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Sioux Falls City Zoning Code

CONDITIONAL USE

PERMITS

§ 160.605 PROCEDURE.

   The planning commission may authorize by conditional use permit the uses designated in this subchapter when located in a zoning district allowing that use. The planning commission shall impose those conditions as are appropriate and necessary to ensure compliance with the comprehensive plan and protect the health, safety, and general welfare in the issuance of the conditional use permit. Unless expressly modified by the board of adjustment, all regulations of the zoning district in which the use is located shall apply. No primary on-sale alcoholic beverage license shall be issued unless the owner or lessee of the premises on which the on-sale alcoholic beverage establishment is to be operated first shall have obtained a conditional use permit for that establishment on the premises.
(1992 Code, App. B, § 15.59.010) (Ord. 42-83, passed 6-27-1983; Ord. 56-05, passed 6-6-2005; Ord. 13-07, passed 1-16-2007; Ord. 9-13, passed 3-19-2013)

§ 160.606 APPLICATION.

   (a)   To obtain a conditional use permit, the applicant shall file an application therefor, in writing, on a form furnished by the department of planning and building services.
   (b)   Every application shall contain the following information:
      (1)   Legal description of the land on which the conditional use is requested, together with local street address.
      (2)   Name and address of each owner of the property.
      (3)   Name, address, phone number and signature of the applicant.
      (4)   Zoning district classification under which the property is regulated at the time of the application.
      (5)   Be accompanied with a conditional use plan, unless waived by the planning director.
      (6)   Any other information concerning the property as may be requested by the director or planning commission.
      (7)   If the property is located within the water source protection overlay district, the following information shall accompany the application:
         A.   Description of the proposed activity, use, or development, including information and technical data and complete blueprints.
         B.   Inventory, including amounts of contaminants and/or hazardous materials to be stored or used on the property or premises.
         C.   Provide complete descriptions, plans, and specifications of primary and secondary containment facilities, including provisions for leak/ spill detection and monitoring.
         D.   Submit a completed contingency plan.
         E.   Any other information as may be deemed necessary by the environmental impact committee or screening committee.
(1992 Code, App. B, § 15.59.020) (Ord. 42-83, passed 6-27-1983; Ord. 31-90, passed 4-20-1990; Ord. 124-06, passed 10-2-2006; Ord. 9-13, passed 3-19-2013)

§ 160.607 FEES.

   Upon the filing of any application for a conditional use permit with the department of planning and building services, the applicant shall pay to the city the appropriate fee as designated in §§ 160.745 through 160.760.
(1992 Code, App. B, § 15.59.030) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)

§ 160.608 INFORMATION ON CONDITIONAL USE PLANS.

   (a)   The property for which the conditional use is being requested must be described through the use of a conditional use plan. The entire property which is described legally on the application must be shown within the conditional use plan.
   (b)   (1)   In addition to the following information, plans shall be drawn to scale upon substantial paper or provided electronically and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and all work must conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. Conditional use plans require a complete plan check, by zoning and building services, prior to obtaining a building permit.
         A.   The name of the project and/or business.
         B.   The scale and north arrow.
         C.   All existing and proposed buildings or additions and uses.
         D.   Dimensions and total square footage of all buildings: Include height and number of stories.
         E.   Distance from all building lines to the property lines at the closest points.
         F.   Dimensions of all property lines including platted property lines.
         G.   Name and location of all adjacent streets, alleys, waterways and other public facilities.
         H.   Location and dimensions of the parking lots; designate each space, stall, and aisle. Include access to public right-of-way in accordance with § 157.113 [Streets system] of this Code.
      (2)   Supplemental information: The planning commission or the city council may approve additional conditions to be shown on a conditional use plan addendum to detail the following:
         A.   Proposed parking lot and dumpster screening; show height, location and type of materials to be used.
         B.   The proposed landscaped setback areas and trees and vegetation; indicate species of trees and vegetation materials to be used for landscaping including a plant materials schedule. Indicate landscape site areas to be irrigated with underground systems in accordance with § 160.485.
         C.   Proposed on-premises signage types, number, locations and design in accordance with §§ 160.570 et seq.
         D.   Proposed project lighting type, location and design in accordance with § 160.491.
         E.   Project phasing.
         F.   Architectural building plan elevations depicting height, roof pitch, and exterior building materials.
         G.   Hours of operation.
         H.   Sound levels at stationary sources (Chapter 93: Nuisances, §§ 93.001 through 93.011 of this Code).
         I.   Any other information as deemed necessary by the planning commission or the city council.
      (3)   Exception: The director may waive the submission of plans if they find that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this chapter, such as interior improvements and tenant finishes or single- family/attached dwellings.
(1992 Code, App. B, § 15.59.040) (Ord. 42-83, passed 6-27-1983; Ord. 56-05, passed 6-6-2005; Ord. 124-06, passed 10-2-2006; Ord. 9-13, passed 3-19-2013)

§ 160.609 PLANNING COMMISSION HEARING.

