Many land use activities, while not inherently inconsistent with other permitted uses in a particular zoning district, may have significant impact on the surrounding area. Conditional use permits for such uses allow special conditions to be attached to the development to address those impacts. The conditional use permit process provides for flexibility in identifying the special conditions without making the regulations unreasonably complicated. The objective of the conditional use permit process is to encourage compatibility of the proposed development with the environment, and with existing and future land uses in the area.

Those uses which require a conditional use permit are listed in Section 165A.22(13) and Section 165B.09.

   1.   Before being presented to the Board of Adjustment, an application for a conditional use permit shall be referred to the Planning and Zoning Commission for recommendation. When presented to the Planning and Zoning Commission, the application shall be accompanied by a report from the planning staff setting forth findings concerning the application's conformance to this chapter, and any recommendations for the requirements or conditions to be imposed on the proposed development by the Board of Adjustment.

   2.   The Planning and Zoning Commission shall consider the application at a public hearing. The public hearing shall be scheduled according to standard agenda procedures.

   3.   After reviewing the application at a public hearing, the Planning and Zoning Commission shall report to the Board of Adjustment whether it concurs in whole or in part with the Zoning Administrator's proposed findings and recommendations. To the extent the Planning and Zoning Commission does not concur, the Planning and Zoning Commission shall propose its own recommendations and provide supporting reasons.

   1.   A conditional use permit may be issued only after review and approval of the submitted application, including any plans (Site Plan Review) as required under Sections 165E.07 through 165E.11 of this Zoning Code, by the Board of Adjustment. An application and plan shall only be approved upon determination that the development, if completed as proposed will comply with the provisions of this chapter.

   2.   The conditional use permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, and shall incorporate by reference the approved application and plan. The permit shall contain any special conditions or requirements lawfully imposed by the Board of Adjustment. The Zoning Administrator shall record the permit and shall provide the applicant with a copy of the recorded permit.

   3.   All development shall occur strictly in accordance with such approved application and plan.

   1.   The applicant for a conditional use permit must be a person with the legal authority to take action in accordance with the permit. In general, this means that applications should be made by the owners or lessees of the subject property or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits, or their agents.

   2.   The application must be submitted on an approved form and must be complete. An application shall be complete when it contains all the information necessary for the Board of Adjustment to decide whether the development, if completed as proposed, will comply with all of the requirements of this section. Unless the Board of Adjustment informs the applicant at the hearing in what way the application is incomplete, the application shall be presumed to be complete. If incomplete, the Board of Adjustment shall offer the applicant the opportunity to complete the application, either at that hearing or at a continuation hearing.

   3.   To minimize planning costs to the developer, avoid misunderstandings or misinterpretations, and to ensure compliance with the requirements of this section, a pre-application conference between the developer and the Zoning Administrator is encouraged.

   Notification will be posted as per Section 18.05 of this Code of Ordinances.

   1.   The Board of Adjustment shall review the proposed development for conformance to the following development criteria:

      A.   Compatibility. The proposed buildings or use shall be constructed, arranged and operated so as to be compatible with the character of the zoning district and immediate vicinity, and not to interfere with the development and use of adjacent property in accordance with the applicable district regulations. The proposed development shall not be unsightly, obnoxious or offensive in appearance to abutting or nearby properties.

      B.   Transition. The development shall provide for a suitable transition, and if necessary, buffer between the proposed buildings or use and surrounding properties.

      C.   Traffic. The development shall provide for adequate ingress and egress, with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access.

      D.   Parking and Loading. The development shall provide all off-street parking and loading areas as required by this Zoning Code, and adequate service entrances and areas. Appropriate screening shall be provided around parking and service areas to minimize visual impacts, glare from headlights, noise, fumes or other detrimental impacts.

      E.   Signs and Lighting. Permitted signage shall be in accordance with the applicable district regulations and shall be compatible with the immediate vicinity. Exterior lighting, if provided, shall be with consideration given to glare, traffic safety and compatibility with property in the immediate vicinity.

      F.   Environmental Protection. The development shall be planned and operated in such a manner that will safeguard environmental and visual resources. The development shall not generate excessive noise, vibration, dust, smoke, fumes, odor, glare, groundwater pollution or other undesirable, hazardous or nuisance conditions, including weeds.

