68 - SPECIAL USES
Subject to the provisions of Sections 20.68.020 and 20.68.030, the board of adjustment by an affirmative vote of three-fifths of the members present may by resolution grant a special permit for the special uses enumerated in Section 20.68.040 in any district, as qualified in this chapter, and shall impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the comprehensive plan and to conserve and protect property and property values in the neighborhood.
(Ord. 1519 § 21, 1990)
Applications for permits for new construction, extension or alteration of existing uses including nonconforming uses and uses authorized by this chapter, with site plan and necessary descriptive material relating to the intensity and extent of use, shall be made to the board of adjustment. The report, with the application, plans and descriptive material, must then be submitted to the city plan commission to investigate and report as to the effect of such building or use upon the comprehensive plan, traffic and fire hazards, the character of the neighborhood and the general welfare of the community. No action shall be taken on the application by the board of adjustment until and unless the report of the plan commission has been filed; provided, however, that if no report is received from the commission within thirty days of referral, it shall be assumed that approval of the application has been given by the commission. A public hearing shall be held in relation to the plan before the board of adjustment, notice and publication of the time and place for which shall conform to the procedure prescribed in Section 20.76.050.
(1)
The board of adjustment shall determine whether such building or use will:
(A)
Substantially increase traffic hazards;
(B)
Substantially increase fire hazards;
(C)
Adversely affect the character of the neighborhood;
(D)
Adversely affect the general welfare of the community;
(E)
Overtax public utilities;
(F)
Be in conflict with the comprehensive city plan.
(2)
If the board's finding be negative as to all the subjects referred to in subsections (1)(A) through (1)(F) of this section, then the application shall be granted; if affirmative as to any subject, then such permit shall be denied.
(Ord. 1836 § 1 (part), 2007; Ord. 1771 § 1, 2004)
Any proposed special use shall otherwise comply with all the regulations set forth in this title for the district in which such use is located, except that the board of adjustment may permit hospitals and institutions to exceed the height limitations of such district.
(Ord. 986 (part), 1965: prior code § 26-19.2)
Special uses are as follows:
(1)
Any public building erected or used by any department of the city, county, state or federal government or a school district;
(2)
Cemetery, crematorium or mausoleum;
(3)
Church or other place of worship, or Sunday school;
(4)
Circus or carnival grounds, but not within three hundred feet of any R district and only for a temporary period not to exceed ten days;
(5)
Commercial, recreational or amusement development for temporary or seasonal periods;
(6)
Greenhouses and nurseries;
(7)
Hospital or institution; provided, that any hospital or institution permitted in any R district shall be located on a site of not less than five acres, shall not occupy more than forty percent of the total lot area and shall be set back from all yard lines at least two feet for each foot of building height; provided further, that the board of adjustment may issue special use permits for uses, modifications or additions to Keokuk Area Hospital, which will not conform with the yard area, yard line and setback requirements which would otherwise be applicable if sufficient intersection visibility is provided and if the criteria of Section 20.68.020 (1) are met;
(8)
Marina;
(9)
Nursing home in any R-1, R-2 or R-3 district;
(10)
Office buildings, but only within the R-4 district;
(11)
Privately operated community building or recreation field;
(12)
Public utilities buildings, substations or holding towers, power poles, telephone poles, commercial communication signal receiving or transmission distribution towers, antennas, or other similar structures or poles of any size. Replacement of individual power or telephone poles with a pole of the same dimensions shall not require a new special use permit be applied for or issued.
(13)
Residences as provided for in Chapter 20.28 of this code;
(14)
Religious, educational or eleemosynary institutes of a philanthropic nature but not a penal or mental institution;
(15)
Hospital or sanitarium, except criminal, mental or animal hospital;
(16)
Private clubs, fraternities, sororities or lodges, except one chief activity of which is a service customarily carried on as a business;
(17)
Parking lots on land within three hundred feet from the boundary of any commercial, business or industrial district; provided the following standards are met:
(A)
Ingress and egress to such lots shall be from a major street or from a street directly serving the commercial or business district,
(B)
No business involving the repair or service of vehicles, or sale or display thereof, shall be conducted on such parking areas,
(C)
No structures shall be erected or remain on any portion of the lot except as provided for under subsection (C) of subsection (18) of this section;
(18)
Parking areas in any district, provided the following standards are met:
(A)
Parking areas shall be used for parking patrons' private passenger vehicles only and no charge shall be made for parking within such premises,
(B)
The parking shall be set back in conformity with the established or required yards for residential uses,
(C)
The parking area shall be suitably screened or fenced, surfaced or drained, and maintained free of debris;
(19)
Medical clinics in any R-1, R-2 or R-3 district;
(20)
Child care facilities that provide for the care/instruction of more than six children at a time, including the provider's children; provided that, upon initial application, all abutting property owners consent in writing thereto; that annual registration or licensing is accomplished by the State Department of Human Services; that licensed providers are inspected by the fire department annually and that the facilities meet such safety and sanitary standards that are satisfactory to the registration or licensing agency and that such special use permit be automatically renewed annually, unless circumstances change which dictate a need for public hearing or complaints are received;
(21)
Private dancing schools in R areas shall be constituted in a special use category;
(22)
Bed and breakfast homes in all residential, commercial and floating zones contingent upon the following standards being met as indicated on an application containing the following information:
(A)
The structure must be owner-occupied or have a dwelling unit within, which will be the residence of the host or hostess/operator(s),
(B)
Five or less guestrooms be made available for use as sleeping rooms. If three or more families are to be accommodated, requirements of the local board of health must be met,
(C)
Off-street parking be provided at the rate of one space per guestroom plus one for the owner/occupant or host. Parking spaces may have appropriate conditions set by the board of adjustment for their locations, surfacing, screening and setbacks from property lines,
(D)
Food service is limited to overnight guests only and be indicated as such on the application,
(E)
The establishment cannot hold itself out to the public as a restaurant, hotel or motel. A sign which does not have direct lighting can be placed on the property not greater than four square feet in area. This limitation applies to residentially zoned areas only. Such information shall be contained in the application,
(F)
Be subject to the hotel/motel tax,
(G)
Smoke detectors, in proper working order, be required in each guest sleeping room. A fire extinguisher, in proper working order, be required on each floor, easily identified and readily accessible. Drinking water, if not from a public water supply, shall be tested annually,
(H)
At least two separate, remote exits will be required for second-floor and third-floor guestrooms,
(I)
The board of adjustment may exact any other regulations and assurances, covenants and warranties as may be necessary to protect the rights of the neighboring residents,
(J)
The special permit shall be personal to the applicant and not transferable. It shall expire one year after the grant thereof, subject to renewal upon the grantee's filing, sixty days prior to the anniversary of the grant of such permit, a statement in such form as may be required from the board of adjustment setting forth that the permittee has and continues to comply with all the requirements of this title and of the conditions attached to the issuances of such permit and such other information as may be required of the board. The board, at any time within the sixty days prior to the anniversary date and after notice to the permittee, may hold a hearing on whether or not such permit shall be amended, modified or revoked for any reason which would cause the board to deny or attach conditions to the grant of such permit the same as if the application therefor were first being made at the time of hearing. In the event such hearing is not held and the statement herein is filed as required, such permit shall be automatically renewed for an additional period of one year on the same terms and conditions. Nothing contained in this subsection shall prevent the board, after notice and hearing, from at any time revoking a permit because of violations of its terms. Notice under this section shall be in writing and mailed by certified mail to the permittee at the address of the premises concerned in the permit, such mailing to be at least ten days prior to the hearing,
(K)
A detailed floor plan, reasonably to scale, of the structure for each floor, indicating room uses and that portion of the structure being used for the "bed and breakfast" occupancy, shall be required with initial application. This floor plan shall be used to determine the locations of smoke detectors, fire extinguishers and other safety items which might be required. A site plan, reasonably to scale, of the property, showing the location of property lines, structures, landscaping, driveways and parking; and the location of any proposed parking, landscaping, driveways or other improvements. Any future changes from the initial application shall be submitted for approval,
(L)
Any other special operating conditions the owner/occupant desires shall be contained in the initial application;
(23)
Home occupations as provided in Section 20.12.250;
(24)
Adult day care facilities.