   Upon the filing of an application for a conditional use permit, the department of planning and building services shall set a date for public hearing on the request. The date for the public hearing shall be a day when the planning commission is regularly scheduled to meet as determined by the rules, policies and regulations as adopted or which may hereafter be adopted by the planning commission for holding public hearings on those requests, or the planning commission may designate a special meeting at which to hear a requested conditional use application.
   (a)   Public notice.
      (1)   Signs. Signs shall be posted on the property for a continuous period of ten days immediately prior to the public hearing held by the planning commission or city council to consider the conditional use permit. The signs shall be furnished by the department of planning and building services; state the date, time and location of the public hearing and be posted by the applicant in the numbers, design and locations prescribed by the director. Before any action shall be taken by the planning commission, the applicant shall first file with the department of planning and building services a certificate verifying that the signs have been posted at the property location before the time specified by this section.
      (2)   Written notice. Written notice shall be sent by the city to adjacent property owners within 300 feet, measured from lot line to lot line. The letters shall be postmarked at least ten business days prior to the hearing and state the date, time, and location of the public hearing.
      (3)   Publication. The public hearing date, time, and location shall be published at least ten days in advance of the hearing in a legal newspaper in the community.
      (4)   Failure to provide notice. Failure to provide actual notice to each person so entitled shall not render any proceeding hereunder invalid, provided that the applicant or the city substantially complies with the requisite published legal newspaper notice, public notice and hearing requirements of this subchapter.
   (b)   Hearing.
      (1)   Upon the day of the public hearing, the planning commission shall review the decisions and recommendations of planning staff of all applications coming before the planning commission as provided in this subchapter.
      (2)   Any decision to grant a conditional use shall be based upon and accompanied by a statement regarding:
         A.   The objectives of the comprehensive plan.
         B.   The purpose of the zoning ordinance and its relevant zoning districts when making a decision to approve or disapprove a conditional use permit.
         C.   The stated conditional use standards within § 160.616.
      (3)   The planning commission, in making its determination of the applications, may make changes in accordance with or in rejection or modification of recommendation of the planning staff.
   (c)   Action and protest. Approval or denial of any application for a conditional use permit shall be by a majority of members present. The decision rendered by the planning commission on a conditional use permit may be appealed to the city council. To appeal the decision of the planning commission, the applicant or any other person aggrieved by the decision shall file a written appeal with the department of planning and building services within five working days of the planning commission’s decision.
(1992 Code, App. B, § 15.59.050) (Ord. 42-83, passed 6-27-1983; Ord. 45-95, passed 3-6-1995; Ord. 18-96, passed 2-5-1996; Ord. 56-05, passed 6-6-2005; Ord. 18-11, passed 4-4-2011; Ord. 9-13, passed 3-19-2013)

§ 160.610 CITY COUNCIL HEARING.

   When an appeal regarding a conditional use permit has been filed in accordance with § 160.609(c), the city council shall conduct a public hearing to act on all applications which have been processed and forwarded to them for public hearing as provided in this section.
   (a)   Public notice. Signs shall be posted on the property for a continuous period of ten days immediately prior to the public hearing held by the city council to consider any conditional use permit appeal. The signs shall be furnished by the department of planning and building services; state the date, time and location of the public hearing and be posted by the applicant in the numbers, design and locations prescribed by the director. Before any action shall be taken by the council, the applicant shall first file with the department of planning and building services a certificate verifying that the signs have been posted at the proper location before the time specified by this section.
   (b)   Hearing. Upon the day of the public hearing, the city council shall review the decisions and recommendations of the planning commission of all applications coming before the city council as provided in this subchapter. The city council, in making its determination of the applications, may make changes in accordance with or in rejection or modification of the recommendation of the planning commission.
   (c)   Action and protest. Approval or denial of any application for a conditional use plan shall be by a majority of members present. Any person or persons, jointly or severally, aggrieved by any decision of the city council, or any taxpayer, or any officer, department or board of the city, may make application with the circuit court for appropriate writ not later than 30 days after the filing of the decision.
(1992 Code, App. B, § 15.59.055) (Ord. 42-83, passed 6-27-1983; Ord. 45-95, passed 3-6-1995; Ord. 55-97, passed 8-4-1997; Ord. 67-98, passed 7-6-1998; Ord. 56-05, passed 6-6-2005; Ord. 58-06, passed 5-1-2006; Ord. 18-11, passed 4-4-2011; Ord. 9-13, passed 3-19-2013)

§ 160.611 APPROVAL AND AMENDMENTS TO CONDITIONAL USE PERMITS.

   (a)   Approval. The city council or planning commission gives final approval, and all work shall be completed and enforced in accordance with the approved conditions. Approved conditions shall not be amended without approved authorization as noted below.
   (b)   Conditional use amendments. Any approved conditional use plan may be amended the same as a new conditional use permit as provided in this section, or entirely withdrawn by the applicant.
(1992 Code, App. B, § 15.59.060) (Ord. 42-83, passed 6-27-1983; Ord. 124-06, passed 10-2-2006; Ord. 9-13, passed 3-19-2013)

§ 160.612 EXPIRATION.

