The purpose of the conditional use permit process is to identify those uses which might be appropriate within a zoning district but, due to either their location, function, or operation, could have a potentially harmful impact on adjacent properties or the surrounding area; and to provide for a procedure whereby such uses might be permitted by further restricting or conditioning them so as to mitigate or eliminate such adverse impacts.

(Code 2014, § 46-703; Ord. No. 629, § 01.23.001, 12-1-2006)

The city council may by ordinance approve a conditional use permit for a use in any district in which such use is authorized under the conditional use list following proper application. Before taking any such action, the city council shall submit the same to the planning and zoning commission for its recommendations and report.

(Code 2014, § 46-704; Ord. No. 629, § 01.23.002, 12-1-2006; Ord. No. 861, § 1, 4-10-2023)

   (a)   No building permit for a use authorized only as a conditional use within a zoning district shall be issued unless the applicant obtains a conditional use permit from the city. The application for a conditional use permit shall be accompanied by a site plan as required in section 46-706. The planning and zoning commission may require additional information or plans as necessary for review.

   (b)   The planning and zoning commission shall hold a public hearing on all requests for a conditional use permit, and written notice of all such public hearings shall be sent shall be sent to all owners of real property lying within 200 feet of the property subject to the conditional use application and in accordance with the procedures and criteria herein established.

      (1)   Such notice shall be given not less than ten days before the day set for hearing to all such owners who have rendered their property for city taxes as the ownership appears on the last approved city tax roll.

      (2)   Such notice may be served by depositing the same, properly addressed and postage paid, in a United States post office.

      (3)   Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making renditions which are included on the last approved city tax roll, notice to such owners shall be given by publishing the same in a newspaper of general circulation in the city, at least 15 days prior to the date set for hearing, and which shall state the time and place of such hearing.

   (c)   After such hearing, the planning and zoning commission shall make its recommendation regarding the conditional use permit.

   (d)   Each such recommendation made by the planning and zoning commission shall be reported to the city council, in writing, and the applicant shall be notified of the action of the planning and zoning commission.

   (e)   The planning and zoning commission shall establish and maintain a separate file for each application received and shall record the names and addresses of all persons, firms and corporations to whom notices are mailed, including the date of mailing and the persons by whom such notices were delivered to the United States post office. All records and files herein provided shall be permanent and official files of the city.

(Code 2014, § 46-705; Ord. No. 629, § 01.23.003, 12-1-2006; Ord. No. 861, § 2, 4-10-2023)

   (a)   After receiving the recommendation of the planning and zoning commission, the city council shall hold a public hearing concerning the same at the earliest practicable time, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city.

   (b)   When the planning and zoning commission has recommended a conditional use, the city council shall be at liberty to either accept, reject or take other action, provided such action is consistent with the public notice and the provisions of this article.

   (c)   If the planning and zoning commission has recommended against a conditional use, supplemented, changed or modified the request, or if a protest against such change, signed by the owners of 20 percent or more of either the area of lots included in such proposed change or of those immediately adjacent in the rear extending 200 feet, or of those directly opposite, extending 200 feet of the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council.

   (d)   If the city council has refused to grant a proposed amendment, supplement, change or modification in the boundaries of any zoning district, such amendment, supplement, change or modification in the boundaries of such zoning district shall not be submitted again prior to the expiration of 12 months from the date of the order or decision of the city council against such zoning change.

(Ord. No. 861, § 3, 4-10-2023)

All drawings shall be to scale, clear and complete to obtain site plan approval. Site plans submitted must show the following items:

      (1)   The site plan shall not exceed 24 inches by 36 inches nor be less than 8½ inches by 11 inches. The site plan shall be drafted at an appropriate engineering scale;

      (2)   Property lines of the subject site and all adjoining parcels, platted or unplatted. Platted and unplatted parcels shall be identified with the legal description and the owner's name;

      (3)   Boundaries of the property with dimensions, and with building setback lines on all sides;

      (4)   Existing and proposed streets, alleys, lots, reservations, public and private easements and areas dedicated to public use. Easements shall be labeled as to type and volume and page as applicable. In addition, the site plan shall show all driveways, rights-of-way, and street intersections that are adjacent to or directly across from the subject site;

      (5)   The location and design of all means of vehicular access to and from the site onto public rights-of-way, indicating the location and size of all driveways (including those on the adjacent property and the opposite side of the street), curb return radii, curb cuts and location and size of sidewalks and ambulatory ramps when and where required. For any development abutting frontage roads, all entrance and exit ramps shall be shown on the vicinity map;

      (6)   Location of existing and proposed buildings, number of stories, gross square footage of building; solid line indicating slab location and dashed lines indicating line of roof overhangs; air conditioning unit pads and covered entries; retaining walls, fences, culverts, bridges, roadways, etc. The structures to be removed or abandoned shall be shown with dotted lines;

      (7)   Location of existing and proposed storm drainage structures, storm sewers, grates, inlets, detention ponds, etc., with pipe sizes, grades and direction of flow and associated drainage easements, if any;

      (8)   Limits of existing flood hazard areas within and adjacent to the property, accurately showing the limits of building encroachments and earth fill within this area, with 100-year water surface elevations and proposed finished floor elevations denoted;