   2.   If the Board of Adjustment concludes that all development criteria will be met by the development, it shall approve the application and plans unless it concludes, based on the information submitted at the hearing, that if completed as proposed there is a strong probability the development will:

      A.   Not adequately safeguard the health, safety and general welfare of persons residing or working in adjoining or surrounding property; or

      B.   Impair an adequate supply (including quality) of light and air to surrounding property; or

      C.   Unduly increase congestion in the roads, or the hazard from fire, flood or similar dangers; or

      D.   Diminish or impair established property values on adjoining or surrounding property; or

      E.   Not be in accord with the intent, purpose and spirit of this Zoning Code or Comprehensive Development Plan.

   The burden of persuasion as to whether the development, if completed as proposed, will comply with the requirements of this chapter is at all times on the applicant. The burden of presenting evidence to the Board of Adjustment sufficient enough for it to conclude that the application does not comply with the requirements of this section is upon the person or persons recommending such a conclusion, unless the information presented by the applicant warrants such a conclusion.

   In considering whether to approve an application for a conditional use permit, the Board of Adjustment shall proceed according to the following format:

   1.   The Board of Adjustment shall establish a finding of facts based upon information contained in the application, the staff report, and presented at the Board of Adjustment hearings.

   2.   The Board shall consider such reasonable requirements or conditions to the permit as will ensure the development will satisfy the requirements of this chapter. A vote may be taken on such conditions before consideration of whether the permit should be approved or denied for any of the reasons set forth in Subsections 3 or 4.

   3.   The Board of Adjustment shall consider whether the application complies with all of the applicable development criteria set forth in Section 165C.07. Separate votes may be taken with respect to each criterion. If the Board of Adjustment concludes that the application fails to meet one or more of the criteria, the application shall be denied.

   4.   If the Board of Adjustment concludes that all such criteria have been met, the application shall be approved unless it adopts a motion that the application fails to meet any of the approval standard set forth in Section 165C.07. Separate votes may be taken with respect to each standard.

Any such motion regarding compliance or noncompliance of the application to the development criteria or approval standards shall specify the supporting reasons for the motion. It shall be presumed the application complies with all criteria and standards not specifically found to be unsatisfied. Without limiting the foregoing, the Board of Adjustment may attach to a permit a condition limiting the duration of the permit. All conditions or requirements shall be entered on the permit.

   1.   A conditional use permit shall expire automatically if: (i) if, within one year after issuance, substantial action has not been taken to accomplish the purpose for which the permit was granted; or (ii) after substantial action has been taken and subsequently such work is discontinued for a period of one year, the permit shall immediately expire; or (iii) the conditional use has been established and subsequently is discontinued for a period of one year, the permit shall immediately expire.

   2.   The Board of Adjustment may extend for a period up to one year the date when a permit would otherwise expire if it concludes that: (i) the permit has not expired; or (ii) the permit recipient has proceeded in good faith and with due diligence; or (iii) conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to one year upon the same findings. All such extensions may be granted without reversion to the formal processes and fees required for the original permit.

   3.   For purposes of this section, the conditional use permit is issued when the Board of Adjustment votes to approve the application and plans. Substantial action shall include commencement of construction, erection, alteration, demolition or similar work required for the development authorized by the permit. With respect to phased development, this shall apply only to the first phase.

   A conditional use permit authorizes the permit holder the use of land or structures in a particular way and subject to certain conditions. As such, it is transferable. However, no person (including successors or assigns of the original permit holder) may make use of the land or structures covered under such permit except in accordance with all terms and requirements of the permit, so long as the permit remains in effect.

   1.   Insignificant modifications to the approved permit are permissible upon authorization by the Zoning Administrator.    A modification is insignificant if it has no discernible impact on neighboring properties, the general public or those intended to use or occupy the proposed development.

   2.   Minor modifications to the approved permit are permissible with the approval of the Board of Adjustment. Such permission may be obtained without a formal application, public hearing or payment of fees. A modification is minor if it has no substantial impact on neighboring properties, the general public or those intended to use or occupy the proposed development.

   3.   All other requests for modifications to the approved permit will be processed as new applications. New conditions may be imposed by the Board of Adjustment, but the applicant retains the right to reject such new conditions by withdrawing the request for modifications and proceeding under the terms and conditions of the original permit.