   (a)   A conditional use permit shall expire one year from the date upon which it becomes effective if no work has commenced. Upon written request to the planning director and prior to the conditional use permit expiration date, a one-year time extension for the conditional use permit may be granted by the planning director, subject to the following conditions:
      (1)   There was no public objection presented during the public hearing process for the original conditional use permit.
      (2)   The land uses for the surrounding properties have not significantly been altered since the original approval date for the conditional use permit.
      (3)   Due to other ongoing permitting processes or necessary engineering/planning studies relating to the specific project for the conditional use permit that may impact the one-year schedule for project completion.
   (b)   A conditional use permit approved in accordance with §§ 160.605 through 160.616 shall expire one year after the use discontinues on the premises, or the use is changed to another permitted use in the underlying district.
(1992 Code, App. B, § 15.59.070) (Ord. 42-83, passed 6-27-1983; Ord. 25-93, passed 4-5-1993; Ord. 98-01, passed 11-5-2001; Ord. 9-13, passed 3-19-2013)

§ 160.613 PERMIT REVOCATION.

   If the director finds at any time that the terms, conditions and requirements of the conditional use permit have not been complied with, or that any phase thereof has not been completed within the time required under the conditional use permit or any amendment thereto, the director shall report this fact to the applicant and the planning commission. The planning commission may, after conducting a public hearing, of which the applicant shall be notified, submit a recommendation to the city council for their consideration and action. The city council may, after a public hearing of which the applicant shall be notified, revoke the conditional use permit for failure to comply with those terms, conditions and requirements, or take other action as it may deem necessary to obtain compliance.
(1992 Code, App. B, § 15.59.075) (Ord. 42-83, passed 6-27-1983; Ord. 29-91, passed 4-1-1991; Ord. 9-13, passed 3-19-2013)

§ 160.614 PREEXISTING USES.

   An existing use eligible for a conditional use permit which was lawfully established on the effective date of this chapter shall be deemed to have received a conditional use permit as herein required and shall be provided with the permit by the city upon request, and it shall not be a nonconforming use, provided, however, for any enlargement, extension or relocation of the existing use, an application in conformance with this subchapter shall be required.
(1992 Code, App. B, § 15.59.080) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)

§ 160.615 REAPPLICATION.

   No applicant requesting a conditional use permit whose application includes the same or substantially the same requirements for the same or substantially the same property as that which has been denied by the planning commission or city council shall be again considered by the planning commission before the expiration date of six months from the date of the final action on the petition.
(1992 Code, App. B, § 15.59.090) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)

§ 160.616 CONDITIONAL USE STANDARDS.

