(a)

Purpose. The purpose of a conditional use permit is to provide the city with a reasonable and legally permissible degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making a determination, to allow a conditional use permit application, the city may consider the nature of the adjoining land or buildings, similar uses already in existence and located on the same premises or on other lands close by, the effect upon traffic into and from the premises, or on any adjoining roads, and any other factors bearing on the general welfare, public health and safety from the approval of the conditional use permit.

(b)

Procedure. An application for a conditional use permit requires a public hearing and shall be processed pursuant to the provisions outlined in subsection 4-30(c) of this Code.

(c)

Criteria for decision. The planning commission and city council shall consider possible adverse effects of the proposed conditional use. In determining whether to approve or deny a conditional use permit, the city council and planning commission shall find that the conditional use permit complies with the following criteria. The burden of proof demonstrating compliance with the following criteria shall be the responsibility of the applicant.

(1)

Comprehensive plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official comprehensive municipal plan of the city.

(2)

Compatibility. The proposed use is compatible with adjacent present and future anticipated land uses.

(3)

Performance standards. The proposed use conforms with all applicable performance standards contained in this Code.

(4)

No depreciation in value. The proposed use will not tend to or actually depreciate the area in which it is proposed.

(5)

Zoning district criteria. In addition to the above general criteria, the proposed use meets the criteria specified for the various zoning districts.

(6)

In residential districts (R-1, R-2, R-3, R-4, R-5, R-B, R-O):

a.

Traffic. Nonresidential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets.

b.

Screening. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so that existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land.

c.

Compatible appearance. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties.

(7)

In business districts (LB, CB):

a.

Traffic. The proposed use will not cause traffic hazards or congestion.

b.

Nearby residences. Adjacent residentially-zoned land will not be adversely affected because of traffic generation, noise, glare, or other nuisance characteristics.

c.

Effect on other businesses. Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of unduly heavy nonshopping traffic or general unsightliness.

(8)

In industrial districts (B-W, I):

a.

Nuisance. Nuisance characteristics generated by the use will not have an adverse effect upon existing and future development in adjacent areas.

b.

Economic return. The use will provide an economic return to the community and be commensurate with other industrial uses for which the property could feasible be used. In considering the economic return to the community, the planning commission and city council may give weight to the sociological impact of a proposed use, both positive and negative.

(d)

Conditional use permit amendment. No significant change in size (more than 25 percent of building size), circumstances or scope of operations for a use permitted by an approved conditional use permit shall be undertaken or allowed to remain uncorrected for any significant period of time without approval of an amendment by the city council.

(1)

What circumstances constitute a significant change or changes shall be determined by the city manager or designated agent and may include, but are not limited to, expansion of structures and/or premises or operational modifications that affect the intensity of use. Significant changes in the scope of the approved use may include, but not be limited to, removal or abandonment of any important facility or use, hours of operation, number of employees or increased traffic and like.

(2)

Holders of a conditional use permit may request an amendment to the permit at any time pursuant to the provisions for application set forth in subsection 4-30(c).

(3)

The city council may initiate an amendment of an existing conditional use permit if a finding is made that the circumstances or scope of the proposed use have changed significantly, including the application of additional or revised conditions pursuant to the following process:

a.

The application shall be processed and considered pursuant to subsection 4-30(c) of this Code.

b.

The zoning administrator shall notify the responsible holder of the permit of the application and that they have an opportunity to appear before the planning commission and/or city council to show cause why the permit should or should not be amended.

c.

The zoning administrator shall provide the responsible holder of the permit a notice of any decision as well as a copy of the proceedings and adopted findings of the city council.

(e)

Conditional use permit revocation. The city council may initiate the revocation of an existing conditional use permit for cause, upon determination that the authorized conditional use is not in conformance with the conditions of the permit, that there has been a substantial change in the use or facility not in conformance with the original approval, that facilities or uses integral to the original approval have been abandoned or not timely replaced or repaired, or is in continued violation of existing city ordinances, codes or other applicable regulations.

(1)

The city council may initiate a revocation of an approved conditional use permit subject to the following procedure:

a.

The application shall be processed and considered pursuant to subsection 4-30(c) of this Code.

b.

The zoning administrator shall notify the responsible holder of the permit of the application that they have an opportunity to appear before the planning commission and/or city council to show cause why the permit should not be revoked.

c.

The zoning administrator shall provide the responsible holder of the permit a notice of any decision as well as a copy of the proceedings and adopted findings of the city council.

(Ord. No. 20-01, § 8, 1-27-2020)