   4.   The permit holder requesting approval of modifications shall submit a written request (including plans as necessary) for such approval to the Administrator, and the request shall specifically identify the modifications. The Administrator shall determine whether the proposed modification falls within the categories set forth in Subsections 1, 2 and 3.

   5.   Approval of all modifications must be given in writing.

   These off-street parking regulations require that developments provide parking in proportion to the need created by each use. The regulations further establish standards for the functional design of parking facilities and are intended to accommodate vehicles in a functionally satisfactory manner and to minimize external effects on neighboring properties.

   1.   Off-street automobile storage or standing space shall be provided on any lot on which any of the uses or similar uses found in Section 165C.15.

   2.   Off-street automobile storage or standing space shall be provided with vehicular access to a street or an alley.

   3.   For purposes of computing the number of parking spaces available in a given area, the ratio of 250 square feet per parking space shall be used. Where calculations in accordance with the foregoing list results in requiring a fractional space, any fraction less than one-half shall be disregarded and any fraction of one-half or more shall require one space.

   4.   All required parking spaces for single-family, two-family, and multi-family dwellings, rooming, and boarding houses, convalescent homes, and mobile homes shall be paved with asphalt or concrete. [See Section 165A.22(12)(C) and (D) for additional accessory parking regulations.]

   5.   In Districts RS150, RS80, and RG60, required off-street parking for residential uses shall be provided on the lot on which the use is located. In all other districts, if the vehicle storage space or standing space required in Section 165C.15 cannot be reasonably provided on the same lot on which the principal use is conducted in the opinion of the Planning and Zoning Commission and City Council, the City Council may permit such space to be provided on another off-street property, provided such space lies within 400 feet of an entrance to such principal use. Such vehicle standing space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

   6.   Where off-street parking is located on a lot other than the lot occupied by the use, which requires it, site plan approval for both lots is required.

   7.   Some uses may require two different use types to be calculated together in order to determine the total parking requirement, e.g., primary schools may require one a calculation for classrooms and another for assembly areas.

   8.   The parking requirements herein do not apply to the BGC Central General Business District.

   9.   All off-street parking conditions shall meet the ADA requirements in Section 165C.17 of this chapter.

   10.   In District MF-1, any multi-family development shall provide additional guest parking in addition to all required parking per Section 165C.15. Said guest parking shall be added as follows:

 

   11.   Residents in the Oak Hills PD shall be allowed to construct and maintain additional semi-hard surfaced parking space on the side of the established driveway farthest from the living unit. The additional parking space shall not be permitted under any circumstances in front of the living unit.

   1.   Off-Street Loading Spaces Required.

      A.   Off-Street Loading - Spaces Required. In any district in connection with every building or part thereof erected after the effective date of this Zoning Ordinance, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building at least one off-street loading space, plus one additional such loading space for each 50,000 square feet or major fraction thereof of gross floor area so used.

      B.   Loading Areas With Dock. Loading areas that have a dock shall have a minimum width of 12 feet and a minimum length of 40 feet and a vertical clearance of at least 14 feet.

      C.   Loading Areas Without a Dock. Loading areas that do not have a dock shall have a minimum width of 10 feet and a minimum length of 25 feet.

      D.   No part of any loading berth shall be closer than five feet to any established street right-of-way, alley, or property line. When adjacent to a public street, loading berths shall be screened in accordance with Municipal Code Section 165.06 Screening. When located adjacent to a residential district, loading berths must be screened along the interior side and rear lot lines with a solid wall or fence, a minimum of six feet in height. Loading berths should be located opposite any adjacent residential district lot line.

   2.   Off-Street Parking Spaces Required.

      A.   The Council recognizes that, due to particularities of any given development, the application of the parking standards set forth in paragraph D of this subsection may result in a development either with inadequate parking space or parking space far in excess of its needs. The former situation may lead to traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots. The latter situation wastes money as well as space that could more desirably be used for valuable development or environmentally useful open space. Therefore, the Zoning Administrator may permit deviations from the presumptive requirements of paragraph D and may require more parking or allow less parking whenever such deviations are more likely to satisfy the standard set forth in this section.

      B.   The table of parking requirements set forth in paragraph D of this section cannot cover every possible situation that may arise. Therefore, in cases not specifically covered, the Zoning Administrator is authorized to determine the parking requirements using this table as a guide.

      C.   When calculating the number of required off-street spaces results in a requirement of a fractional space, said fraction is rounded up.