   Any conditional use approved by the planning commission or city council shall conform to the standards set forth for the uses below. These standards shall be construed to be the minimum requirements for any of the specified conditional uses, and the planning commission or city council can require additional conditions at their discretion. In all cases, the impact of the proposed use on the adjacent properties will be a major consideration.
   Accessory alcohol. See Full-service restaurant.
   Accessory buildings. Accessory buildings larger than the primary building should be approved only if there is a legitimate residential purpose for the accessory buildings. Special care should be taken to ensure that the applicant is not using the structure for the operation of any business and that the applicant understands that any commercial or industrial use would not be permitted in the accessory building.
   Accessory dwelling units. The substitution of the permitted special use standards should perform at the same or higher level and shall ensure that the accessory dwelling will still be compatible with the single-family character of the neighborhood by ensuring that the size, parking, and setbacks will all be consistent with the scale of the single-family site.
   Accessory parking, off-site. The off-site parking should be located within a reasonable distance of the use it is intended to serve. Natural or human-made barriers and travel safety between sites should be considered. The parking must be restricted by a written instrument of record. The instrument must be in a form acceptable to the director and contain the number of spaces under lease and a statement assuring retention of these spaces for a period specified by the planning commission; however, not less than one year.
   Adult use. The 1,000-foot restriction may be waived if the city council finds:
      (1)   The proposed use will not enlarge or encourage the development of a blighted area.
      (2)   The establishment of the use will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal.
      (3)   The concentration of these uses will not have an adverse effect upon adjacent uses.
      (4)   Mitigation of issues related to hours of operation, orientation, and design of the building and parking, and safety management.
   Antenna support structure. See Tele-communications tower.
   Archery range.
   Assisted-living center facility. The users shall be located in areas where their impact on adjacent properties would not be detrimental due to their large traffic flow or parking area.
   Bed and breakfast establishment. Such establishments should be located where there will be minimal impact on surrounding residential properties and should comply with the following conditions:
      (1)   Bed and breakfast establishments shall be an accessory use within an owner-occupied principal dwelling.
      (2)   The dwelling shall provide a minimum 1,800 square feet of floor area.
      (3)   Shall be in compliance with applicable state laws including South Dakota department of health lodging licensing and provide a smoke detector in each sleeping room.
      (4)   Off-street parking requirements shall be one-half space per guest room and shall be in addition to the total number of parking spaces required. Off-site parking may be acceptable if permitted parking facilities are within 500 feet.
   Broadcast tower. Location of the tower shall be done with consideration for public safety in the event that the tower would fall and to minimize adverse visual impact of broadcast towers through careful design, siting, and screening. Care should be taken to avoid interference with any similar broadcast use and in no event shall the tower be located in any airport flight path. The tower shall be constructed in a manner that will make it inaccessible for unauthorized persons to climb.
   Campground. Campgrounds should be designed to incorporate as many of the requirements of a permitted special use. The conditional use should allow for only the minimum reduction of the permitted special use standards while still keeping to the intent of the campground.
   Car wash. See Retail and service, motor vehicle.
   College, university, or post high school. Such uses must be sited and designed in a way as to minimize their impact on adjacent residential uses. Special attention must be given to parking, lighting, the height of the structure, the traffic generated and similar problems. Parking should generally be screened from any adjacent residential areas.
   Crematory. Crematories shall be located a sufficient distance away from residential areas to limit the sounds or odors coming from the crematorium. Parking and building sight lines should be mitigated through berming and landscaping, including coniferous vegetation for year around shelter. Buildings should be constructed to be compatible with the surroundings.
   Cultural facility. The substitution of the permitted special use standards should perform at the same or higher level than for brick or wood siding, pitched roof, or parking in the front yard when adjacent to DD and AD forms that are required by the special permitted standards through methods such as orientation, topography, higher level of aesthetics, or barriers that are used to create comparable performance.
   Day care center. A safe, healthy environment for the person is of primary importance. Applicants shall remit their authorization from the city health department prior to conditional use permit approval. Day care centers and family day cares shall be located in areas where an adequate and safe playground with sufficient green areas can be provided, where safe access to the use is available, and in areas where the uses will be convenient for their clients.
   Detention facility. See Human service facility.
   Dwellings for members of religious orders. Dwellings for members of religious orders shall generally be located adjacent to the places of worship, school, or hospital with which they are affiliated. The uses shall operate as a single housekeeping unit and shall be of a small enough scale to have no negative impact on adjacent properties. Parking should be limited to those autos parked or stored on the premises by individuals residing on the premises.
   Dwelling for multifamily on the street level story. The approved initial development plan (V-PUD or DT-PUD) must demonstrate that first-story residential units will enhance and not detract from the mixed-use character of the area.
   Dwelling, single-family detached (within a DD4 form—Historic Preservation).
      (1)   The Sioux Falls Board of Historic Preservation (BOHP) shall review the construction rehabilitation, restoration or reconstruction of any principal building to determine whether the proposed design will have an adverse effect on the historic character of the zoning district. The BOHP shall review to ensure the historical integrity of the following building elements is maintained.
         A.   Massing—per district style(s).
         B.   Form—orientation, style.
         C.   Details—materials, methods, and colors per district style(s).
         D.   Roofs—pitch, details.
         E.    Windows—proportions, details.