(25)
Tool, die, gauge and machine shops as provided in Section 20.40.020(20).
(26)
Nonconforming uses as provided in Section 20.72.050.
(27)
Laboratory—Research, testing and development as provided in Section 20.40.020(21).
(28)
Homeless shelters as provided in section 20.68.070.
(29)
Ground floor and below grade dwellings in C-2 General Commercial and C-3 Central Commercial District provided the following standards are met as indicated on an application containing the following information:
This section establishes adaptive reuse, development and design standards and procedures for ground floor or below grade dwelling units within a C-2, General Commercial and C-3, Central Commercial Zoning District.
(a)
Permit Required. No dwelling or multiple dwellings, as defined in Title 20, shall be permitted within a C-2 and C-3 zoning district that is on the ground floor and/or below grade of any existing or new building unless a special use permit is obtained through the Board of Adjustment.
(b)
Development and Design Standards.
(1)
Site, floor and elevation plans shall be reviewed and approved by the Keokuk Architectural Design Committee.
(2)
An allowable use other than residential must account for a floor area equal to at least fifty percent of the total ground-floor area of all buildings on the property, unless otherwise granted an exception by the board of adjustment. In this instance, the term "property" shall refer to either an individual lot, or multiple adjoining lots under common ownership, which all constitute part of the same development project.
(3)
Upper story residential units shall be a component of a development project;
(4)
Mixed use development projects along the Main Street District corridor shall maintain a commercial appearance that is consistent with the historic character of the District.
(5)
Whenever the front wall of the building corresponds with or is within ten feet of the front lot line, and one or more residential units are located in that portion of the building that is directly adjacent to the front wall, the following shall apply:
a)
Window and door glazing for residential units on the ground floor/below grade shall be translucent, i.e., tinted, glass block, etc.
6)
A commercial awning or canopy shall be installed at windows/doors directly adjacent to the public way of ground floor dwellings units.
7)
As it pertains to this section public sidewalk adjacent to ground floor dwellings may only be used for benches, flower pots or appropriate outdoor décor and only when approved by the city council.
(c)
Ground floor residential units with elevated stoops are required to obtain a special use permit. Subsections (b)(2), (5), (6) are exempt from development and design standards.
(30)
Adaptive reuse of a special use building as provided in Section 20.68.090.
(Ord. 1680 § 1, 1998; Ord. 1658 § 1, 1997; Ord. 1557 § 1, 1992; Ord. 1519 § 22, 1990; Ord. 1483 § 1, 1989; Ord. 1397 § 10, 1984)
(Ord. No. 1934, § 2, 2-20-14; Ord. No. 1967, § 3, 3-16-17; Ord. No. 1974, § 4, 9-7-17; Ord. No. 2031, § 1, 8-4-22; Ord. No. 2042, § 6, 8-3-23; Ord. No. 2055, § 4, 6-19-25)
The owner or agents of any tract of land comprising an area of not less than five acres may submit to the city council a plan for the use and development of all such tracts for residential or for residential in combination with shopping center uses as set forth in Chapter 20.48. The development plan shall be referred to the city plan commission for study and report. If no report is transmitted by the city plan commission within sixty days of referral, the city council may take action without further awaiting such report. If the city plan commission approves the plans, they shall then be submitted to the city council for consideration and action. The approval and recommendations of the city plan commission shall be accompanied by a report stating the reasons for approval and specific evidence and facts showing that the proposed community unit plan meets the following conditions:
(1)
That the proposed development of any C-4 planned commercial district included as a part of the plan complies with the regulations for those districts as set forth in Chapter 20.48;
(2)
That the buildings, other than those located within C-4 districts, located in the area shall be used only for one-family dwellings, two-family dwellings or multiple dwellings and the usual accessory uses such as private or parking garages, storage space and for community activities, including churches and schools;
(3)
That the average lot area per family contained in the site, exclusive of the area occupied by C-4 districts and by streets, will not be less than the lot area per family required in the district in which the development is located;
(4)
That the area is adaptable to complete community development, being bounded by major thoroughfares, streets, railroads or other external barriers, and insofar as possible without a major thoroughfare extending through the project, or any other physical feature which would tend to impair the neighborhood or community cohesiveness;
(5)
That no more than twenty-five percent of the gross area of the project be devoted to C-4 districts and that no more than fifty percent of the gross area of the project located in a single-family district be devoted to multifamily dwellings;
(6)
That sufficient area is reserved for recreational and educational facilities to meet the needs of the anticipated population, or as designated in the comprehensive plan;
(7)
That property adjacent to the area included in the plan will not be adversely affected and to this end the city plan commission may require, in the absence of an appropriate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project;
(8)
That the plan is consistent with the intent and purposes of this title to promote public health, safety, morals and general welfare;
(9)
If the city council approves the plans, building permits and certificates of occupancy may be issued, even though the use of the land and the location and height of buildings to be erected in the area and the yards and open space contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located.
