(a)

Purpose. The conditional use procedure is provided to allow for uses which are not listed as "permitted," in a given zoning district, but which may be appropriate in said district provided certain standards are met.

(b)

Procedure.

(1)

Conditional use approvals may be authorized by the city council in accordance with the district use schedules and site specific review requirements contained in section 12-377, General site development plans.

(2)

Where a proposed conditional use would not require a site plan submittal under the criteria established in section 12-377, the applicant for said conditional use approval shall, at a minimum, submit the following review material (thirteen (13) copies of each):

a.

Name, address and phone number of owner and operator of proposed use and, where the owner(s) is not involved in the development, proof of authorization by the owner for the petitioner to proceed.

b.

Survey or plot plan showing all existing manmade features and, where located in a shopping center, the specific location of the proposed business/use within the shopping center.

c.

Map or aerial photograph (to scale) showing existing uses of land within two hundred (200) feet of the proposed use.

d.

Narrative description of the proposed use (i.e., hours of operation, number of tables, entertainment facilities, etc.).

e.

Location and nature of any existing or proposed buffers (natural or manmade) between the proposed use and surrounding uses.

f.

Floor plan of the proposed use.

g.

Such other information as the city council or city staff may require to effectuate the intent and purposes of this LDC.

(3)

Public hearings shall be held by the city council after mailing a notice to all property owners within one hundred (100) feet of the site, and posting of the subject property. The public hearing process for conditional uses shall be the same as that stipulated in section 12-193 for rezoning.

(4)

The city council may establish when a conditional use is to begin, to be discontinued, or both.

(c)

Criteria. In addition to the specific standards set forth hereinafter with regard to particular conditional uses, all such uses shall satisfy the following general standards:

(1)

The use shall be consistent with the comprehensive plan.

(2)

The establishment, maintenance, or operation of the use shall not be detrimental to or endanger the public health, safety, or general welfare.

(3)

The use shall not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the district, and shall be consistent with the character of the immediate neighborhood.

(4)

Adequate measures shall be taken for ingress, egress and parking in a manner consistent with traffic operations and safety.

(5)

The use shall not have a substantial adverse effect on any known archaeological, historical, or cultural resource located on or off the site.

(6)

The design shall minimize adverse effects of the use on adjacent property, including visual impacts.

(7)

Adequate provisions shall be made for buffers, landscaping, public open space, and other improvements necessitated by the use.

(8)

The use shall meet the lot and building requirements of the district in which it is located unless a variance is granted by the city council or board of adjustment. A special use shall meet all requirements established for the special use and no variance shall be granted from these requirements. However, no variance shall be granted from special conditions established during the conditional use approval process.

(9)

The use shall comply at all times with the approved site plan, and any conditions imposed for establishment and operation of the use.

(d)

Conditions of approval. Additional conditions for establishment and operation of the conditional use may be imposed, including, but not limited to:

(1)

Hours of operation of the use.

(2)

Restraints to minimize environmental effects such as noise, vibration, air pollution, glare, and odor.

(3)

Special yard or other open space, lot area, or dimension requirements.

(4)

Height, size or location limitations on buildings or other structures.

(5)

Increase of the required amount of street dedication, roadway width, or improvements within the street right-of-way.

(6)

Regulation of the size, location, screening, drainage, surfacing, or other improvement of a parking or truck loading area, and control of traffic generation or circulation.

(7)

Regulation of the number, size, location, height, or lighting of signs.

(8)

Regulation of the location, intensity, and shielding of outdoor lighting.

(9)

Berming, screening, landscaping, or other measures to protect adjacent or nearby property, including standards for installation and maintenance.

(10)

Regulation of the size, height, location, or materials for a fence or wall.

(11)

Regulations to protect existing trees, vegetation, water resources, wildlife habitat, or other significant natural resources.

(12)

Consideration of the size, style, history, and appearance of a structure to ensure architectural compatibility with other structures in the district.

(e)

Effect of approval.

(1)

Establishment of a conditional use must be in conformance with an approved site plan or, where a site plan is not required, with specific approval conditions stipulated by city council.

(2)

Approval of the conditional use is subject to the site plan submitted.

(3)

If the conditional use is not established within six (6) months from the date of approval, then the approval shall be null and void, except that city council may grant one six-month extension to said approval. (Ord. No. 905, 12-19-1995)

(f)

Specific standards for conditional uses. The following list identifies standards for specific uses allowed as conditional uses in zoning districts (listed in alphabetical order). All conditional uses shall comply with the requirements in sections 12-241, 12-377, and 12-379 (if the criteria for section 12-377 are exceeded).

(1)

Residential and related health care facilities. The following such facilities listed in the table below shall be the only residential and related health care facilities that are allowed as conditional uses in the R-MF, R-MFA, C-O, and C-G zoning districts, but no other such residential and related health care facilities are allowed as a conditional use in the R-MF, R-MFA, C-O, and C-G zoning district, consistent with state law. No residential and related health care facilities shall be allowed as a conditional use in any other zoning district as those listed in the table below, consistent with state law.

(2)

Tattoo parlor. The applicant for a tattoo parlor shall comply with all requirements of section 12-241.

(Code 2001, § 25.535; Ord. No. 905, 12-19-1995; Ord. No. 1420, § 1(Exh. A), 7-18-2017; Ord. No. 1421, § 1(Exh. A), 7-18-2017; Ord. No. 1424, § 1(Exh. A), 7-18-2017)

Temporary uses, buildings and structures in connection with land development, sales or construction projects may be established, erected, or placed within any zoning district for occupancy other than as dwelling or lodging units. Any such use, building, or structure shall require a permit from the community development department; such permit is to specify location, type of construction, maintenance requirements, buffering requirements, time period of operation or utilization of any such use, building, or structure and such other requirements as the director may deem necessary. No permit shall be for a period of more than six (6) months, subject to renewal upon approval of the director. Failure to obtain a permit or violation of any condition or requirement specified as part of an issued permit shall be a violation of this section.

(Code 2001, § 25.540; Ord. No. 409, 9-2-1980; Ord. No. 419, 3-3-1981; Ord. No. 715, 1-23-1990; Ord. No. 1161, 2-21-2006)