The formulation and enactment of a comprehensive zoning ordinance is based on the division of the entire city into districts in each of which are permitted specified uses that are mutually compatible. In addition to such permitted uses, however, it is recognized that there are other uses which may be appropriate or desirable in a given district, but which on account of their potential influence upon neighboring uses or public facilities, need to be carefully regulated with respect to location or operation for the protection of the community. Conditional uses are not permitted by right in the various zoning districts, and may fall into the following categories:

(1)

Uses either municipally-operated or operated by publicly regulated utilities, on uses traditionally affected by public interest;

(2)

Uses entirely private in character which, on account of their peculiar locational need, the nature of the service they offer to the public, and their possible damaging influence on the neighborhood may have to be established in a district or districts in which they cannot reasonably be allowed as an unrestricted permitted use under the zoning regulations;

(3)

Planned unit developments (PUD) as set forth in division 5 of article XXV of this chapter.

(Code 2012, § 17.66.010; Ord. No. 4173, § 2(exh. A), 4-17-2017)

Conditional uses may be proposed by the city council, planning commission, or by any person or entity having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for a conditional use.

(Code 2012, § 17.66.020; Ord. No. 4173, § 2(exh. A), 4-17-2017)

(a)

An application for a conditional use shall be filed with the building and zoning officer and then forwarded to the city clerk to be entered into the records of the city.

(b)

A copy of such application shall thereafter be forwarded by the city clerk to the planning commission with a request to hold a public hearing and submit to the city council a report of its findings of fact and recommendations. Such public hearing shall be held upon notice that shall be required by applicable law.

(Code 2012, § 17.66.030; Ord. No. 4173, § 2(exh. A), 4-17-2017)

The planning commission shall not recommend a conditional use for approval unless it has made findings of fact and recommendation based upon evidence presented to the planning commission in each specific case that:

(1)

The proposed use at the particular location requested is appropriate or desirable to provide a service or a facility that is in the best interests of the public and will contribute to the general health, safety and general welfare of the neighborhood and community;

(2)

The proposed use will not have a substantial adverse effect on the surrounding property or character of the neighborhood, traffic conditions, utility facilities, and other matters affecting the public health, safety and general welfare;

(3)

The proposed use will be designed, arranged and operated to permit the development and use of neighboring properties in accordance with applicable district regulations;

(4)

The property in question cannot yield a reasonable return if developed in strict compliance with the regulations permitted by the zoning regulations for the applicable zoning classification;

(5)

Adult-use cannabis business establishment facilities, as defined herein, requiring approval of a conditional use in the respective districts in which they are requested shall be processed in accordance with section 48-1898. Any such cannabis business establishment facilities shall be evaluated based on the entirety of the circumstances, and the following shall be considered:

a.

Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property;

b.

Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance;

c.

Hours of operation and anticipated number of customers/employees;

d.

Anticipated parking demand and available private parking supply;

e.

Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways;

f.

Site design, including access points and internal site circulation;

g.

Proposed signage plan;

h.

Consideration of the factors contained in subsections (1) through (4) of this section.

(Code 2012, § 17.66.035; Ord. No. 4173, § 2(exh. A), 4-17-2017; Ord. No. 4313, § 4, 11-4-2019)

The planning commission may recommend, and the corporate authorities may impose such conditions or restrictions upon the construction, location and operation of a conditional use as may be deemed necessary to secure the general objectives of the zoning code and to protect the value of other properties in the neighborhood. Conditions shall be made a part of the authorizing ordinance and must be continuously maintained to continue operation of the conditional use following approval. Conditions that impose an exaction must be reasonable and proportionate to the impact of the conditional use. Such conditions may include, but are not limited to, the following:

(1)

Regulate the location, extent, business hours, and intensity of such uses;

(2)

Require additional landscaping or screening of such uses by means of fences, walls and vegetation;

(3)

Require minimum lot sizes, minimum yards, and maximum height of buildings and structures;

(4)

Regulate vehicular access and traffic volume, and the design and location of parking and loading areas and structures;

(5)

Place a time limit on the use to allow for review and re-approval;

(6)

Regulate signs, architectural features, and outdoor lighting to be more compatible with the surrounding neighborhood;

(7)

Require that certain covenants or dedications for public streets be designed and recorded in accordance with regulations in chapter 38;

(8)

Any other conditions deemed necessary to affect the purposes of this zoning chapter, as long as any such conditions bear a rational relationship to the proposed use and are not otherwise arbitrary or capricious;

(9)

Cannabis business establishment facilities, as defined herein as conditional uses, must comply with the following:

a.

Facility may not be located within 250 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for the purposes of this section;

b.

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act;

c.

Facility shall install security systems, lighting or other improvements, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

(Code 2012, § 17.66.037; Ord. No. 4173, § 2(exh. A), 4-17-2017; Ord. No. 4313, § 5, 11-4-2019)

The city council, upon review of the findings of fact and recommendation of the planning commission and without further public hearing, may grant or deny any proposed conditional use, may approve with conditions or may refer it back to the planning commission for further consideration.

(Code 2012, § 17.66.040; Ord. No. 4173, § 2(exh. A), 4-17-2017)

(a)

An approved conditional use will expire and have no validity one year after it is approved by the city council, unless:

(1)

A building permit has been issued;

(2)

A final certificate of occupancy has been issued;

(3)

The conditional use has been lawfully established as determined by the building and zoning officer.

(b)

The city council is authorized to extend the expiration period for good cause, by ordinance, for an additional 180 days. Requests for extensions must be submitted to the city building and zoning officer. Building and zoning officer shall then transmit the request to the city clerk who shall include the request as an agenda item at a city council meeting.

(Code 2012, § 17.66.045; Ord. No. 4173, § 2(exh. A), 4-17-2017)

A conditional use shall expire upon one of the following:

(1)

Noncompliance with a condition of the conditional use;

(2)

Expiration of a building permit to carry out the work authorized by the conditional use;

(3)

The failure to obtain the issuance of a final occupancy permit;

(4)

The expiration of any time limit placed on the use by ordinance;

(5)

Any person, firm or corporation who violates the provisions of this article shall be subject to the penalties prescribed in article XXXV of this chapter.

(Code 2012, § 17.66.050; Ord. No. 4173, § 2(exh. A), 4-17-2017)

If any conditional use is abandoned for a continuous period of six months or more, the conditional use shall be void, and such use may not be re-established unless and until a new conditional use is obtained in accordance with this article.

(Code 2012, § 17.66.055; Ord. No. 4173, § 2(exh. A), 4-17-2017)

Notwithstanding anything else in chapter 48 to the contrary, all residential buildings in R1A, R1, R2 and R3 zoning districts constructed more than 45 feet in height from finished grade shall be considered a conditional use in all zoning districts and shall require a public hearing by the planning commission and approval from the city council before they can be constructed.

(Code 2012, § 17.66.060; Ord. No. 4173, § 2(exh. A), 4-17-2017)