      (9)   Location of existing and proposed utilities (water, sanitary sewer, cable television, gas, electric and telephone) with service sizes, tap and meter locations, service types, grades and direction of flow. Also, related easements that will accommodate more than one utility shall be shown and described;

      (10)   Location of power poles, guy wires, pad mount transformers, and other major electrical equipment;

      (11)   Location of existing and proposed fire hydrants;

      (12)   Location of existing and proposed contour lines with spot elevations for proposed top-of-curb and parking lot slabs;

      (13)   Location and screening or other description to indicate control and handling of solid waste and location and size of dumpster pad when dumpster is to be used;

      (14)   The planned uses of the site;

      (15)   The location and design of any off-street parking areas, including handicapped parking and loading areas, showing size and location of spaces, bays, isles, ramps and barriers in compliance with city standards and state accessibility standards. All customer parking areas must be clearly defined on the site plan and must be separate from areas to be used for display;

      (16)   Name of development, legal description of property, north arrow, scale, acreage name and address of record owner and engineer, draftsperson, architect and land planner;

      (17)   Both vicinity map and site plan shall be oriented with parallel north arrows. North arrow shall be oriented generally upward;

      (18)   Zoning designation as determined by the official zoning map;

      (19)   Landscaping plan as required by article XX of this chapter;

      (20)   Address of property;

      (21)   Area designated for placement of debris during construction and wash out area for concrete trucks;

      (22)   Location and pavement type for temporary access for vehicles during construction;

      (23)   Location of all wastewater pre-treatment devices and sampling well, as applicable;

      (24)   All existing and proposed signage, including height, square footage, setbacks, and landscaping; and

      (25)   Additional information or engineering data, in such form and content as necessary, to determine that the site plan meets the standards of the city.

(Code 2014, § 46-706; Ord. No. 629, § 01.23.004, 12-1-2006)

   (a)   The planning and zoning commission may recommend approval of a plan for development of a conditional use if it finds the proposed development:

      (1)   Does not conform with applicable regulations and standards established by this chapter;

      (2)   Is not compatible with existing or permitted uses on abutting sites, in terms of use, building height, bulk and scale, setbacks and open spaces, landscaping, drainage, or access and circulation features;

      (3)   Potentially creates greater unfavorable effects or impacts on other existing or permitted uses on abutting sites than those which reasonably may result from the use of the site by a permitted use;

      (4)   Adversely affects the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area;

      (5)   Fails to reasonably protect persons and property from erosion, flood or water damage, fire, noise, glare, and similar hazards or impacts;

      (6)   Adversely affects traffic control or adjacent properties by inappropriate location, lighting, or types of signs;

      (7)   Fails to provide adequate and convenient off-street parking and loading facilities;

      (8)   Fails to conform with the objectives and the purpose of the zoning district in which the development is located;

      (9)   Will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, for reasons specifically articulated by the planning and zoning commission; or

      (10)   Has premises or structures that are not suitable for the proposed use.

   (b)   Conditional use site plans considered by the planning and zoning commission shall be approved only after the city council finds that the proposed development, if completed as proposed, will comply with all applicable provisions of this chapter and all conditions deemed necessary by the city.

   (c)   The planning and zoning commission may establish such conditions of recommended approval as are necessary to ensure that the use meets the criteria set forth in this section, which may include, without limitation, requirements for special yards, lot sizes, open spaces, buffers, fences, walls or screening; requirements for installation and maintenance of landscaping or erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; establishment of development schedules or time limits for performance or completion; and such other conditions as the planning and zoning commission may deem necessary to ensure compatibility with surrounding uses and to preserve the public health, safety, and welfare. In imposing such conditions, the planning and zoning commission may act upon variance requests, subject to the same standards governing variances under section 46-922.

(Code 2014, § 46-707; Ord. No. 629, § 01.23.005, 12-1-2006; Ord. No. 861, § 4, 4-10-2023)

   (a)   In granting a conditional use permit, the city council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the chief building official for use of the building on such property pursuant to such conditional use permit and such conditions precedent to the granting of the certificate of occupancy. Any special conditions shall be set forth in writing by the city council in conjunction with approval of the conditional use permit.

   (b)   No conditional use permit shall be granted unless the applicant, owner or grantee of the conditional use permit is willing to accept and agree to be bound by and comply with the written requirements of the conditional use permit, as attached to the site plan drawing and as approved by the city council. A conditional use permit shall remain valid until such time as one of the following actions is taken:

      (1)   The property is rezoned and the site is no longer listed as a conditional use;

      (2)   Another conditional use permit is approved for the site;

      (3)   The use of the premises changes; or

      (4)   Access and construction-related permits necessary for completion of any site development plan have not been issued within 12 months of the granting of the conditional use permit.

   (c)   No building, premises, or land used under a conditional use permit may be substantially changed unless a separate conditional use permit is granted for the change.

   (d)   Failure to implement and maintain the conditions as specified by the city council in granting a conditional use permit is punishable by the provisions of article XXXIII of this chapter.

(Code 2014, § 46-708; Ord. No. 629, § 01.23.006, 12-1-2006; Ord. No. 861, § 5, 4-10-2023)

   (a)   The following additional conditions and procedures shall apply to the uses listed: manufactured housing land lease communities.

   (b)   The proposed use shall comply with the standards set forth in article XXVI of this chapter.

(Code 2014, § 46-710; Ord. No. 629, § 01.23.008, 12-1-2006)