(Ord. 1095 § 11, 1970; Ord. 986 (part), 1965: prior code § 26-19.4)
A factory-built home park may be permitted in any R district, C-1 or C-2 district only with city council approval. The owner or agents of any tract of land comprising an area of not less than five acres may submit to the city council, a plan for the use and development of all such tracts for factory-built home parks as provided for in Title 17 of this code. The development plans shall be referred to the city plan commission for study and report. If no report is transmitted within sixty days of referral, the city council may take action without further awaiting the report. If the city plan commission approves the plans, they shall then be submitted to the city council for consideration and action. The approval and recommendations of the city plan commission shall be accompanied by a report stating the reasons for approval and specific evidence and facts setting the reasons for approval and specific evidence and facts showing that the proposed factory-built home park plan meets the conditions provided for in Title 17 of this code.
Recreational vehicle parks may be permitted in any district upon approval of the city council, provided that such parks shall comply with the provisions of applicable ordinances of the city and laws of the state. The plan for development shall be studied and a report issued by the city plan commission using the same procedure as for factory-built home parks. No recreational vehicle may be used for any residential purpose either transiently or permanently unless located in a recreational vehicle park.
(Ord. 1519 § 23, 1990)
This section establishes standards and procedures for the location and operation of homeless shelters.
1.
Definitions.
a.
"Homeless person" shall mean an individual who, or family which, lacks a fixed, regular and/or adequate nighttime residence, here within referred to as client.
b.
"Homeless shelter" shall mean emergency housing with minimal supportive services for homeless persons that is intended for temporary occupancy by a homeless person.
c.
"Emergency warming/cooling center." A warming/cooling center is a short-term emergency shelter that operates when temperatures or a combination of precipitation, wind chill, wind and temperature become dangerously inclement. The paramount purpose is the prevention of death and injury from exposure to the element. shall be considered an accessory use to the primary use of the property when located in a public building, church or place of worship.
2.
Permit Required. No person shall operate a homeless shelter within the corporate boundaries without a valid special use permit issued by the board of adjustment. Exception: Emergency warming/cooling center may operate as specified in section 20.68.070(4)(A) in a church or other place of worship or designated public building when temperatures fall below thirty-two degrees during the months of November through April, or when temperatures are above one hundred degrees during the day and eighty-five degrees during night hours.
3.
Location.
a.
May be located in an R-4, Multiple family dwelling district and any commercially zoned district, when issued a special use permit by the Keokuk Zoning Board of Adjustment.
b.
A minimum distance of one thousand feet shall be maintained between all Homeless shelters within a residential district.
4.
Development and Operation Standards.
a.
Emergency Warming/Cooling Center. Shall be considered as accessory uses to the primary use when located in a church or other place of worship or designated public building. An emergency warming/cooling center may operate:
(i)
An emergency warming center may operate when temperatures fall below thirty-two degrees during the months of November through April, or when temperatures are above one hundred degrees during the day and eighty-five degrees during night hours.
(ii)
May serve up to thirty-five individuals, not including staff/volunteers.
(iii)
Shall provide at least two employees and/or volunteers on the premises during all operational hours.
(iv)
Submit a safety and management plan to the City of Keokuk for review and approval by the community development director, police and fire chiefs.
b.
Homeless Shelter/Facilities.
(i)
May serve up to thirty-five clients, not including staff/volunteers.
(ii)
Adequate management, support staff and security must be present during the hours of operation of the homeless shelter. A minimum of two employees and/or volunteers one being a supervisory level staff member must be present on the site during hours of operation. Management staff must make best efforts to ensure that loitering does not occur on the property during off-hours and must ensure that clients are not creating a nuisance to the neighborhood.
(iii)
Homeless shelters shall comply with all adopted building and fire codes, including maximum occupancy restrictions.
(iv)
Bicycle racks shall be provided.
(v)
A designated outdoor smoking area (not within public right-of-way).
(vi)
A designated location should be provided for adequate waste receptacles.
(vii)
Homeless shelters shall not be permitted within the first floor of a commercial district, exception of emergency warming center.
(viii)
Off-street parking shall be provided at a rate of one vehicle parking space per employee/volunteer plus one vehicle parking space for every six beds.
(ix)
Management plan shall be submitted with the application for special use permit that addresses the following items:
(1)
A narrative description of the nature and characteristics of the use and description of all supportive services provided.
(2)
A client identification process.
(3)
An emergency/security/safety plan that addresses security for staff, volunteers and clients as well as how responses to medical and other emergencies will be handled.
(4)
An outline of the "rules of conduct" for clients.
(5)
A communication plan that establishes how the shelter will regularly communicate with city and neighbors.
(6)
A staffing plan noting the number of employees per clients during daytime and nighttime operating hours.
(7)
Hours of operation and standard lights-out.
5.
Revocation of Permits. The special use permit for the operation of a homeless shelter may be revoked at any time by the board of adjustment upon a determination that it is in violation of the standards of this section or any other city code requirement.
6.
Certificate of occupancy. Prior to establishing a homeless shelter as a use, an application for and approval of a new certificate of occupancy is required, including compliance with building and fire codes.
(Ord. No. 2031, § 2 Added, 8-4-22)
This section establishes standards and procedures for the siting and operation of commercial recycling facilities.
(a)
Permit Required. No person shall operate a recycling or redemption facilities within the corporate boundaries of the City of Keokuk without a valid permit issued by the community development director. No permit shall be issued unless the standards required by this chapter are met.
(b)
Development and Operational Standards. All facilities participating in recycling or redemption activities shall comply with the following standards:
(1)
Reverse Vending Machines. Reverse vending machines shall be allowed in all commercial and industrial zoning districts, subject to the following standards:
(A)
Machines shall be installed as accessory uses in compliance with the applicable provisions of this title, and shall not require additional parking;
(B)
If located inside a structure, the machine shall be within thirty feet of the entrance, and shall not obstruct pedestrian traffic or circulation;
(C)
If located exterior to a structure, the machine shall not occupy a required parking space, and shall be constructed of durable waterproof and rust-proof materials;
(D)
The machine shall not exceed fifty square feet for each installation, including any protective enclosure, nor more than eight feet in height;
(E)
The machine shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions;
(F)
The machine shall have operating hours consistent with the operating hours of the business' main use; and
(G)
The machine shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn, in compliance with this title.
