Certain land uses, due to their unique functional characteristics and the potential for their incompatibility with adjoining land uses, require special consideration on an individual basis of their suitability for location and development within particular zoning districts. Such uses have been designated as conditional uses within appropriate zoning district classifications set forth in Article V. It is the intent of this chapter that said uses may be permitted within the zoning district classifications where listed only after affirmative findings that they can be developed at particular locations in a compatible manner.

(Ord. No. 85-8, § 2, 5-21-85)

(a)

Application limitations. No application for a conditional use shall be accepted for filing if all or any portion of the land which is the subject of the application was part of a previous application meeting any of the following conditions:

(1)

An application denied by the city council for the same conditional use within the previous twelve-month period;

(2)

An application allowed to be withdrawn by the city council within the previous twelve-month period and relating to the same conditional use;

The time limits set forth above may be waived by the city council when such action is deemed necessary to prevent injustice or to facilitate the proper development of the city.

(b)

Application for a conditional use shall be filed with the chief building official upon a standard form as may be provided therefor and shall include all necessary information and drawings as may be required to clearly describe the nature and intent of the conditional use sought. The applicant shall be required to pay a fee as set forth in chapter 25 of the Code of Ordinances to defray the cost of processing the request. An application shall be accepted only for a conditional use which is permissible within the zoning district classification applying to the subject property.

(Ord. No. 85-8, § 2, 5-21-85; Ord. No. 87-1, § 7, 3-3-87; Ord. No. 91-16, § 10, 10-15-91; Ord. No. 2005-02, § 4, 2-15-05)

The chief building official shall provide the city clerk with the application, supporting documents, and his/her recommendation at least fourteen (14) calendar days prior to the planning and zoning board meeting, and the city clerk shall thereupon file said application with the planning and zoning board. The board shall review the application to determine the suitability for development of the proposed use at the subject location. Within its review the board shall give consideration to the requirements for approval set forth in section 22-8.05. Following its review, the planning and zoning board shall submit its recommendation on the application to the city council.

(Ord. No. 85-8, § 2, 5-21-85)

Following the review and recommendation of the planning and zoning board, the city council shall hold a public hearing on the application for conditional use. Notice of said hearing shall be provided in accordance with this chapter.

(Ord. No. 85-8, § 2, 5-21-85; Ord. No. 2007-03, § 7, 4-3-07)

Approval of a conditional use application shall be granted by the city council only upon a finding that:

(1)

Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency.

(2)

Adequate off-street parking and loading areas may be provided, without creating undue noise, glare, odor, or other detrimental effects upon adjoining properties.

(3)

Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development.

(4)

Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties.

(5)

Signs, if any, and proposed exterior lighting will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties.

(6)

Yards and open spaces will be adequate to properly serve the proposed development and to ensure compatibility with adjoining properties.

(7)

The use as proposed will be in conformity with all stated provisions and requirements of this chapter.

(8)

Establishment and operation of the proposed use upon the particular property involved will not impair the health, safety, welfare, or convenience of residents.

(9)

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use the facility, or because of vehicular movements, noise, fume generation, or type of physical activity.

(10)

The use as proposed for development will be compatible with the existing or permitted use of adjacent properties and other property within the zoning district.

(11)

Development and operation of the proposed use will be in full compliance with any additional stipulations, conditions and safeguards which the city council may prescribe, including but not limited to a reasonable time limit within which the action for which special approval is requested shall be begun or completed, or both.

(Ord. No. 85-8, § 2, 5-21-85)

The decision of the city council may be to approve, approve with stipulations, conditions and safeguards, or deny any application for a conditional use. A record of all decisions of the city council on conditional uses shall be maintained within the offices of the city clerk and the chief building official.

(Ord. No. 85-8, § 2, 5-21-85)

No permit for construction shall be issued until and unless any proposed construction is found to be in full compliance with the approval action of the city council, including any stipulations, conditions and safeguards incorporated therein. No certificate of occupancy shall be issued until the chief building official has inspected the site for compliance with the approval action of the city council and has determined that all requirements, conditions, and stipulations embodied within said approval action have been met.

(Ord. No. 85-8, § 2, 5-21-85)