a.

The planning and zoning board shall accept applications for conditional uses, accompanied by the appropriate fee, and a report and detailed site plan of the proposed use shall be submitted by the applicant documenting specifically how applicant will comply with the provisions of the zoning district. The report shall also document impacts of the proposed use upon community facility and/or adjacent properties.

b.

The planning and zoning board shall consider all of the following in rendering a decision on conditional uses:

1.

The report submitted by the applicant;

2.

That all specific provisions of this ordinance relative to the conditional use have been met;

3.

Whether any specific limitations are necessary to protect the public interest and ensure the continued beneficial use and enjoyment of nearby properties; and

4.

That the conditional use with or without specific limitations and design features as might have been required will further the aims of the land use plan and will not be unduly detrimental to nearby properties.

The planning and zoning board shall hold a public hearing on all applications for conditional uses which shall be noticed and heard in accordance with the following stated procedures.

(a)

The city council shall hold a public hearing that shall be advertised in a paper of general circulation within the city no less than thirty (30) days prior to the hearing and no more than forty-five (45) days prior to the hearing, and a notice of the hearing shall be mailed at least thirty (30) days prior to the public hearing to the owner of the property that is the subject of the proposed action. Such notices shall include the application number (if any number is assigned), date, time, location, and purpose of the public hearing.

Should the planning and zoning board fail to make a recommendation within ninety (90) days of application for conditional use permit, the application shall be considered to be recommended for approval and all materials related to the conditional use shall be transmitted to the mayor and city council for determination. If no hearing has been held within such time limit by the planning and zoning board, then the mayor and city council shall notice the matter for public hearing prior to making its final decision in accordance with the notice and hearing requirements stated above. Final determination on approval of conditional uses rests with the mayor and city council.

Should property for which conditional use approval is sought not be used following receipt of conditional use approval for the purpose intended by the application, then the mayor and city council may at the conclusion of twelve (12) months from the grant of that conditional use approval bring an action following notice and hearing to vacate the conditional use approval and revert the property to its original zoning classification without conditions.

(Ord. No. 2009-06, § 27, 5-26-09; Ord. No. 2023-03, § 4, 6-27-23)

(a)

Because of their special demands upon public services and facilities, and their potential for imposing significant financial burdens upon the city if established within certain time frames and at particular locations, churches, synagogues and other places of worship shall be conditional uses within any zoning district except the public institutional zoning district, but only after completion of the process prescribed in section 1501 and meeting the requirements herein. Within the public institutional zoning district, churches, synagogues, and other places of worship are permitted uses and shall not require the approval of mayor and council. Churches, synagogues and other places of worship shall be entitled to all of the accessory uses provided for such places in the public institutional zoning district.

(b)

Further, in making a determination as to whether or not an application for a church, synagogue or other place of worship shall be approved at a particular time and location, the mayor and council shall consider the potential financial burdens to the city that would be generated, the potential impacts on existing or anticipated surrounding developments, noise and peak traffic impacts, and the potential special demands upon public services and facilities. Upon a finding that such place conforms to the intent and requirements of this article, the use may be approved by the mayor and council. If approval for such use is granted, the mayor and council may attach special conditions to the approval, which have the purpose of minimizing potential negative impacts and burdens on public finances, facilities and/or services as well as surrounding properties and travelers on the city's streets and sidewalks.

(c)

For churches, synagogues or other places of worship located outside the public institutional district, the locations shall:

(1)

Be stand-alone buildings;

(2)

Meet the requirements of article XII — parking and loading;

(3)

Meet applicable requirements promulgated by the city's fire marshal; and

(4)

Meet the applicable buffer requirements in article XI — buffer and screening requirements.

(Ord. No. 2015-11, § 1, 10-27-15)

Any conditional use that includes places of assembly shall also meet the requirements of section 1502(c) above in addition to other relevant conditional use requirements.

(Ord. No. 2015-11, § 1, 10-27-15)