Certain uses may or may not be appropriately located within various districts throughout the city due to their unusual or unique characteristics of operation and external effects. Given their unusual character, special consideration must be given each application so as to provide for such reasonable conditions and protective restrictions as are deemed necessary to protect the character and integrity of the area in which uses are proposed to be located. The uses listed under the various districts herein as "conditional uses" are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses makes it desirable that they be permitted to locate therein.

(Code 1983, § 28-31; Ord. No. K-286, § 1(art. IV, § 1), 11-21-1988)

(a)

Uses restricted to specific districts. Uses which are listed in various districts as "conditional uses" may be located in the district or districts so designated only in accordance with the procedure described herein in section 50-89.

(b)

Uses permitted in any district. The following conditional uses may be authorized in any district in accordance with the procedure described herein in section 50-89:

(1)

Cemetery or mausoleum.

(2)

Greenhouse or nursery.

(3)

Hospital, health center, sanitarium, or similar institution for human care.

(4)

Airport, aircraft landing strip, or heliport.

(5)

Radio/TV tower or broadcasting station, subject to section 50-161.

(6)

Removal, mining, or excavation of gravel, topsoil or similar natural material, subject to section 50-158.

(7)

Public utility structure.

(8)

Water/sewer treatment plant or ancillary facilities.

(Code 1983, § 28-32; Ord. No. K-286, § 1(art. IV, § 2), 11-21-1988)

The submission requirements for the review of a conditional use shall include the following:

(1)

A site plan to be submitted on white paper no larger than 24 inches by 36 inches, and no smaller than 11 inches by 17 inches and including:

a.

Graphic scale and north arrow.

b.

Proposed lot lines.

c.

Existing and proposed vehicular and pedestrian circulation systems, including streets, alleys, walkways, service areas and loading areas, the location and arrangement of off-street parking areas, and all point of vehicular ingress and egress. The requirements of the state fire code, section 508, providing for disability parking and accessibility shall be indicated on the plan.

d.

Proposed perimeter treatment of the property, indicating screening materials to be used, including fences, walls, and plant materials, together with a description of uses, setbacks and the proposed development's relationship to surrounding areas.

e.

Schematic landscape plan showing proposed treatment of the areas designated as either buffers or private common open space.

f.

Proposed exterior lighting plan, including the location, height, type and orientation of each fixture.

g.

Location and dimension of all existing and proposed utility and street easements and all existing public improvements within the site.

h.

Proposed location of structures and structural dimensions, dimension distances between buildings, and distances from structures to property lines.

(2)

Quantitative data, including the following information:

a.

Proposed building coverage of principal and accessory buildings.

b.

Parcel size.

c.

Proposed floor area of principal and accessory buildings.

d.

Proposed number of parking spaces.

(3)

A land survey plat certified by a state-registered land surveyor showing the exact property or boundary lines, including a legal description of the total sites proposed for development, including a statement of present and proposed ownership.

(Code 1983, § 28-33; Ord. No. K-286, § 1(art. IV, § 3), 11-21-1988)

(a)

All development shall be designed in such a way as to minimize any potential deleterious impact on the surrounding area. Special attention shall be given to buffering commercial developments from adjacent single-family areas. Design of the internal street system, ingress and egress, off-street parking, loading and pedestrian ways shall be sensitive to such conditions as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, and the proper relationship of different land uses. Landscaped areas shall be provided to reduce erosion, heat and glare, and said areas shall be maintained in an attractive condition. Existing trees on a development site shall be retained where possible. Screening, open space, or other buffer may be required to give adequate separation between uses which are not compatible and shall also be provided for the beautification and enhancement of the property.

(b)

In carrying out the purpose of this section, the following development standards and design specifics shall be subject to review and approval. The appropriateness of these standards shall be determined for each specific conditional use location:

(1)

The proposed use is so designated, located and proposed to be operated that the public health, safety and welfare will be protected.

(2)

The proposed land use is compatible with and will not adversely affect other property in the area where it is proposed to be located.

(3)

The proposed use is within the provision of conditional uses as set out in this chapter.

(4)

The proposed use conforms to all applicable provisions of this chapter for the district in which it is to be located.

(5)

The size and shape of the site, including the size, shape and arrangement of proposed structures is in keeping with the intent of this chapter.

(6)

The proposed internal street system, ingress and egress, location and amount of off-street parking, loading and pedestrian ways are sufficiently adequate.

(7)

Safeguards proposed to limit noxious or offensive emissions, including lighting, noise, glare, dust and odor are addressed.

(Code 1983, § 28-34; Ord. No. K-286, § 1(art. IV, § 4), 11-21-1988)

The following procedure is established to integrate properly the conditional use with other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure:

(1)

An application shall be made by the owner and filed with the city planning commission for review.

(2)

The city planning commission shall hold a public hearing thereon. At least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city. The public notice shall give the particular location of the property and the type of use for which the permit is requested.