(2)
Redemption Collection Centers.
(A)
Minor Redemption Collection Facility. Minor redemption facilities shall be allowed subject to the approval of an special use permit provided the following standards are met:
(i)
Zoning. The facility shall only be located within a commercial or industrial zone;
(ii)
The collection shall be located within an existing building, and shall not be the primary use of the parcel, business, or center;
(iii)
The collection shall not be located within three hundred feet of a residential use, or public or private school;
(iv)
The collection shall not operate between the hours of eight p.m. and nine a.m.
(v)
The collection shall only accept empty beverage containers with an Iowa Redemption Value, including those made of aluminum, glass, paper, or plastic.
(vi)
The facility shall not use power-driven processing equipment, excepting reverse vending machines;
(vii)
The site shall be maintained, kept clean, sanitary, free of litter and other undesirable materials, shall be cleaned of loose debris daily; and shall not increase dust, fumes, odor, smoke, or vibration so as to be detectable within adjoining structures or parcels;
(viii)
All signage shall comply with this title and the sign code located there within.
(B)
Major Redemption Collection Facility. Major redemption facilities shall be allowed subject to the approval of a special use permit provided the following standards are met:
(i)
Zoning. The facility shall only be located within an M-1 or M-2 zone;
(ii)
The facility shall be allowed within an enclosed, freestanding structure, architecturally compatible with the primary structure of the site and consistent with the city's architectural standards, and may be the primary use of the parcel;
(iii)
The site shall not be located within three hundred feet of a residential use, hospital, or public or private school;
(iv)
The site shall not operate between the hours of six p.m. and nine a.m.;
(v)
The facility shall only accept empty beverage containers with an Iowa Redemption Value, including those made of aluminum, glass, paper, or plastic;
(vi)
The site shall comply with all structural setbacks and landscaping requirements for the zoning district;
(vii)
The site shall be maintained, kept clean, sanitary, free of litter and other undesirable materials, shall be cleaned of loose debris daily; and shall not increase dust, fumes, odor, smoke, or vibration so as to be detectable within adjoining structures or parcels;
(viii)
All signage shall comply with this title and the sign code located there within;
(ix)
The site shall otherwise comply with all parking and other requirements of this title.
(C)
Recycling Facilities. Recycling facilities are allowed in compliance with the following standards:
(i)
Zoning. The facility shall only be located within an M-1 or M-2 zone;
(ii)
The site shall not be located within three hundred feet of a residential use, or public or private school;
(iii)
The site shall not operate between the hours of six p.m. and eight a.m., but containers provided for "after hours" donation of recyclable materials shall be permanently located at least three hundred feet of a residential use, hospital, or public or private school; and shall be made of sturdy rust-proof materials, have capacity to accept materials collected, and be secured from unauthorized entry or removal of materials;
(iv)
The site shall comply with all structural setbacks and landscaping requirements for the zoning district;
(v)
The site shall be maintained, kept clean, sanitary, free of litter and other undesirable materials, shall be cleaned of loose debris daily; and shall not increase dust, fumes, odor, smoke, or vibration so as to be detectable within adjoining structures or parcels;
(vi)
All signage shall comply with this title and the sign code located there within;
(vii)
The site shall otherwise comply with all parking and other requirements of this title;
(viii)
The site may be permitted to bale, briquette, compact, crush, grind, shred and sort source-separated recyclable materials including ferrous metals or beverage and food containers, if located at least five hundred feet from a residential use, hospital, or public or private school.
(Ord. No. 1961, § 3, 11-3-16)
(a)
Purpose. The purpose of this section is to allow for adaptive reuse of existing special use building in residential districts that are functionally obsolete in order to improve the economic feasibility of a property by considering uses that are not otherwise permitted, but which, if properly designed and managed, would not create unacceptable impacts on surrounding properties or the immediate vicinity in general.
(b)
Definitions.
(1)
"Adaptive reuse" means the process as permitted and regulated by the zoning ordinance as a special use permit, of changing the use of an existing special use building located in a residential district when no other permitted uses in the zoning district are suitable, which would otherwise cause the building to fall into abandonment if not repurposed. A legal nonconforming use is prohibited as an adaptive reuse.
(2)
"Event venue" means a public or privately owned structure or place where people assemble for private social events not open to the general public. Examples include wedding ceremonies, wedding rehearsals, or wedding parties. Food and drink may or may not be served. The event venue is permanent in nature and is not a temporary use.
(c)
Procedures. Any request for adaptive reuse of existing special use building shall be reviewed by the board of adjustment.
(d)
Circumstances. The board of adjustment may allow a use in a residential zone that is not specifically allowed in that zone if it is necessary to encourage adaptive reuse of a building under the following circumstances:
(1)
It is unlikely that the primary building on the subject property could be preserved if only uses permitted in the underlying zone were allowed.
(2)
Allowing a different use would preserve the character of the building and immediate vicinity.
(3)
The use would not have a detrimental effect upon surrounding properties or the immediate vicinity.
(4)
The adaptive reuse shall have no greater negative impact on the neighborhood than what the original use, if continued, could have under the terms of the ordinance.
(e)
Uses. The following uses may be considered for adaptive reuse of an existing special use permit in a residential district:
(1)
Dwelling units. Density based on underlying zoning plus one additional dwelling unit;
(2)
Event venue;
(3)
Other uses not listed above if determined through the review process to be compatible with surrounding properties and the immediate vicinity.
(f)
Review Criteria. The following criteria shall be used as the basis for determining compatibility with surrounding uses and approving, denying, or conditionally approving a request to allow the adaptive reuse of a nonresidential building in a residential district:
(1)
The adaptive reuse would promote or aid in the preservation or rehabilitation of the primary building.
(2)
No significant adverse impacts to public safety.
(3)
Compliance with building and fire codes.
(4)
Proposed management and operational procedures to minimize and mitigate potential impacts.
(5)
Other factors not specified herein would create adverse impacts to the immediate vicinity.
(6)
Any proposal that would adversely affect properties in the immediate vicinity shall be denied. The board of adjustment shall retain the right to revoke a permit issued under this section that fails to comply with any conditions of approval of said permit, or which operates in a manner inconsistent with representations made in the application.
