Conditional use permits, for uses other than those permitted without review in a particular district, are intended to provide for individual or community needs where they may be appropriate. Subject to provisions of this chapter, conditional uses shall, in a general sense, be considered permitted uses in particular use districts and zones. Conditional uses possess characteristics of such unique and special forms that each such use shall be considered on an individual case and, if permitted, shall be subjected to those conditions deemed necessary by the board of adjustment to prevent unduly negative impacts. (Ord. 783, 6-7-1993)

   (A)   No structure or land may be used for any purpose, or be constructed, designed or altered for such purpose, in a district where such use is not listed as a permitted use, unless such use is provided for in this chapter and a conditional use permit is first obtained.

   (B)   No conditional use, conducted pursuant to any conditional use permit, may be expanded or enlarged, unless such expansion or enlargement is first reviewed and approved pursuant to this chapter.

   (C)   A conditional use permit shall be granted by the board of adjustment only upon the basis of a statement of findings, warranted by the facts, circumstances and evidence of record, that:

      1.   The proposed use conforms generally to the objectives of the comprehensive plan;

      2.   The proposed use will not adversely affect nearby properties or their occupants by:

         (a)   Measurably and substantially reducing the value or marketability of such properties;

         (b)   Substantially increasing traffic, noise, glare or odor on or adjacent to such properties;

         (c)   Substantially reducing or impairing the full enjoyment of such properties for the uses or purposes to which the same are presently put;

         (d)   Causing or increasing the likelihood of danger or peril from crime, fire or other hazard to the public health, safety or welfare, or substantial magnitude.

      3.   The proposed use meets the overall density, coverage, yard and/or other applicable regulations of the district in which it is to be located;

      4.   The provisions and requirements of subsection 11-5-3(B) of this chapter will be met; and

      5.   A public hearing has been held by the zoning board of adjustment, after the required legal notices have been given, and the public has been given an opportunity to be heard upon the matter. (Ord. 783, 6-7-1993)

   (A)   A person desiring a conditional use permit shall apply for the same at the office of the director of public works, on the appropriate forms, and shall pay any required fee.

   (B)   All applications for conditional use permits shall indicate that:

      1.   Ingress and egress to property and proposed structures will be provided, assure automotive and pedestrian safety and convenience, safe traffic flow and control, and access in case of fire or catastrophe;

      2.   Off street parking and loading areas will be provided as required by this title with particular attention to subsection (B)1 of this section and to any noise, glare, odor or other adverse effects of the use on adjoining and other properties;

      3.   Solid waste deposit and collection areas will be provided with reference to subsections (B)1 and (B)2 of this section;

      4.   Utilities will be installed and located as required with attention given to their compatibility with nearby properties;

      5.   Landscaping, and screening and buffering of adjacent properties, will be provided as required by this chapter; and

      6.   Any signs and exterior lighting will be established with concern for glare, traffic safety, compatibility and harmony with nearby properties, and the sign codes 1 .

   (C)   After an appropriate application has been filed and the required filing fee paid, the zoning board of adjustment shall make such an investigation of the facts bearing on the application as will provide information necessary to assure that the action on the application is consistent with the intent and purpose of this title and the provisions of the chapter. The zoning board of adjustment shall hold a public hearing on the application to gather facts and information from all interested parties. At least seven (7) days' notice of the hearing shall be published in an official newspaper or a newspaper of general circulation in the city. In addition, the notice shall be posted on the bulletin board at city hall at least seven (7) days in advance of the hearing. The zoning board of adjustment may continue the hearing, if necessary, to obtain additional information. If the hearing is continued, a second legal notice is not required if the time, date and location of the continued hearing is announced at the hearing and placed in the official record of the zoning board of adjustment.

   (D)   Following the public hearing, the zoning board of adjustment shall render its decision on the application, in writing, setting forth any and all pertinent facts in regard to the application, including the statement of findings required by subsection 11-5-2(C) of this chapter. The applicant shall be given a true and exact copy of the zoning board of adjustment's decision within thirty (30) days after the public hearing.

   (E)   The applicant for a conditional use permit, if the same is approved, may be required to assure the city of compliance with the requirements set forth in said permit. This assurance may be, at the zoning board of adjustment's discretion, in the form of a cashier's check, a performance bond, acceptable letter of credit, or cash placed in an escrow account in the amount of the estimated value of all required physical improvements, upon which the use is conditional, plus fifteen percent (15%). The value shall be determined by agreement between the public works director and the applicant, or its representative if it is an entity. Further, the public works director shall set forth the time or times by which the conditions are to be met. The applicant shall forfeit the security in the event the conditions are not met by the deadlines. The applicant shall be advised, in writing, twenty (20) days before the expiration of the time in which the conditions are to be met.

