(a)

Until recent years, the regulation of all uses of land and structures through zoning has been accomplished by assigning each use to one or more districts. However, the functions and characteristics of an increasing number of new kinds of land uses combined with some of the older, more familiar kinds of uses call for more flexibility and equitable procedure for properly accommodating these activities in the community. It should be recognized that the forces that influence decisions regarding the nature, magnitude, and location of such types of land use activities are many and varied depending upon functional characteristics, competitive situations and the availability of land. Rather than assign all uses to special, individual, and limited zoning districts, it is important to provide controllable and reasonable flexibility in requirements for certain kinds of uses, but that will, at the same time, maintain adequate provision for the security of the health, safety, convenience and general welfare of the community's inhabitants.

(b)

In order to accomplish such a dual objective, provision is made in this article for more detailed consideration of certain specified activities as each may relate to proposed conditions of location, design, size, operation, intensity of use, generation of traffic movements, concentration of population, processes and equipment employed, amount and kind of public facilities and services required, together with many other possible factors. Land and structure uses possessing these particularly unique characteristics are designated as conditional uses and may be authorized by the issuance of a conditional use permit with such conditions and safeguards attached as may be deemed necessary for the protection of the public welfare.

(c)

The following sections (50-193 through 50-196), together with previous references in other sections (50-60 through 50-67), designate what uses require a conditional use permit. With any exception noted, the procedures for obtaining such a permit apply to all conditional uses indicated.

(Ord. No. 299 of 2011, § 701, 2-14-2011)

(a)

Any person having an interest in a property may file an application for a conditional use permit. The proposed use should be consistent with the uses allowed under conditional permit for the zoning district in which the property is situated.

(b)

Applications shall be submitted through the zoning administrator to the planning commission. Each completed application shall be accompanied by the payment of a fee in accordance with the duly adopted schedule of fees as currently established or as hereafter adopted by resolution of the city council from time to time, to cover costs of processing the application. No part of any fee shall be refundable.

(c)

Data required in application. Every application shall be accompanied by the following information and data:

(1)

Conditional use permit form supplied by the zoning administrator filled out by the applicant.

(2)

Site plan drawn to a readable scale and containing that information specified in article V of this chapter, section 50-132 or 50-133.

(3)

A statement, prepared by the applicant, with supporting evidence regarding the required findings specified in section 50-195(1) through (9).

(d)

Upon receipt of a completed application, a public hearing by the planning commission will be scheduled in accordance with section 50-243. The planning commission will review the application, hear and consider public comment, and approve, approve with conditions, or deny the conditional use permit.

(e)

Approval of a conditional use permit shall be valid regardless of change of ownership, provided that all terms and conditions of the permit are met by all subsequent owners.

(f)

In instances where development authorized by a conditional use permit has essentially changed in nature, extent or character, the planning commission shall review the permit in relation to the applicable standards and requirements of this article. Upon finding that there has been a violation in the conditions of the conditional use permit granted under the provisions of this article, the planning commission may declare the permit null and void.

(g)

If development of a conditional use permit has not commenced within one year from the date of issuance, said permit shall expire automatically. The planning commission can approve an extension for one additional year upon request by the applicant.

(Ord. No. 299 of 2011, § 702, 2-14-2011)

The planning commission shall approve, approve with conditions, or reject the application within 60 days of the hearing based upon materials received and testimony recorded at the public hearing. The planning commission shall set forth in writing the reasons for approval, denial, or modification of the conditional use permit application. All conditions shall be clearly specified in writing and be consistent with sections 50-195 and 50-243. The petitioner has one year from date of hearing to comply with all specified conditions. Compliance shall occur prior to issuance of a zoning compliance permit by the zoning administrator pursuant to section 50-246 and the commencement of the use, unless a specified time is set or implied in the motion granting the conditional use permit.

(Ord. No. 299 of 2011, § 703, 2-14-2011)

The planning commission shall review the particular facts and circumstances of each proposal in terms of the following standards and shall find adequate evidence showing that the proposed use:

(1)

Will be consistent with the goals, policies and objectives of the city comprehensive plan.

(2)

Will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that the use will not change the essential character of the same area;

(3)

Will not be hazardous or disturbing to existing or future neighboring uses;

(4)

Will not diminish the value of land, buildings, or structures in the district;

(5)

Will be served adequately by essential public facilities and services, such as streets, municipal water and sewer service, police and fire protection, drainage structures, refuse disposal, or schools, and that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service;

(6)

Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

(7)

Will not involve uses, activities, processes, materials and equipment and conditions of operation that will be detrimental to any person, property, or the general welfare by reason of excessive production of noise, traffic, smoke, fumes, glare, or odors;

(8)

Will protect the public health, safety and general welfare of the community; and

(9)

Will be consistent with the intent and purpose of the specific zoning district in which it is located.

(Ord. No. 299 of 2011, § 704, 2-14-2011)

(a)

Prior to granting any conditional use permit, the planning commission may impose conditions or limitations upon the establishment, location, construction, maintenance or operation of the use authorized by the conditional use permit as in its judgement may be necessary for the protection of the public interest. Conditions imposed shall further be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being of those who will utilize the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity and the community as a whole; and be consistent with the general standards listed in section 50-195 and therefore be necessary to meet the intent and purpose of the regulations contained therein.

(b)

Conditions and requirements stated as part of conditional use permit authorization shall be a continuing obligation of land holders. The zoning administrator shall make periodic investigations of developments authorized by conditional use permit to determine compliance with all requirements.

(c)

In authorizing a conditional use permit, the planning commission may require that a cash deposit, certified check, bond or other financial guarantee acceptable to the city, of ample sum be furnished by the developer to insure compliance with such requirements as drives, walks, utilities, parking, landscaping and the like. The financial guarantee shall be deposited with the city clerk/treasurer at the time of issuance of the permit authorizing the use or activity. The city shall establish procedures for a proportional rebate of the financial guarantee upon completion of significant phases or improvements.

(d)

Revocation of a conditional use permit by the planning commission shall be made at a public hearing following the same procedures as original approval to the effect that:

(1)

Such conditions as may have been prescribed in conjunction with the issuance of the original permit included the requirement that the use be discontinued after a specified time period; or

(2)

Violations of conditions pertaining to the granting of the permit continue to exist more than 30 days after an order to correct has been issued. Violations of any conditions set by the planning commission are violations of this article.

(e)

All plans, specifications and statements submitted with the application for a conditional use permit shall become, along with any changes ordered by the planning commission a part of the conditions of any conditional use permit issued thereto.

(f)

Any person aggrieved by the planning commission's granting or failure to grant a conditional use permit may appeal to the circuit court. Upon appeal, the circuit court shall review the record and decision, and rule in accordance with state law.

(g)

The standards in section 50-195 are basic to all conditional uses. The specific requirements accompanying sections relating to particular uses are in addition to the standards in section 50-195 and shall be required in all applicable situations.

(Ord. No. 299 of 2011, § 705, 2-14-2011)