(Ord. No. 2055, § 5, 6-19-25)
68 - SPECIAL USES
Subject to the provisions of Sections 20.68.020 and 20.68.030, the board of adjustment by an affirmative vote of three-fifths of the members present may by resolution grant a special permit for the special uses enumerated in Section 20.68.040 in any district, as qualified in this chapter, and shall impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the comprehensive plan and to conserve and protect property and property values in the neighborhood.
(Ord. 1519 § 21, 1990)
Applications for permits for new construction, extension or alteration of existing uses including nonconforming uses and uses authorized by this chapter, with site plan and necessary descriptive material relating to the intensity and extent of use, shall be made to the board of adjustment. The report, with the application, plans and descriptive material, must then be submitted to the city plan commission to investigate and report as to the effect of such building or use upon the comprehensive plan, traffic and fire hazards, the character of the neighborhood and the general welfare of the community. No action shall be taken on the application by the board of adjustment until and unless the report of the plan commission has been filed; provided, however, that if no report is received from the commission within thirty days of referral, it shall be assumed that approval of the application has been given by the commission. A public hearing shall be held in relation to the plan before the board of adjustment, notice and publication of the time and place for which shall conform to the procedure prescribed in Section 20.76.050.
(1)
The board of adjustment shall determine whether such building or use will:
(A)
Substantially increase traffic hazards;
(B)
Substantially increase fire hazards;
(C)
Adversely affect the character of the neighborhood;
(D)
Adversely affect the general welfare of the community;
(E)
Overtax public utilities;
(F)
Be in conflict with the comprehensive city plan.
(2)
If the board's finding be negative as to all the subjects referred to in subsections (1)(A) through (1)(F) of this section, then the application shall be granted; if affirmative as to any subject, then such permit shall be denied.
(Ord. 1836 § 1 (part), 2007; Ord. 1771 § 1, 2004)
Any proposed special use shall otherwise comply with all the regulations set forth in this title for the district in which such use is located, except that the board of adjustment may permit hospitals and institutions to exceed the height limitations of such district.
(Ord. 986 (part), 1965: prior code § 26-19.2)
Special uses are as follows:
(1)
Any public building erected or used by any department of the city, county, state or federal government or a school district;
(2)
Cemetery, crematorium or mausoleum;
(3)
Church or other place of worship, or Sunday school;
(4)
Circus or carnival grounds, but not within three hundred feet of any R district and only for a temporary period not to exceed ten days;
(5)
Commercial, recreational or amusement development for temporary or seasonal periods;
(6)
Greenhouses and nurseries;
(7)
Hospital or institution; provided, that any hospital or institution permitted in any R district shall be located on a site of not less than five acres, shall not occupy more than forty percent of the total lot area and shall be set back from all yard lines at least two feet for each foot of building height; provided further, that the board of adjustment may issue special use permits for uses, modifications or additions to Keokuk Area Hospital, which will not conform with the yard area, yard line and setback requirements which would otherwise be applicable if sufficient intersection visibility is provided and if the criteria of Section 20.68.020 (1) are met;
(8)
Marina;
(9)
Nursing home in any R-1, R-2 or R-3 district;
(10)
Office buildings, but only within the R-4 district;
(11)
Privately operated community building or recreation field;
(12)
Public utilities buildings, substations or holding towers, power poles, telephone poles, commercial communication signal receiving or transmission distribution towers, antennas, or other similar structures or poles of any size. Replacement of individual power or telephone poles with a pole of the same dimensions shall not require a new special use permit be applied for or issued.
(13)
Residences as provided for in Chapter 20.28 of this code;
(14)
Religious, educational or eleemosynary institutes of a philanthropic nature but not a penal or mental institution;
(15)
Hospital or sanitarium, except criminal, mental or animal hospital;
(16)
Private clubs, fraternities, sororities or lodges, except one chief activity of which is a service customarily carried on as a business;
(17)
Parking lots on land within three hundred feet from the boundary of any commercial, business or industrial district; provided the following standards are met:
(A)
Ingress and egress to such lots shall be from a major street or from a street directly serving the commercial or business district,
(B)
No business involving the repair or service of vehicles, or sale or display thereof, shall be conducted on such parking areas,
(C)
No structures shall be erected or remain on any portion of the lot except as provided for under subsection (C) of subsection (18) of this section;
(18)
Parking areas in any district, provided the following standards are met:
(A)
Parking areas shall be used for parking patrons' private passenger vehicles only and no charge shall be made for parking within such premises,
(B)
The parking shall be set back in conformity with the established or required yards for residential uses,
(C)
The parking area shall be suitably screened or fenced, surfaced or drained, and maintained free of debris;
(19)
Medical clinics in any R-1, R-2 or R-3 district;
(20)
Child care facilities that provide for the care/instruction of more than six children at a time, including the provider's children; provided that, upon initial application, all abutting property owners consent in writing thereto; that annual registration or licensing is accomplished by the State Department of Human Services; that licensed providers are inspected by the fire department annually and that the facilities meet such safety and sanitary standards that are satisfactory to the registration or licensing agency and that such special use permit be automatically renewed annually, unless circumstances change which dictate a need for public hearing or complaints are received;
(21)
Private dancing schools in R areas shall be constituted in a special use category;
(22)
Bed and breakfast homes in all residential, commercial and floating zones contingent upon the following standards being met as indicated on an application containing the following information:
(A)
The structure must be owner-occupied or have a dwelling unit within, which will be the residence of the host or hostess/operator(s),
(B)
Five or less guestrooms be made available for use as sleeping rooms. If three or more families are to be accommodated, requirements of the local board of health must be met,
(C)
Off-street parking be provided at the rate of one space per guestroom plus one for the owner/occupant or host. Parking spaces may have appropriate conditions set by the board of adjustment for their locations, surfacing, screening and setbacks from property lines,
(D)
Food service is limited to overnight guests only and be indicated as such on the application,
(E)
The establishment cannot hold itself out to the public as a restaurant, hotel or motel. A sign which does not have direct lighting can be placed on the property not greater than four square feet in area. This limitation applies to residentially zoned areas only. Such information shall be contained in the application,
(F)
Be subject to the hotel/motel tax,
(G)
Smoke detectors, in proper working order, be required in each guest sleeping room. A fire extinguisher, in proper working order, be required on each floor, easily identified and readily accessible. Drinking water, if not from a public water supply, shall be tested annually,
(H)
At least two separate, remote exits will be required for second-floor and third-floor guestrooms,
(I)
The board of adjustment may exact any other regulations and assurances, covenants and warranties as may be necessary to protect the rights of the neighboring residents,
(J)
The special permit shall be personal to the applicant and not transferable. It shall expire one year after the grant thereof, subject to renewal upon the grantee's filing, sixty days prior to the anniversary of the grant of such permit, a statement in such form as may be required from the board of adjustment setting forth that the permittee has and continues to comply with all the requirements of this title and of the conditions attached to the issuances of such permit and such other information as may be required of the board. The board, at any time within the sixty days prior to the anniversary date and after notice to the permittee, may hold a hearing on whether or not such permit shall be amended, modified or revoked for any reason which would cause the board to deny or attach conditions to the grant of such permit the same as if the application therefor were first being made at the time of hearing. In the event such hearing is not held and the statement herein is filed as required, such permit shall be automatically renewed for an additional period of one year on the same terms and conditions. Nothing contained in this subsection shall prevent the board, after notice and hearing, from at any time revoking a permit because of violations of its terms. Notice under this section shall be in writing and mailed by certified mail to the permittee at the address of the premises concerned in the permit, such mailing to be at least ten days prior to the hearing,
(K)
A detailed floor plan, reasonably to scale, of the structure for each floor, indicating room uses and that portion of the structure being used for the "bed and breakfast" occupancy, shall be required with initial application. This floor plan shall be used to determine the locations of smoke detectors, fire extinguishers and other safety items which might be required. A site plan, reasonably to scale, of the property, showing the location of property lines, structures, landscaping, driveways and parking; and the location of any proposed parking, landscaping, driveways or other improvements. Any future changes from the initial application shall be submitted for approval,
(L)
Any other special operating conditions the owner/occupant desires shall be contained in the initial application;
(23)
Home occupations as provided in Section 20.12.250;
(24)
Adult day care facilities.