   (F)   A person possessing a conditional use permit issued by the city may apply to the city for an amendment to or extension of said conditional use permit. The issuance of an extended or amended conditional use permit shall be subject to the following terms and conditions:

      1.   Said application shall be received by the office of the director of public works prior to the expiration date noted on the original conditional use permit.

      2.   The applicant for an extended or amended conditional use permit shall follow the procedure set forth in and be subject to the terms and conditions of the following sections of this code:

         (a)   Section 11-5-2 of this chapter;

         (b)   Subsections (A), (B), (C), (D) and (E) of this section;

         (c)   Section 11-5-4 of this chapter.

      3.   The zoning board of adjustment shall hold a public hearing on said application for extension or amendment, notice of which shall be given as provided in subsection (C) of this section.

      4.   The zoning board of adjustment shall approve, deny or conditionally approve the extension or amendment of the conditional use permit. Any such decision approving or conditionally approving said extension or amendment shall be in writing and shall contain a statement of findings required by subsection 11-5-2(C) of this chapter.

   (G)   A fee for a conditional use application and for an amendment to or extension of a previously approved conditional use permit shall be set by a city council resolution after a public hearing held for such purposes. (Ord. 783, 6-7-1993)

The zoning board of adjustment may make the granting of a conditional use permit subject to such additional, reasonable limitations or conditions as it may impose upon structures, to reduce any adverse effects on nearby property or the occupants thereof, to preserve the character of the area, to protect or enhance the view from this or other properties, or to make the proposed use more acceptable in other ways. The zoning board of adjustment may further require as such a limitation or condition, that a building permit be obtained within a specific period of time. (Ord. 783, 6-7-1993)

The following conditional uses, and no others are permitted subject to the other provisions of this chapter:

   (A)   In The Class A-1, A-2 Districts:

Churches, church residences and private schools.

Group daycare centers, daycare centers and group daycare homes.

Mobile homes, located outside mobile home parks, limited to mobile homes constructed after June 15, 1976, certified to meet the construction standards of the U.S. department of housing and urban development, and which meet the following standards:

         (a)   Multisectional, twenty feet (20') wide at the narrowest point;

         (b)   Nonmetallic wood shake, fiberglass or asphalt shingle roof with minimum pitch of three to twelve (3:12);

         (c)   Eaves of six inches (6") minimum attached to perimeter of roof;

         (d)   Horizontal metal lap siding, simulated wood siding or wood siding;

         (e)   Complete perimeter enclosure similar in durability and appearance of masonry foundation;

         (f)   Anchoring system totally concealed under the structure; and

         (g)   Towing hitch, wheels and axles removed.

Nonboarding elementary, middle and high schools, including playgrounds and play fields incidental thereto.

Public and private parks not originally considered as part of a residential subdivision proposal.

Recreational facilities.

Residences previously constructed and moved to a site, which meet all applicable provisions of title 4 of this code.

   (B)   In The Residential General District:

Churches, church residences and private schools.

Clinics.

Drugstores and grocery stores, any of which do not exceed one thousand five hundred (1,500) square feet in gross floor area, and excluding accessory sales of gasoline and alcoholic beverages.

Group daycare homes, group daycare centers and daycare centers.

Hospitals

Nonboarding elementary, middle and high schools, including playgrounds and play fields incidental thereto.

Nursing homes.

Parking lots, if landscaped and screened and adjacent to a business district.

Professional and business offices.

Public and private parks.

Public libraries.

Recreational facilities.

Residences previously constructed and moved to a site, which meet all applicable provisions of title 4 of this code.

Residential condominiums.

Retirement homes.

Retirement homes, tourist homes, and rooming and boarding houses, any of which are located in structures constructed during or previous to 1935, and which contain at least three thousand five hundred (3,500) square feet of gross floor area.

Rooming and boarding houses.

Self-service or coin operated laundry.

Telephone building or local exchange; provided, that the design conforms to the residential character of the area.

Tourist homes.

Townhouses which meet the requirements of chapter 1 of this title.

Utility structures; provided, that they are landscaped and screened.

   (C)   In The Commercial-Local, Commercial Office Restricted, Commercial Intermediate And Commercial General Districts:

Conditional uses permitted in the class A-1, class A-2 and residential general districts, as set forth in subsections (A) and (B) of this section.

Other uses, subject to the terms and conditions of the following sections of this code:

         (a)   Section 11-5-2 of this chapter;

         (b)   Subsections 11-5-3(A), (B), (C), (D) and (E) of this chapter;

         (c)   Section 11-5-4 of this chapter. (Ord. 783, 6-7-1993)