26 - CONDITIONAL USES
Sections:
All uses listed as conditional uses and all matters directly related thereto are declared to be uses possessing characteristics of such unique and special form as to make impractical their being included automatically as a permitted use as set forth in this title. Therefore, all such uses shall be subject to review and issuance of a conditional use permit, provided that conditional use permits may not be granted for a use in a district from which it is specifically prohibited.
(Ord. 635, 1984)
Conditional use permits shall be processed as prescribed in Chapter 17.30.
(Ord. 635, 1984)
The application shall be completed on forms provide by the city and contain the following:
030.1. Name(s), address, telephone number, and signature(s) of the applicant and all owners of the property subject to the application. The applicant shall certify to the city that all owners of the property subject to the application have signed;
030.2. The street address and legal description of the total property involved;
030.3. The specific use and ordinance provision under which the application is sought.
030.4. Other narratives, site plans and information deemed necessary and appropriate by the administration official to describe the proposed use and improvements.
(Ord. 635, 1984)
In considering conditional use permits the planning commission shall have the authority to determine whether a conditional use permit should be granted, and grant conditional use permits with safeguards and limitations as are appropriate under this title. The commission may deny those applications that it finds not in harmony with the purpose and intent of adopted plans, policies and this title. Each application is hereby declared to be, and shall be considered, as a separate and unique case.
(Ord. 635, 1984)
In granting any conditional use permit, conditions and safeguards may be prescribed which are in conformity with adopted plans and policies and this title which are considered necessary to protect the best interest of immediate neighborhood, surrounding area or the city as a whole. These conditions and safeguards may include, but are not limited to, the following:
050.1. Increasing the required lot size, setback or yard dimensions;
050.2. Limit the height of buildings or structures;
050.3. Control the number and location of vehicular access points;
050.4. Require the dedication of additional rights-of-way for future public street improvements;
050.5. Require the designation of public use easements or drainage easements and the recording of same;
050.6. Increase the number of required off-street parking and/or loading spaces;
050.7. Limit the size, shape, location and lighting of signs;
050.8. Require view-obscuring fencing, landscaping, diking or other facilities to protect adjacent or nearby properties;
050.9. Designation of sites and/or size of open space or recreational areas;
050.10. Site reclamation upon discontinuance of use and/or expiration or revocation of the special exception permit;
050.11. Set a time for a public hearing to afford a review of the conditional use permit granted;
(Ord. 635, 1984)
A time limit shall be prescribed within which the action for each conditional use permit granted shall begin, be completed or both. Unless otherwise specified the action shall commence within six months and shall be completed within eighteen months of issuance of the permit. Failure to begin and/or complete such action within the time limit set shall void the conditional use permit. The planning commission, however, may authorize a one time extension of either or both dates after the review of an extension request at a public meeting, provided that such extension request was filed prior to the expiration of the date for which the extension was requested. Such extension shall detail the circumstances that prohibited the commencement or completion, or both, of the conditional use permit authorized. The length of such time extension, if authorized, shall not exceed eighteen additional months.
(Ord. 635, 1984)
Violation of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be considered a violation of this title and is punishable under Chapter 17.40.
(Ord. 635, 1984)
26 - CONDITIONAL USES
Sections:
All uses listed as conditional uses and all matters directly related thereto are declared to be uses possessing characteristics of such unique and special form as to make impractical their being included automatically as a permitted use as set forth in this title. Therefore, all such uses shall be subject to review and issuance of a conditional use permit, provided that conditional use permits may not be granted for a use in a district from which it is specifically prohibited.
(Ord. 635, 1984)
Conditional use permits shall be processed as prescribed in Chapter 17.30.
(Ord. 635, 1984)
The application shall be completed on forms provide by the city and contain the following:
030.1. Name(s), address, telephone number, and signature(s) of the applicant and all owners of the property subject to the application. The applicant shall certify to the city that all owners of the property subject to the application have signed;
030.2. The street address and legal description of the total property involved;
030.3. The specific use and ordinance provision under which the application is sought.
030.4. Other narratives, site plans and information deemed necessary and appropriate by the administration official to describe the proposed use and improvements.
(Ord. 635, 1984)
In considering conditional use permits the planning commission shall have the authority to determine whether a conditional use permit should be granted, and grant conditional use permits with safeguards and limitations as are appropriate under this title. The commission may deny those applications that it finds not in harmony with the purpose and intent of adopted plans, policies and this title. Each application is hereby declared to be, and shall be considered, as a separate and unique case.
(Ord. 635, 1984)
In granting any conditional use permit, conditions and safeguards may be prescribed which are in conformity with adopted plans and policies and this title which are considered necessary to protect the best interest of immediate neighborhood, surrounding area or the city as a whole. These conditions and safeguards may include, but are not limited to, the following:
050.1. Increasing the required lot size, setback or yard dimensions;
050.2. Limit the height of buildings or structures;
050.3. Control the number and location of vehicular access points;
050.4. Require the dedication of additional rights-of-way for future public street improvements;
050.5. Require the designation of public use easements or drainage easements and the recording of same;
050.6. Increase the number of required off-street parking and/or loading spaces;
050.7. Limit the size, shape, location and lighting of signs;
050.8. Require view-obscuring fencing, landscaping, diking or other facilities to protect adjacent or nearby properties;
050.9. Designation of sites and/or size of open space or recreational areas;
050.10. Site reclamation upon discontinuance of use and/or expiration or revocation of the special exception permit;
050.11. Set a time for a public hearing to afford a review of the conditional use permit granted;
(Ord. 635, 1984)
A time limit shall be prescribed within which the action for each conditional use permit granted shall begin, be completed or both. Unless otherwise specified the action shall commence within six months and shall be completed within eighteen months of issuance of the permit. Failure to begin and/or complete such action within the time limit set shall void the conditional use permit. The planning commission, however, may authorize a one time extension of either or both dates after the review of an extension request at a public meeting, provided that such extension request was filed prior to the expiration of the date for which the extension was requested. Such extension shall detail the circumstances that prohibited the commencement or completion, or both, of the conditional use permit authorized. The length of such time extension, if authorized, shall not exceed eighteen additional months.
(Ord. 635, 1984)
Violation of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be considered a violation of this title and is punishable under Chapter 17.40.
(Ord. 635, 1984)