A.

The intent of the conditional use is to maintain a measure of control over uses that have an impact on the entire community. Generally, conditional uses may be desirable in certain locations for the general convenience and welfare. They must use the property in a manner that assures neither an adverse impact upon adjoining properties nor the creation of a public nuisance. In short, because of the nature of the use, it requires sound planning judgment on its location and site arrangement.

B.

Conditional use permits may be issued for any of the conditional uses for which a use permit is required by the provisions of this chapter, provided that the City Council shall find that the application is in accordance with the provisions of this chapter after duly advertised hearings held in accordance with the provisions of Article XII.

[Ord. No. 2022-06, 1-24-2022]

A.

Conditional Use Site Plans shall follow the procedures for application and review outlined in Article X Site Plan Review of this Chapter.

B.

Conditional Use Major Subdivisions shall follow the procedures for application and review outlined in Chapter 200, Subdivision of Land

C.

Standalone Conditional Use applications that do not require site plan review or major subdivision review shall be subject to the following procedures:

(1)

A conditional use application and documents, as specified by the Planning Department, shall be prepared by the applicant and submitted in accordance with the submission schedule as determined by the Planning Director, along with the appropriate fees, as specified in Section 230-57.

(2)

A public hearing on the conditional use shall be conducted by the Planning Commission. The Planning Commission shall review the application and shall recommend to City Council approval of the application with or without conditions, denial of the application, or table the application. The conditional use shall be reviewed based on the requirements set forth in the zoning ordinance. In case of an unfavorable recommendation for denial by the Planning Commission, such application shall not be approved except by a favorable vote of 3/4 of the City Council.

(3)

No hearing shall be held by the Commission until notice of time and place thereof has been provided to the applicant, property owners within 200 feet of the subject property, and to such other interested parties as may be determined by the Planning Director at least 10 days before the date of said hearing. Notice shall be provided as follows:

(a)

The Planning Department shall notify by mail all property owners within 200 feet of the extreme limits of the subject parcel as their names appear in the City or County tax record at least 10 days prior to the hearing.

(b)

The Planning Department shall provide notice to the general public of the public hearing before the Planning Commission by publishing the date, time, place and nature of the hearing at least 15 days before the hearing in a newspaper of general circulation in the City and posting the same information in City Hall and on the City website.

(c)

The Planning Department will also post a notice outlining the date, time, place, and nature of the hearing in a conspicuous location on the property. The published and posted notices shall contain reference to the time and place within the City where text, maps and plans for the proposal may be examined.

(4)

City Council shall review the application and shall approve the application with or without conditions, deny the application, or table the application. The conditional use shall be reviewed based on the requirements set forth in the zoning ordinance.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

The following criteria shall be used as a guide in evaluating a proposed conditional use:

A.

The presence of adjoining similar uses.

B.

An adjoining district in which the use is permitted.

C.

There is a need for the use in the area proposed as established by the Comprehensive Plan.

D.

There is sufficient area to screen the conditional use from adjacent different uses.

E.

The use will not detract from permitted uses in the district.

F.

Sufficient safeguards, such as traffic control, parking, screening and setbacks, can be implemented to remove potential adverse influences on adjoining uses.

[Ord. No. 2022-06, 1-24-2022]

A.

In granting any conditional use permit, the City Council may designate such conditions as will, in its opinion, assure that the use will conform to the requirements as stated in Section 230-48 and that such use will continue to do so.

B.

A conditional use approval in conjunction with a Site Plan review shall expire upon expiration of the associated Site Plan.

C.

A conditional use approval in conjunction with a Major Subdivision application shall expire upon expiration of the associated Major Subdivision.

D.

A standalone conditional use permit shall expire within eighteen months of the date of issuance unless construction or operation of said use has commenced.

E.

A reapplication for a conditional use permit for the same lot or use shall not be considered by the City Council within a period of one-year from its last consideration. This provision, however, shall not impair the right of the Council to propose a conditional use permit on its own motion.

[Ord. No. 2022-06, 1-24-2022]