Lincoln City Zoning Code
DIVISION 4.14
Conditional Uses
§ 4.14.1 Purpose.
Certain uses may or may not be appropriately located within various districts throughout the City of Lincoln due to their unusual or unique characteristics of operation and external effects. Given their unusual character, special consideration must be given each application so as to provide for such reasonable conditions and protective restrictions as are deemed necessary to protect the character and integrity of the area in which uses are proposed to be located. The uses listed under the various districts herein as "conditional uses" are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses makes it desirable that they be permitted to locate within the district.
§ 4.14.2 Application for conditional use permit.
An application for a conditional use permit shall be filed with the Planning Commission. The application shall contain the following information and include the following documents:
A.
Name and address of the applicant.
B.
A notarized statement that the applicant is the owner or the authorized agent of the owners of the property for which the conditional use is proposed.
C.
Address and legal description of the property.
D.
Written statement describing the nature of the request and how it is in accordance with § 4.14.4.
E.
Maps of the property as follows:
(1)
A vicinity map to scale showing property requesting the conditional use permit clearly outlined in the center of a circle with a radius of 1/4 mile.
(2)
A paper copy and a digital copy of the plot plan or site layout of the subject property at a regular and legible scale, showing the zoning of adjacent properties and, if applicable, building locations along with provisions for parking, loading and unloading, circulation, access, landscaping and screening.
(3)
Additional paper copies as required by the Administrative Official.
(4)
Digital copy format to be determined by the Administrative Official.
F.
The application shall be accompanied by the prescribed fee as indicated in Division 2.6.
§ 4.14.3 Hearing on application; notice requirements.
A.
Notice of such hearing shall be published at least one time at least 15 calendar days prior to the date of the public hearing in a newspaper of general circulation in the City of Lincoln. The applicant shall be responsible for this publication, bear the cost of such advertising, and provide an affidavit of publication as proof of the notice.
B.
Notice of such hearing shall be given by conspicuously posting a sign on the property involved by the applicant at least 15 calendar days prior to the hearing.
C.
Posting of the sign by the prescribed time shall be the responsibility of the applicant.
D.
The applicant must use the signs provided by the City of Lincoln and shall pay a refundable deposit.
E.
After the hearing, the sign shall be returned, and a refund of the deposit will be issued for signs in good condition.
F.
At least seven calendar days prior to the public hearing the applicant must provide proof of publication that the required public notice has appeared in a newspaper of general circulation at least 15 calendar days prior to the public hearing.
§ 4.14.4 Finding of fact.
For the Planning Commission to approve an application for a proposed conditional use, a majority of the Commission must find that each of the following facts exists with respect to the application.
A.
The establishment, maintenance, or operation of the proposed conditional use will not be detrimental to or endanger the public health, safety, comfort or general welfare.
B.
The proposed conditional use will not harm other property in the neighborhood.
C.
The establishment of the conditional use will not impede the normal or orderly development and improvement of the surrounding properties.
D.
The proposed land use is compatible with other area properties.
E.
The proposed conditional use is in conformance with all off-street parking and loading requirements, and ingress and egress, and pedestrianways are adequate.
F.
Landscaping and screening of the proposed conditional use shall be in accordance with this code.
G.
Proposed conditional use signs shall be in accordance with this code.
H.
Open spaces located on the proposed conditional use shall be maintained by the owner/developer.
I.
The size and shape of the site, including size, shape and arrangement of proposed structures is in accordance with this code.
J.
Safeguards limiting noxious or offensive emissions, including lighting, noise, glare, dust, and odor have been addressed in the proposed application.
§ 4.14.5 Conditions or restrictions on conditional use.
The Planning Commission may include such conditions or restrictions upon the construction, location, and operation of a conditional use as deemed necessary to secure the general objectives of this code.
§ 4.14.6 Effect of denial of conditional use.
No application for a conditional use permit which has been denied wholly or partly by the Planning Commission shall be resubmitted for a period of one year from date of said denial, unless the Planning Commission finds that a substantial change in conditions has occurred.
§ 4.14.7 Lapse of conditional use permit.
A conditional use permit granted hereunder shall lapse and become void:
A.
The permit for any use that has been discontinued for a period of greater than 120 days shall be considered invalid and revoked. Future use of the property must comply with the provisions of the underlying zoning district until a new conditional use permit is obtained.
B.
In the case where any of the specific terms and conditions of a conditional use permit are violated, ignored, or otherwise not observed, the Administrative Official may revoke such permit. A thirty-day written notice using certified mail shall be addressed to the applicant indicating the nature of the noncompliance and the applicant's right to file an appeal of the that decision with the Board of Adjustment. If no appeal is filed within the thirty-day period, and the noncompliance has not been corrected within 45 days of receipt of the written notice, the permit shall be revoked. Revocation shall be immediate and shall prevent use of the property in a general manner as specified within the original permit. The property shall revert to its use status prior to issuance of the conditional use permit.
§ 4.14.8 Appeals from decision of Planning Commission.
Appeals from the decision of the Planning Commission with respect to a conditional use permit application shall be to the City Council of the City of Lincoln within 30 days from the decision of the Commission. Such appeal shall be submitted in writing to the City Clerk.