         F.   Porches and decks—form, details.
         G.   Doors and entrance ways—details.
         H.   Trim—details.
         I.   Above grade foundations—details.
      (2)   The demolition of any principal building shall be approved only if another principal building is approved that is consistent with the building styles of the historic district if it does not significantly affect the historical integrity and character of the historical district or if the demolition is necessary because the building is structurally deficient.
   Family day care. See Day care center.
   Full-service restaurant. Upon application for a conditional use permit, the following supplemental information shall be provided:
      (1)   A menu depicting food items available.
      (2)   Hours of operation.
      (3)   A security management plan shall be provided to the Police Department to address operational issues including employee training and supervision of customers, enforcement of age-restrictive product sales, and smoking policy. If the conditions of the management plan are violated the conditional use permit may be revoked.
      (4)   A floor plan depicting the dining area, kitchen facilities and separate incidental area for alcohol service and consumption.
   Funeral establishment. Funeral establishments shall be located in areas where the traffic they generate can be adequately channeled. Design of these sites should try to minimize the impact of the parking areas. The proximity of the funeral establishment to residential areas and hours of operation shall be limited.
   Halfway house. See Human service facility.
   Heliport. Heliports shall be regulated with regard for the routes that they would take and the hours of operation. No facility shall be allowed without prior approval of the FAA. The site should be required to be hard surfaced to reduce blowing dust. The landing pad should be required to be constructed in a manner to avoid spillage entering the sewer system and/or to prevent it from overflowing the roof of a building. Heliports may be constructed on the roof of a building or on the ground; however, in either event, the facility should be constructed so that access at-will by the public would not be permitted. Heliport plans should be reviewed by the building inspection and fire departments prior to construction, and any requirements made by those departments shall be required of the applicant. The uses should be required to conform to §§ 93.001 through 93.011 (Chapter 93: Nuisances) of this Code of Ordinances.
   Human service facility. A human service facility may be permitted provided it is found that:
      (1)   The location is compatible with characteristics of surrounding uses, and not injurious to surrounding properties.
      (2)   The facility being fully enclosed within a building, except for a designated outdoor enclosed area.
      (3)   Submittal of a site plan in accordance with § 160.608.
      (4)   Submittal of a written management and security plan which outlines management and security provisions, and includes a neighborhood issues management strategy.
      (5)   A neighborhood meeting shall be conducted prior to a city public hearing which addresses site improvements, building design, and “good neighbor” components, and addresses the means for any future problems as may arise, including crime prevention, alcohol and drug use policies and the like.
      (6)   Additional neighborhood meetings shall be organized and held by the applicant to ensure conditional use permit compliance. One neighborhood meeting shall be held within 90 days after business operations begin, and another neighborhood meeting shall be held prior to the one-year anniversary date of business operation.
   Kennel. If a kennel includes outdoor kennels, it should be located in areas where the noise generated by the use would not be a nuisance or detrimental to adjacent properties. Other buffers such as walls, berms, and landscaping may be required in separating the kennel operation from adjacent property owners.
   Live-work facility. The substitution of the permitted special use standards should perform at the same or higher level than for brick or wood siding, pitched roof, or parking in the front yard when adjacent to DD and AD forms that are required by the special permitted standards through methods such as orientation, topography, higher level of aesthetics, or barriers that are used to create comparable performance.
   Manufactured home park. The substitution of the permitted special use standards should perform at the same or higher level in regards to land use transitions that are required by ordinance through methods such as orientation, topography, higher level of aesthetics, or barriers that are used to create comparable performance.
   Manufacturing, process, and assembly, heavy.
      (1)   If adjacent to residential, a neighborhood meeting shall be conducted to gain input about methods to transition the business from the adjacent residential homes through building design, screening, landscaping, buffer yards, and considering the below standards.
      (2)   Screening. The business may be operated within a permanent building which complies with this code, or in a yard enclosed by a solid fence, which must totally screen the manufacturing business from view from outside the property. The fence must extend from grade level to a height equaling the maximum height to which fences may be built under § 160.480 of this Code for the district where the property is located.
      (3)   Minimize odor impacts. Such uses shall be located in a manner which will minimize the impact of odors from the plant on the residential and recreation districts in the city.
      (4)   Prevent groundwater leakage. Petitioners should present a building design which would utilize measures to prevent infiltration of the groundwater in the event of leakage, and petitioners should consult with and present a report from the city water and water reclamation departments to determine the impact of the development on city utilities.
      (5)   Traffic mitigation. Traffic can only travel on residential streets when it is only a secondary access point and it can be shown that heavy traffic including truck traffic will typically not use the secondary access point or will not pass any residential homes.
      (6)   Minimize heat, glare, and noise. These uses shall be constructed in such a way as to minimize any heat, glare, or noise that would be generated by them.
      (7)   Fire/explosion mitigation. These uses shall be located in areas where they would not present a hazard to adjacent properties in the event of a fire or explosion. The petitioners should secure a report from the fire department regarding any building standards that must be met or other concerns the fire department has regarding the use.
      (8)   Medical waste. The operations of any medical waste facility or treated medical storage must be fully enclosed within a building.
      (9)   Litter, odor and product control. These facilities must submit, along with the conditional use permit application, a site management plan outlining litter, odor, and product control measures to be approved by the planning and health departments.