(25)
Tool, die, gauge and machine shops as provided in Section 20.40.020(20).
(26)
Nonconforming uses as provided in Section 20.72.050.
(27)
Laboratory—Research, testing and development as provided in Section 20.40.020(21).
(28)
Homeless shelters as provided in section 20.68.070.
(29)
Ground floor and below grade dwellings in C-2 General Commercial and C-3 Central Commercial District provided the following standards are met as indicated on an application containing the following information:
This section establishes adaptive reuse, development and design standards and procedures for ground floor or below grade dwelling units within a C-2, General Commercial and C-3, Central Commercial Zoning District.
(a)
Permit Required. No dwelling or multiple dwellings, as defined in Title 20, shall be permitted within a C-2 and C-3 zoning district that is on the ground floor and/or below grade of any existing or new building unless a special use permit is obtained through the Board of Adjustment.
(b)
Development and Design Standards.
(1)
Site, floor and elevation plans shall be reviewed and approved by the Keokuk Architectural Design Committee.
(2)
An allowable use other than residential must account for a floor area equal to at least fifty percent of the total ground-floor area of all buildings on the property, unless otherwise granted an exception by the board of adjustment. In this instance, the term "property" shall refer to either an individual lot, or multiple adjoining lots under common ownership, which all constitute part of the same development project.
(3)
Upper story residential units shall be a component of a development project;
(4)
Mixed use development projects along the Main Street District corridor shall maintain a commercial appearance that is consistent with the historic character of the District.
(5)
Whenever the front wall of the building corresponds with or is within ten feet of the front lot line, and one or more residential units are located in that portion of the building that is directly adjacent to the front wall, the following shall apply:
a)
Window and door glazing for residential units on the ground floor/below grade shall be translucent, i.e., tinted, glass block, etc.
6)
A commercial awning or canopy shall be installed at windows/doors directly adjacent to the public way of ground floor dwellings units.
7)
As it pertains to this section public sidewalk adjacent to ground floor dwellings may only be used for benches, flower pots or appropriate outdoor décor and only when approved by the city council.
(c)
Ground floor residential units with elevated stoops are required to obtain a special use permit. Subsections (b)(2), (5), (6) are exempt from development and design standards.
(30)
Adaptive reuse of a special use building as provided in Section 20.68.090.
(Ord. 1680 § 1, 1998; Ord. 1658 § 1, 1997; Ord. 1557 § 1, 1992; Ord. 1519 § 22, 1990; Ord. 1483 § 1, 1989; Ord. 1397 § 10, 1984)
(Ord. No. 1934, § 2, 2-20-14; Ord. No. 1967, § 3, 3-16-17; Ord. No. 1974, § 4, 9-7-17; Ord. No. 2031, § 1, 8-4-22; Ord. No. 2042, § 6, 8-3-23; Ord. No. 2055, § 4, 6-19-25)
The owner or agents of any tract of land comprising an area of not less than five acres may submit to the city council a plan for the use and development of all such tracts for residential or for residential in combination with shopping center uses as set forth in Chapter 20.48. The development plan shall be referred to the city plan commission for study and report. If no report is transmitted by the city plan commission within sixty days of referral, the city council may take action without further awaiting such report. If the city plan commission approves the plans, they shall then be submitted to the city council for consideration and action. The approval and recommendations of the city plan commission shall be accompanied by a report stating the reasons for approval and specific evidence and facts showing that the proposed community unit plan meets the following conditions:
(1)
That the proposed development of any C-4 planned commercial district included as a part of the plan complies with the regulations for those districts as set forth in Chapter 20.48;
(2)
That the buildings, other than those located within C-4 districts, located in the area shall be used only for one-family dwellings, two-family dwellings or multiple dwellings and the usual accessory uses such as private or parking garages, storage space and for community activities, including churches and schools;
(3)
That the average lot area per family contained in the site, exclusive of the area occupied by C-4 districts and by streets, will not be less than the lot area per family required in the district in which the development is located;
(4)
That the area is adaptable to complete community development, being bounded by major thoroughfares, streets, railroads or other external barriers, and insofar as possible without a major thoroughfare extending through the project, or any other physical feature which would tend to impair the neighborhood or community cohesiveness;
(5)
That no more than twenty-five percent of the gross area of the project be devoted to C-4 districts and that no more than fifty percent of the gross area of the project located in a single-family district be devoted to multifamily dwellings;
(6)
That sufficient area is reserved for recreational and educational facilities to meet the needs of the anticipated population, or as designated in the comprehensive plan;
(7)
That property adjacent to the area included in the plan will not be adversely affected and to this end the city plan commission may require, in the absence of an appropriate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project;
(8)
That the plan is consistent with the intent and purposes of this title to promote public health, safety, morals and general welfare;
(9)
If the city council approves the plans, building permits and certificates of occupancy may be issued, even though the use of the land and the location and height of buildings to be erected in the area and the yards and open space contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located.