(3)

The planning commission shall review conditional permit use applications at its regularly scheduled monthly meeting, at which time interested persons may appear and offer information in support of or against the proposed conditional use.

(4)

In no case shall the planning commission authorize reduction from minimum requirements of the chapter relating to height, area or parking. Once any portion of the conditional permit use authorization is utilized, all such conditions pertaining to such authorization shall become immediately operative. The violation of any condition so imposed shall constitute grounds for revocation of the conditional use authorization. Such conditions may include time limits for exercise of the conditional permit use authorization; otherwise, any exercise of such authorization must commence within a reasonable time.

(5)

The planning commission may impose conditions and restrictions upon the premises benefited by a conditional permit use as may be necessary to reduce or minimize the injurious effects of the use. The conditional permit use must ensure compatibility with the surrounding property to better carry out the general intent of this chapter.

(6)

The planning commission shall then make one of the following determinations: approve the conditional permit use as submitted; approve the conditional permit use with modifications; defer the conditional use; or deny the conditional permit use.

(7)

Any applicant aggrieved by a decision of the planning commission shall have the right to appeal to the city board of directors. Said appeal shall be filed in writing with the city clerk within 30 days of the planning commission decision, and such appeal must state the reasons for disagreement with the decision of the planning commission.

(8)

A review for a conditional use permit may be included as part of a zoning request on one application if an approved site plan is part of the application process.

(9)

The planning staff shall notify all property owners within 300' of the property requesting a conditional use permit for the application. Notice shall be made by regular mail no later than 15 days prior to the public hearing.

(Code 1983, § 28-35; Ord. No. K-286, § 1(art. IV, § 5), 11-21-1988; Ord. No. 27-2021, § 2, 9-7-2021; Ord. No. 14-2025, § 2(28-35), 5-5-2025; Ord. No. 14-2025, § 2(28-35), 5-5-2025)

(a)

An approved site plan shall be binding on the applicants and their successors and assignees. No conditional permit use authorized by the planning commission or city board shall be subsequently applied for a variance to the board of adjustment. Granting a conditional permit does not exempt the applicant from complying with requirements of any other regulation, code, or ordinance of the city.

(b)

Any development approved under this article is exempted from also complying with the provisions of article V of this chapter, except for conditional uses in zones C-1, C-3 and O-1. Conditional permit use in those three zones must also comply with article V of this chapter.

(c)

No building permit shall be issued for any building or structure not in conformance with the site plan and all other conditions imposed in granting a conditional permit use. The construction, location, use, or operation of all land and structures within the site shall be in accordance with all conditions and limitations set forth in the approval. No structure, use or other element of any approved site plan shall be eliminated, significantly altered, or provided in another manner unless an amendment is approved in accordance with this section.

(Code 1983, § 28-36; Ord. No. K-286, § 1(art. IV, § 6), 11-21-1988)

Double-wide or multisection manufactured homes shall comply with the following requirements:

(1)

The manufactured home shall be a double-wide or larger multisection unit and must meet all requirements applicable to single-family dwellings regarding setbacks, off-street parking, building permits, and any other certification required by the city's building codes.

(2)

The manufactured home shall have a roof composed of material customarily used on site-built homes, such as fiberglass, shake, asphalt or tile, which shall be installed in compliance with the applicable section of the building code. The roof shall have a minimum pitch of three feet vertical rise for every 12 feet of horizontal run.

(3)

The roof overhang shall not be less than six inches measured from the vertical sides of the home.

(4)

All transport elements consisting of wheels, tongue, axles, and running lights shall be removed.

(5)

The manufactured home shall be anchored to a permanent foundation in conformance with the city's building codes and the manufacturer's installation specifications. All foundation piers or supporting blocks shall be mortared together or if hollow core blocks are used, these shall be filled with mortar.

(6)

The manufactured home shall have a minimum width of 20 feet, not including attached porches, garages, carports, or storage buildings.

(7)

The manufactured home shall be covered with an exterior siding material consisting of either wood, masonry, concrete, stucco, Masonite, vinyl lap or metal lap siding.

(8)

The front door or primary entry of the manufactured home shall be oriented to the front of the lot, and all required setbacks (front, side, and rear) of the zoning district in which the manufactured home is located shall be met without any exceptions or variances. For corner lots, the front of the lot shall be considered as parallel to the street upon which the lot has its least dimension. For interior lots, the front of the lot shall be considered as parallel to the street even though this may not be the least dimension of the lot.

(9)

A permanent perimeter enclosure (i.e. brick, concrete block, rock, etc.) between the floor joists and the ground that is ventilated in accordance with the city's building codes is required for energy conservation and aesthetic considerations.

(10)

The manufactured home shall be placed so that the minimum finished floor elevation shall be in compliance with flood hazard prevention and FEMA standards.

(Code 1983, § 28-38; Ord. No. L-61, § 11, 8-6-2001; Ord. No. L-140, § 1, 9-15-2003)