      (10)   Accessory uses. Any accessory use of the heavy manufacturing business shall be considered when measuring impacts.
   Manufacturing, process, and assembly, light.
      (1)   Traffic mitigation. Traffic can only travel on residential streets when it is only a secondary access point and it can be shown that heavy traffic including truck traffic will typically not use the secondary access point or will not pass any residential homes.
      (2)   Unscreened outdoor storage only allowed if public view of the outdoor storage is limited from view because of the terrain and/or the orientation of the storage is in such a way that it is obscured from view by buildings and other natural features such as trees.
   Medical cannabis dispensary. The permitted special standards may be reduced to no less than 500 feet from sensitive land uses if the planning commission finds that the plan performs at the same or higher level with reduced separation distances. The applicant must then include mitigation measures that for example utilize topography, higher level of aesthetics, or barriers that are used to provide the same or higher levels of land use transitions. For no reason shall a reduction in the separation distance between two medical cannabis dispensaries be allowed as provided by the standards of the permitted special use.
   Medical cannabis testing facility. The permitted special standards may be reduced to no less than 500 feet from sensitive land uses if the planning commission finds that the plan performs at the same or higher level with reduced separation distances. The applicant must then include mitigation measures that for example utilize topography, higher level of aesthetics, or barriers that are used to provide the same or higher levels of land use transitions. For no reason shall a reduction in the separation distance between two medical cannabis testing facilities be allowed as provided by the standards of the permitted special use.
   Mining of minerals. See Quarry, mining, and exploration of minerals.
   Motor vehicle sales, display, and rental. When a lot has hard surfacing greater than an area and when closer than 250 feet of DD and AD forms, hard-surfaced areas shall be required to meet the smaller parking fields requirements of § 160.556 (i). When in the RE2 or RE3 forms, a level D buffer yard or an equivalent or better landscaping plan shall also be required.
   Mortuary. Mortuary establishments shall be located in areas where the traffic they generate can be adequately channeled. Design of these sites should try to minimize the impact of the parking areas proximity to residential and hours of operation shall be limited.
   Motor vehicle display and sales within an existing commercial parking lot/facility. The use shall maintain adequate parking and fire access for the primary use.
   Nonconforming uses. A conditional use permit may be granted to authorize the issuance of a permit to allow the enlargement, extension, conversion, reconstruction, or structural alteration of any building, structure, or outdoor use. In consideration for a permit, the following criteria shall be given specific consideration:
      (1)   Effect on surrounding property values.
      (2)   Impact on traffic and city utility services.
      (3)   The density of land use zoning for the subject and adjacent properties.
      (4)   The degree of hardship upon the applicant which would be caused by failure to grant the permit.
      (5)   It can be demonstrated that it was the owner’s intent to use the entire premises for the use prior to the adoption, revision, or amendment of this chapter.
   Nursing homes. See Assisted-living center facility.
   Office. The substitution of the permitted special use standards should perform at the same or higher level than for brick or wood siding, pitched roof, or parking in the front yard when adjacent to DD and AD forms that are required by the special permitted standards through methods such as orientation, topography, higher level of aesthetics, or barriers that are used to create comparable performance.
   Off-premises signs. Off-premises signs shall be located on the site in a manner that will minimize the negative effects of the sign. Off-premises signs shall be encouraged to be of a height that allows them to be seen but not so high as to permit visual pollution in the area. These signs should be required to be spaced a sufficient distance from each other to avoid the negative impact of several large signs concentrated in one area. Signs shall be reviewed and special consideration given for the following aesthetic quality categories: structure (number and design of support poles, size, shape, and color), maximum height, maximum area, lighting, electronics, extensions, and eye catchers. The proximity of off-premises signs to sensitive uses, cemeteries, and historic districts with frontage along the same right-of-way as the roadway in which the off-premises sign is intended to be read and/or direct sight lines from a sensitive use, cemetery, or historic district to the off-premises sign shall be a primary consideration.
   Off-sale alcoholic beverage establishment. An off-sale alcoholic beverage establishment may be permitted provided it is found that: A security management plan shall be provided to the police department to address operational issues including employee training and supervision of customers, enforcement of age-restrictive product sales, and smoking policy. If the conditions of the management plan are violated the conditional use permit may be revoked.
   Off-site parking. Parking lots and ramps shall be constructed in a manner that will cause a minimum amount of impact on adjacent residential uses. Particular care should be taken with the height of the ramp so that adjacent properties are not deprived of sunlight. Access to or from the ramp should be on nonresidential streets. Screening of the lot or ramp from the residential structure should be done. Care should be taken so that any lighting of the facility should be of a type which would not reflect on to the adjacent residential area.
   On-sale alcoholic beverage establishment. An on-sale alcoholic beverage establishment may be permitted provided it is found that the location:
      (1)   The on-sale alcohol establishment must have all parking spaces within the on-site parking lot in close proximity and facing the entrance.
      (2)   Lighting may be considered to provide illumination for security and safety of parking access areas. On-site lighting plans shall be submitted for review and approval.
      (3)    Soundproofing may be considered to prevent noise and vibrations from penetrating into surrounding properties or lease space.
      (4)   A security management plan shall be provided to the police department to address operational issues including employee training and supervision of customers, enforcement of age-restrictive product sales, and smoking policy. If the conditions of the management plan are violated the conditional use permit may be revoked.
   Parking ramps. See Off-site parking.
   Pet cemetery. Pet cemeteries shall generally be located in areas with adequate public access; and further, all animals shall be required to be buried in containers to a depth of at least six feet.