(Ord. 1095 § 11, 1970; Ord. 986 (part), 1965: prior code § 26-19.4)
A factory-built home park may be permitted in any R district, C-1 or C-2 district only with city council approval. The owner or agents of any tract of land comprising an area of not less than five acres may submit to the city council, a plan for the use and development of all such tracts for factory-built home parks as provided for in Title 17 of this code. The development plans shall be referred to the city plan commission for study and report. If no report is transmitted within sixty days of referral, the city council may take action without further awaiting the report. If the city plan commission approves the plans, they shall then be submitted to the city council for consideration and action. The approval and recommendations of the city plan commission shall be accompanied by a report stating the reasons for approval and specific evidence and facts setting the reasons for approval and specific evidence and facts showing that the proposed factory-built home park plan meets the conditions provided for in Title 17 of this code.
Recreational vehicle parks may be permitted in any district upon approval of the city council, provided that such parks shall comply with the provisions of applicable ordinances of the city and laws of the state. The plan for development shall be studied and a report issued by the city plan commission using the same procedure as for factory-built home parks. No recreational vehicle may be used for any residential purpose either transiently or permanently unless located in a recreational vehicle park.
(Ord. 1519 § 23, 1990)
This section establishes standards and procedures for the location and operation of homeless shelters.
1.
Definitions.
a.
"Homeless person" shall mean an individual who, or family which, lacks a fixed, regular and/or adequate nighttime residence, here within referred to as client.
b.
"Homeless shelter" shall mean emergency housing with minimal supportive services for homeless persons that is intended for temporary occupancy by a homeless person.
c.
"Emergency warming/cooling center." A warming/cooling center is a short-term emergency shelter that operates when temperatures or a combination of precipitation, wind chill, wind and temperature become dangerously inclement. The paramount purpose is the prevention of death and injury from exposure to the element. shall be considered an accessory use to the primary use of the property when located in a public building, church or place of worship.
2.
Permit Required. No person shall operate a homeless shelter within the corporate boundaries without a valid special use permit issued by the board of adjustment. Exception: Emergency warming/cooling center may operate as specified in section 20.68.070(4)(A) in a church or other place of worship or designated public building when temperatures fall below thirty-two degrees during the months of November through April, or when temperatures are above one hundred degrees during the day and eighty-five degrees during night hours.
3.
Location.
a.
May be located in an R-4, Multiple family dwelling district and any commercially zoned district, when issued a special use permit by the Keokuk Zoning Board of Adjustment.
b.
A minimum distance of one thousand feet shall be maintained between all Homeless shelters within a residential district.
4.
Development and Operation Standards.
a.
Emergency Warming/Cooling Center. Shall be considered as accessory uses to the primary use when located in a church or other place of worship or designated public building. An emergency warming/cooling center may operate:
(i)
An emergency warming center may operate when temperatures fall below thirty-two degrees during the months of November through April, or when temperatures are above one hundred degrees during the day and eighty-five degrees during night hours.
(ii)
May serve up to thirty-five individuals, not including staff/volunteers.
(iii)
Shall provide at least two employees and/or volunteers on the premises during all operational hours.
(iv)
Submit a safety and management plan to the City of Keokuk for review and approval by the community development director, police and fire chiefs.
b.
Homeless Shelter/Facilities.
(i)
May serve up to thirty-five clients, not including staff/volunteers.
(ii)
Adequate management, support staff and security must be present during the hours of operation of the homeless shelter. A minimum of two employees and/or volunteers one being a supervisory level staff member must be present on the site during hours of operation. Management staff must make best efforts to ensure that loitering does not occur on the property during off-hours and must ensure that clients are not creating a nuisance to the neighborhood.
(iii)
Homeless shelters shall comply with all adopted building and fire codes, including maximum occupancy restrictions.
(iv)
Bicycle racks shall be provided.
(v)
A designated outdoor smoking area (not within public right-of-way).
(vi)
A designated location should be provided for adequate waste receptacles.
(vii)
Homeless shelters shall not be permitted within the first floor of a commercial district, exception of emergency warming center.
(viii)
Off-street parking shall be provided at a rate of one vehicle parking space per employee/volunteer plus one vehicle parking space for every six beds.
(ix)
Management plan shall be submitted with the application for special use permit that addresses the following items:
(1)
A narrative description of the nature and characteristics of the use and description of all supportive services provided.
(2)
A client identification process.
(3)
An emergency/security/safety plan that addresses security for staff, volunteers and clients as well as how responses to medical and other emergencies will be handled.
(4)
An outline of the "rules of conduct" for clients.
(5)
A communication plan that establishes how the shelter will regularly communicate with city and neighbors.
(6)
A staffing plan noting the number of employees per clients during daytime and nighttime operating hours.
(7)
Hours of operation and standard lights-out.
5.
Revocation of Permits. The special use permit for the operation of a homeless shelter may be revoked at any time by the board of adjustment upon a determination that it is in violation of the standards of this section or any other city code requirement.
6.
Certificate of occupancy. Prior to establishing a homeless shelter as a use, an application for and approval of a new certificate of occupancy is required, including compliance with building and fire codes.
(Ord. No. 2031, § 2 Added, 8-4-22)
This section establishes standards and procedures for the siting and operation of commercial recycling facilities.
(a)
Permit Required. No person shall operate a recycling or redemption facilities within the corporate boundaries of the City of Keokuk without a valid permit issued by the community development director. No permit shall be issued unless the standards required by this chapter are met.
(b)
Development and Operational Standards. All facilities participating in recycling or redemption activities shall comply with the following standards:
(1)
Reverse Vending Machines. Reverse vending machines shall be allowed in all commercial and industrial zoning districts, subject to the following standards:
(A)
Machines shall be installed as accessory uses in compliance with the applicable provisions of this title, and shall not require additional parking;
(B)
If located inside a structure, the machine shall be within thirty feet of the entrance, and shall not obstruct pedestrian traffic or circulation;
(C)
If located exterior to a structure, the machine shall not occupy a required parking space, and shall be constructed of durable waterproof and rust-proof materials;
(D)
The machine shall not exceed fifty square feet for each installation, including any protective enclosure, nor more than eight feet in height;
(E)
The machine shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions;
(F)
The machine shall have operating hours consistent with the operating hours of the business' main use; and
(G)
The machine shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn, in compliance with this title.
