets, railroad right-of-way, bodies of water (ponds, lakes, streams, rivers, creeks), date of submittal, north arrow, drawn to scale, and vicinity map;

(2)

A statement with each petition analyzing the reasonableness of the proposed conditional zoning. The statement shall include, but not be limited to, the following:

a.

The conditional zoning compatibility with the adopted plans of the city;

b.

The benefits and detriments of the conditional zoning for the subject property, neighboring properties and the surrounding community; and

c.

The conditional zoning compatibility with the existing land uses on adjacent and neighboring tracts.

(3)

Any conditions and site specific standards for a conditional zoning district demonstrating the conformance of the proposed development and use of the site to city ordinances and any officially adopted comprehensive plan or other plan and those that address the impacts reasonably expected to be generated by the development or use of the site.

(b)

In the course of evaluating a petition for a conditional zoning district for a proposed use or development, the city planning board or city council may request additional information from the petitioner.

(c)

The petitioner for a conditional zoning district shall submit the appropriate number of copies of the petition and supporting documents as is required by the city. The submittal of a "site specific" plan with the petition is optional.

(Ord. No. O2009-21, 12-8-09)

Conditional zoning district decisions are a legislative process subject to judicial review using the same procedures and standards of review as applicable to general use district zoning decisions. In considering any petition for a conditional zoning district, the city council shall conduct meetings, hearings and decisions in accordance with the procedures and standards authorized through the City Code, conditional zoning district decisions may be made in consideration of the identified relevant adopted plans and other policy documents of the city.

(Ord. No. O2009-21, 12-8-09; Ord. No. O2017-10, 4-11-17)

In approving a petition for the reclassification of property to a conditional zoning district, the city council may request, and the petitioner agrees that reasonable and appropriate conditions be attached with approval of the petition. Any such conditions should relate to the relationship of the proposed use or development to surrounding property, adopted plans, and other issues unique to the petition that the city council may find appropriate and in the best interest of the city, or the petitioner may propose and agree upon. The petitioner shall have a reasonable opportunity to consider and respond to any such conditions proposed by the city prior to final action on the petition by the city council.

(Ord. No. O2009-21, 12-8-09)

(a)

If a petition for conditional zoning is approved, the development and/or use of the property shall be governed by the predetermined applicable underlying district category of uses, and any additional approved rules, regulations and conditions, all of which shall constitute the zoning regulations for the approved conditional zoning district and are binding on the property as an amendment to these regulations and to the zoning maps.

(b)

If a petition is approved, the petitioner shall comply with the requirements established by the city to obtain a building permit and certificate of occupancy. Only those uses and structures identified in the approved petition and shall be allowed on the subject property.

(c)

Upon the approval of the petition for a conditional zoning districts, the subject property shall be identified on the "official zoning map" by the appropriate district designation. A parallel conditional zoning designation shall be identified with the underlying general district followed by the letters "CZD (example R-10 (CZD)").

(Ord. No. O2009-21, 12-8-09)

Changes to an approved petition for a conditional zoning district and/or the conditions attached to the approval petition shall be treated the same as an amendment to these regulations or to the zoning map and shall be processed in accordance with the procedures in this chapter as if a new petition.

(Ord. No. O2009-21, 12-8-09)