   Places of worship. These uses shall be located in areas where their impact on adjacent properties would not be detrimental due to their large size traffic situation or parking lots. They shall be designed to minimize their impact on properties of a residential nature through landscaping, setbacks, screening and other appropriate measures.
   Public service facility. These facilities and uses shall be sited and designed to be compatible with the surrounding neighborhood character, so that they will not have a significant negative impact on adjacent properties. Special attention shall be given to site design including parking and the traffic generated, landscape screening, lighting, signage and building design including orientation, setbacks, structure height, exterior materials, and color schemes.
   Quarry, mining, and mineral exploration. Typically the use shall be within 1,000 feet of any DD, AD, or MD forms unless it can be shown that appropriate transitions to these forms can be maintained through other methods such as significant buffer yards and other buffering land uses. This use shall be located where the blasting, airborne dust, and heavy truck traffic will not have a negative effect on adjacent properties. In addition, consideration should be given to the height and position of any storage or processing equipment needed on the site. All quarry, mining and mineral exploration businesses shall be required to meet the standards of § 160.342.
   Retail and service, motor vehicle. Such uses shall be compatible with the neighborhood character and be sited and designed in such a way as to minimize their impact on adjacent residential uses. Special attention should be given to the height of the structure, parking and loading areas, traffic generated, noise, lighting, and landscaping. In addition, RE2 and RE3 forms shall increase their landscaping requirements to a level D buffer yard or an equivalent or better landscaping plan.
   Retail and service, limited. Such uses shall be compatible with the neighborhood character and be sited and designed in such a way as to minimize their impact on adjacent residential uses. Special attention should be given to the height of the structure, parking and loading areas, traffic generated, noise, lighting and landscaping.
   Recreation facility, private. The substitution of the permitted special use standards should perform at the same or higher level than for brick or wood siding, pitched roof, or parking in the front yard when adjacent to DD and AD forms that are required by the special permitted standards through methods such as orientation, topography, higher level of aesthetics, or barriers that are used to create comparable performance.
   Recreation facility, subdivision. The subdivision recreation facility may be owned by someone other than the subdivision only if they can demonstrate that the facility will only serve the subdivision in the area and not the general public.
   Residential-compatible self-storage. The substitution of the permitted special use standards should perform at the same or higher level in regards to land use transitions that are required by ordinance through methods such as orientation, topography, higher level of aesthetics, or barriers that are used to create comparable performance.
   Residence above the first story. The substitution of the permitted special use standards should perform at the same or higher level than for brick or wood siding, pitched roof, or parking in the front yard when adjacent to DD and AD forms that are required by the special permitted standards through methods such as orientation, topography, higher level of aesthetics, or barriers that are used to create comparable performance.
   Sanitary landfill and wastewater plant. Typically the use shall be within 1,000 feet of any DD, AD, orMD forms unless it can be shown that appropriate transitions to these forms can be maintained through other methods such as significant buffer yards and other buffering land uses. This use shall be located where any smell, noise, and truck traffic will not have a negative effect on adjacent properties. In addition, consideration should be given to the height and position of any storage or processing equipment needed on the site. Same standards as Manufacturing, process, and assembly, heavy.
   Schools, elementary. The main vehicle access may only be off of a local street if the traffic impacts can be minimized to adjacent residential neighborhoods.
   Schools, middle and high. The substitution of the permitted special use standards should perform at the same or higher level than for brick or wood siding, pitched roof, or parking in the front yard when adjacent to DD and AD forms that are required by the special permitted standards through methods such as orientation, topography, higher level of aesthetics, or barriers that are used to create comparable performance.
   Self-storage facility. A self-storage facility with the storage of toxic or explosive material shall be required to be inspected by the fire marshal’s office and a report issued by them prior to the meeting regarding any particular hazards from such a use.
   Stable, accessory. Stables should be for the use of members of the immediate family residing on the premises; there should be a minimum of two acres in the lot, but in all cases at least one acre per horse should be provided; a pasture of at least 10,000 square feet should be provided, however a pasture would not be allowed to be located within the required front yard setback, nor should the fence surrounding a pasture be barbed wire or electric.
   Storage, Motor Vehicle. When the storage yard has hard surfacing greater than an area and when closer than 250 feet of DD and AD forms, (the storage yard) hard-surfaced areas shall be required to meet the smaller parking fields requirements of § 160.556(i).
   Telecommunications towers and antenna support structures. Where a conditional use permit is required, for approval of telecommunications towers and antenna support structures, the following will be considered:
      (1)   Design character.
         A.   Telecommunications towers, antenna support structures and equipment buildings shall be compatible with the architectural style of the surrounding built environment, considering exterior materials, roof form, scale, mass, color, texture and character. Equipment buildings may be located underground where feasible. To prevent undue concentration of telecommunications towers, consideration should be given to co-location as a first alternative.
         B.   Wireless communications facilities on new telecommunications tower structures, antenna support structures or co-located on existing telecommunications towers shall minimize visual impact on the city skyline.
      (2)   Screening.
         A.   A telecommunications tower site and tower base adjacent to residential property shall be provided with a fence, wall, berm, or shrubbery of sufficient height and of a character necessary to provide adequate visual screening. Where the adjacent property is across public right-of-way from a telecommunications tower site, screening shall be provided in all cases except when the right-of-way is an arterial street.