(2)
Redemption Collection Centers.
(A)
Minor Redemption Collection Facility. Minor redemption facilities shall be allowed subject to the approval of an special use permit provided the following standards are met:
(i)
Zoning. The facility shall only be located within a commercial or industrial zone;
(ii)
The collection shall be located within an existing building, and shall not be the primary use of the parcel, business, or center;
(iii)
The collection shall not be located within three hundred feet of a residential use, or public or private school;
(iv)
The collection shall not operate between the hours of eight p.m. and nine a.m.
(v)
The collection shall only accept empty beverage containers with an Iowa Redemption Value, including those made of aluminum, glass, paper, or plastic.
(vi)
The facility shall not use power-driven processing equipment, excepting reverse vending machines;
(vii)
The site shall be maintained, kept clean, sanitary, free of litter and other undesirable materials, shall be cleaned of loose debris daily; and shall not increase dust, fumes, odor, smoke, or vibration so as to be detectable within adjoining structures or parcels;
(viii)
All signage shall comply with this title and the sign code located there within.
(B)
Major Redemption Collection Facility. Major redemption facilities shall be allowed subject to the approval of a special use permit provided the following standards are met:
(i)
Zoning. The facility shall only be located within an M-1 or M-2 zone;
(ii)
The facility shall be allowed within an enclosed, freestanding structure, architecturally compatible with the primary structure of the site and consistent with the city's architectural standards, and may be the primary use of the parcel;
(iii)
The site shall not be located within three hundred feet of a residential use, hospital, or public or private school;
(iv)
The site shall not operate between the hours of six p.m. and nine a.m.;
(v)
The facility shall only accept empty beverage containers with an Iowa Redemption Value, including those made of aluminum, glass, paper, or plastic;
(vi)
The site shall comply with all structural setbacks and landscaping requirements for the zoning district;
(vii)
The site shall be maintained, kept clean, sanitary, free of litter and other undesirable materials, shall be cleaned of loose debris daily; and shall not increase dust, fumes, odor, smoke, or vibration so as to be detectable within adjoining structures or parcels;
(viii)
All signage shall comply with this title and the sign code located there within;
(ix)
The site shall otherwise comply with all parking and other requirements of this title.
(C)
Recycling Facilities. Recycling facilities are allowed in compliance with the following standards:
(i)
Zoning. The facility shall only be located within an M-1 or M-2 zone;
(ii)
The site shall not be located within three hundred feet of a residential use, or public or private school;
(iii)
The site shall not operate between the hours of six p.m. and eight a.m., but containers provided for "after hours" donation of recyclable materials shall be permanently located at least three hundred feet of a residential use, hospital, or public or private school; and shall be made of sturdy rust-proof materials, have capacity to accept materials collected, and be secured from unauthorized entry or removal of materials;
(iv)
The site shall comply with all structural setbacks and landscaping requirements for the zoning district;
(v)
The site shall be maintained, kept clean, sanitary, free of litter and other undesirable materials, shall be cleaned of loose debris daily; and shall not increase dust, fumes, odor, smoke, or vibration so as to be detectable within adjoining structures or parcels;
(vi)
All signage shall comply with this title and the sign code located there within;
(vii)
The site shall otherwise comply with all parking and other requirements of this title;
(viii)
The site may be permitted to bale, briquette, compact, crush, grind, shred and sort source-separated recyclable materials including ferrous metals or beverage and food containers, if located at least five hundred feet from a residential use, hospital, or public or private school.
(Ord. No. 1961, § 3, 11-3-16)
(a)
Purpose. The purpose of this section is to allow for adaptive reuse of existing special use building in residential districts that are functionally obsolete in order to improve the economic feasibility of a property by considering uses that are not otherwise permitted, but which, if properly designed and managed, would not create unacceptable impacts on surrounding properties or the immediate vicinity in general.
(b)
Definitions.
(1)
"Adaptive reuse" means the process as permitted and regulated by the zoning ordinance as a special use permit, of changing the use of an existing special use building located in a residential district when no other permitted uses in the zoning district are suitable, which would otherwise cause the building to fall into abandonment if not repurposed. A legal nonconforming use is prohibited as an adaptive reuse.
(2)
"Event venue" means a public or privately owned structure or place where people assemble for private social events not open to the general public. Examples include wedding ceremonies, wedding rehearsals, or wedding parties. Food and drink may or may not be served. The event venue is permanent in nature and is not a temporary use.
(c)
Procedures. Any request for adaptive reuse of existing special use building shall be reviewed by the board of adjustment.
(d)
Circumstances. The board of adjustment may allow a use in a residential zone that is not specifically allowed in that zone if it is necessary to encourage adaptive reuse of a building under the following circumstances:
(1)
It is unlikely that the primary building on the subject property could be preserved if only uses permitted in the underlying zone were allowed.
(2)
Allowing a different use would preserve the character of the building and immediate vicinity.
(3)
The use would not have a detrimental effect upon surrounding properties or the immediate vicinity.
(4)
The adaptive reuse shall have no greater negative impact on the neighborhood than what the original use, if continued, could have under the terms of the ordinance.
(e)
Uses. The following uses may be considered for adaptive reuse of an existing special use permit in a residential district:
(1)
Dwelling units. Density based on underlying zoning plus one additional dwelling unit;
(2)
Event venue;
(3)
Other uses not listed above if determined through the review process to be compatible with surrounding properties and the immediate vicinity.
(f)
Review Criteria. The following criteria shall be used as the basis for determining compatibility with surrounding uses and approving, denying, or conditionally approving a request to allow the adaptive reuse of a nonresidential building in a residential district:
(1)
The adaptive reuse would promote or aid in the preservation or rehabilitation of the primary building.
(2)
No significant adverse impacts to public safety.
(3)
Compliance with building and fire codes.
(4)
Proposed management and operational procedures to minimize and mitigate potential impacts.
(5)
Other factors not specified herein would create adverse impacts to the immediate vicinity.
(6)
Any proposal that would adversely affect properties in the immediate vicinity shall be denied. The board of adjustment shall retain the right to revoke a permit issued under this section that fails to comply with any conditions of approval of said permit, or which operates in a manner inconsistent with representations made in the application.
(Ord. No. 2055, § 5, 6-19-25)