      D.   Table of Parking Requirements.

   1.   Notwithstanding the provisions of Section 165C.15, in cases where parking and building patterns are such that overlapping uses of a majority of the total number of parking spaces in a common parking lot is likely to occur, compliance with the standard parking ratios may be decreased by the Board of Adjustment.

   2.   Mall or multi-use parking shall be calculated using the following formula: Type B (business/office) occupancy gross square footage shall require 1 parking space per 250 square feet, + Type A (assembly - bar/restaurant) occupancy gross square footage shall require 1 parking space per every 3 persons of licensed occupancy capacity. If occupancy types are unknown, the parking spaces shall be calculated with the assumption that 80 percent of the gross floor area will be Type B, and 20 percent of the gross floor area will be Type A, and the above mentioned formula shall be calculated with those statistics.   

   1.   In conformance with the Americans with Disabilities Act (ADA) and the Iowa Accessibility Guidelines per Chapter 661-18 of the IAC, if parking spaces are provided for self-parking by employees or visitors, or both, then accessible spaces shall be provided in each parking area in conformance with the table in this section. Spaces required by the table need not be provided in the particular lot. They may be provided in a different, if equivalent or greater accessibility, in terms of distance from an accessible entrance, cost and convenience, is ensured.

Source: http://www.ada.gov/adastd94.pdf

   2.   Access aisles adjacent to accessible spaces shall be 60 inches wide at a minimum.

      A.   One in every eight accessible spaces, but not less than one, shall be served by an access aisle 96 inches wide minimum and shall be designated “van accessible” as required by Subsection 4 of this section. The vertical clearance at such spaces shall comply with Subsection 5 of this section. All such spaces may be grouped on one level of a parking structure.

      B.   Parking access aisles shall be part of an accessible route to the building or facility entrance. Two accessible parking spaces may share a common access aisle.

      C.   Parked vehicle overhangs shall not reduce the clear width of an accessible route.

      D.   Parking spaces and access aisles shall be level with slopes not exceeding two percent in all directions.

      E.   If passenger-loading zones are provided, then at least one passenger loading zone shall comply with Subsection 6 of this section.

      F.   At facilities providing medical care and other services for persons with mobility impairments, parking spaces complying with this section shall be provided in accordance with Subsection 1 of this section, except as follows:

         (1)   Outpatient units and facilities: 10 percent of the total number of parking spaces provided serving each such outpatient unit or facility;

         (2)   Units and facilities that specialize in treatment or services for persons with mobility impairments: 20 percent of the total number of parking spaces provided serving each such unit or facility.

      G.   Valet parking: valet parking facilities shall provide a passenger loading zone complying with Subsection 6 of this section located on an accessible route to the entrance of the facility. Subsections 1, 2(A) and 2(C) of this section do not apply to valet parking.

   3.   Location of accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance.

      A.   In parking facilities that do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility.

      B.   In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances.

   4.   Signage of accessible parking spaces shall be designated as reserved by a sign showing the symbol of accessibility. Spaces complying with Paragraph 2A of this section shall have an additional sign stating the stall is “Van Accessible” mounted below the symbol of accessibility. Such signs shall be located so they cannot be obscured by a vehicle parked in the space.

   5.   Minimum vertical clearance of 114 inches at accessible passenger loading zones and along at least one vehicle access route to such areas from site entrances and exits. At parking spaces complying with Paragraph 2A, provide minimum vertical clearance of 98 inches at the parking space and along at least one vehicle access route to such spaces from site entrances and exits.

   6.   Passenger loading zones shall provide an access aisle at least 60 inches wide and 240 inches long adjacent and parallel to the vehicle pull-up space. If there are curbs between the access aisle and the vehicle pull-up space, then a curb ramp complying with accessibility standards shall be provided. Vehicle standing spaces and access aisles shall be level with surface slopes not exceeding two percent in all directions.

   1.   Standard parking stall dimensions shall not be less than 10 feet by 18 feet, plus the necessary space for maneuvering into and out of the space. Where the end of the parking space abuts a curbed area at least five feet in width (with landscaping or sidewalk), an overhang may be permitted which would reduce the length of the parking space by two feet. Such overhang shall be measured from the face of the curb. For standard parking lots, minimum dimensions shall be as follows:

 

See Chapter 155 of this Code of Ordinances.