         B.   Existing vegetation and grades on the site shall be preserved as much as possible. Natural growth around the property perimeter on large, wooded lots may be considered a sufficient buffer to telecommunications towers. In locations where the visual impact of the telecommunications tower would be minimal, the screening requirement may be reduced or waived.
      (3)   Fencing. Adjacent to a residentially used or zoned property natural materials shall be used for fence screening. If chain-link fencing is needed for safety and security, additional landscape screening shall be required outside the chain-link fence to screen public view of the telecommunications tower site.
   Temporary or emergency shelter. Temporary or emergency shelter may be permitted provided it is found that:
      (1)   The location is compatible with characteristics of surrounding uses, and not injurious to surrounding properties, including residential neighborhoods.
      (2)   The facility is being fully enclosed within a building, except for a designated outdoor enclosed area.
      (3)   The distance between the proposed use and any elementary or secondary school measured from lot line to lot line is not less than 1,000 feet.
      (4)   Submittal of a site plan in accordance with § 160.608.
      (5)   Submittal of a written management and security plan which outlines management and security provisions, and includes a neighborhood issues management strategy.
      (6)   A neighborhood meeting, which shall include, but is not limited to, a city staff representative and a city council representative, shall be conducted prior to a city public hearing which addresses site improvements, building design, and “good neighbor” components, and addresses the means for dealing with any future problems as may arise, including crime prevention, alcohol and drug use policies and the like.
      (7)   Additional neighborhood meetings shall be organized and held by the applicant to ensure conditional use permit compliance. One neighborhood meeting shall be held within 90 days after business operations begin, and another neighborhood meeting shall be held prior to the one-year anniversary date of business operation.
   Trap shoot, rifle range, pistol range, or archery range. The uses should be located in those areas where the noise from an operation would not have a detrimental effect on adjacent properties. In addition, careful consideration must be given to the safety aspects of the use, including limited public access, adjacent land uses, and the operation of the use. Consideration should be given to any danger to stock that might occur from that use.
   Warehouse and freight, light.
      (1)   Traffic mitigation. Traffic can only travel on residential streets when it is only a secondary access point and it can be shown that heavy traffic including truck traffic will typically not use the secondary access point or will not pass any residential homes.
      (2)   Unscreened outdoor storage is only allowed if public view of the outdoor storage is limited from view because of the terrain and/or the orientation of the storage is in such a way that it is obscured from view by buildings and other natural features such as trees.
   Warehouse and freight, heavy.
      (1)   If adjacent to residential, a neighborhood meeting shall be conducted to gain input about methods to transition the business from the adjacent residential homes through building design, screening, landscaping, buffer yards, and considering the below standards.
      (2)   Screening. The business may be operated within a permanent building which complies with this Code, or in a yard enclosed by a solid fence, which must totally screen the manufacturing business from view from outside the property. The fence must extend from grade level to a height equaling the maximum height to which fences may be built under § 160.480 of this Code for the district where the property is located.
      (3)   Street access and pedestrians. Any freight business, bus terminal, or other business with a lot of truck or bus traffic shall be located in an area where there is good access to major streets, and it shall be constructed in such a way as to minimize its effects on pedestrian traffic in the area.
      (4)   Noise mitigation. Freight and bus terminals shall be located or designed in such a way to minimize the noise inherent to such an operation and to minimize the impact of any diesel fumes on adjacent properties.
      (5)   Stored vehicles. Any vehicles used by the business that are stored on the premises shall be kept in an orderly fashion which would not detract from adjacent properties.
      (6)   Lighting mitigation. Any lighting of the storage yard should be done in a way that will not cause a reflection into or glare onto adjacent residential properties.
      (7)   Traffic mitigation. Traffic can only travel on residential streets when it is only a secondary access point and it can be shown that heavy traffic including truck traffic will typically not use the secondary access point or will not pass any residential homes.
      (8)   Accessory uses. Any accessory use of the industrial business shall be considered when measuring impacts.
      (9)   Litter, odor, and product control. These facilities must submit, along with the conditional use permit application, a site management plan outlining litter, odor, and product control measures to be approved by the planning and health departments.
   Wind energy conversion systems (WECS). WECS should be sited in a manner that will prevent a damaged structure from causing any harm to adjacent properties; further, it shall be designed to limit access to the structure and to limit to the extent possible any noise from the structure. A WECS shall also be in conformance with § 160.402.
(1992 Code, App. B, § 15.59.100) (Ord. 42-83, passed 6-27-1983; Ord. 29-87, passed 5-4-1987; Ord. 99-88, passed 11-7-1988; Ord. 72-89, passed 7-31-1989; Ord. 31-90, passed 4-20-1990; Ord. 46-90, passed 5-21-1990; Ord. 55-90, passed 6-4-1990; Ord. 14-91, passed 2-4-1991; Ord. 55-91, passed 7-1-1991; Ord. 79-91, passed 10-21-1991; Ord. 25-92, passed 3-2-1992; Ord. 25-94, passed 4-4-1994; Ord. 94-95, passed 7-3-1995; Ord. 96-95, passed 7-17-1995; Ord. 137-95, passed 11-6-1995; Ord. 27-96, passed 3-4-1996; Ord. 38-96, passed 4-1-1996; Ord. 39-96, passed 4-1-1996; Ord. 5-97, passed 1-21-1997; Ord. 17-98, passed 2-2-1998; Ord. 4-99, passed 1-4-1999; Ord. 16-99, passed 2-16-1999; Ord. 24-99, passed 3-1-1999; Ord. 25-99, passed 3-1-1999; Ord. 75-01, passed 8-6-2001; Ord. 99-01, passed 11-5-2001; Ord. 4-03, passed 1-6-2003; Ord. 20-03, passed 3-3-2003; Ord. 85-04, passed 9-7-2004; Ord. 108-04, passed 11-1-2004; Ord. 56-05, passed 6-6-2005; Ord. 121-05, passed 11-21-2005; Ord. 128-05, passed 12-19-2005; Ord. 08-06, passed 1-3-2006; Ord. 02-07, passed 1-2-2007; Ord. 01-08, passed 1-7-2008; Ord. 60-08, passed 5-12-2008; Ord. 103-09, passed 11-16-2009; Ord. 112-09, passed 12-21-2009; Ord. 91-12, passed 12-4-2012; Ord. 9-13, passed 3-19-2013; Ord. 34-18, passed 5-2-2018; Ord. 37-19, passed 4-2-2019; Ord. 104-21, passed 9-7-2021; Ord. 106-23, passed 11-7-2023; Ord. 5-24, passed 1-2-2024)