Application for conditional use permits shall be submitted to the zoning administrator on forms provided by the administrator and shall be accompanied by a plan showing the location, size and shape of the lots involved and any proposed structures, and the existing and proposed use of each structure and lot. The cost of conditional use permits shall be established by the city council.

(Code 1993, § 17.30)

In all cases of proposed establishment of a conditional use specified in this chapter, the plan commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation drainage, sewerage and water systems and other aspects of the proposed use. The hearing on the application shall be held at the next regular meeting of the plan commission after complying with notice requirements. Notice of the proposed establishment of the conditional use and the public hearing shall be given by ordinary mail to the owners of the land immediately adjacent to the area to be considered for the new use extending 200 feet therefrom and to owners of lands extending 200 feet from the street frontage of opposite lands and also by a class I publication in the official newspaper.

(Code 1993, § 17.31)

No permit for a conditional use shall be granted, unless the plan commission finds that the following conditions are present:

(1)

That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(2)

That the uses, values and enjoyment of other property in the neighborhood used for purposes already permitted shall not be substantially impaired or diminished by the establishment, maintenance or operation of the conditional use.

(3)

That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

(4)

That adequate utilities, access roads, drainage and other necessary site improvements have been made or are being provided.

(5)

That adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion and traffic hazards in the public streets.

(Code 1993, § 17.31(1))

(a)

The plan commission may stipulate such conditions and restrictions upon the establishment, maintenance, and operation of the conditional uses as it may find necessary to promote the public health, safety, and general welfare of the community and to secure compliance with the standards specified in section 52-71.

(b)

Establishment, maintenance and operation shall be construed to include, but not be limited to, such factors as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, operations control, hours of operation, traffic circulation, deed restrictions, access restrictions, yard and parking requirements, insofar as the plan commission shall find that conditions applying to these factors are necessary to fulfill the purpose and intent of this chapter. In all cases in which a permit for conditional use is granted, the plan commission shall require such evidence and guarantees as it may deem necessary as proof that the conditions therewith are being and will be complied with.

(Code 1993, § 17.31(2); Ord. No. 2022-03-09-D, § 1, 3-15-2022)

Conditional uses shall comply with all other provisions of this chapter, such as lot width and area, yards, height, parking and loading.

(Code 1993, § 17.31(3))

The plan commission shall authorize the building inspector to issue a conditional use permit specified in this chapter after review and a public hearing, provided such uses are in accordance with the purpose and intent of this chapter.

(Code 1993, § 17.31(4); Ord. No. 2022-03-09-D, § 2, 3-15-2022)

(a)

No applications for a conditional use which has been denied wholly or in part by the plan commission shall be resubmitted for a period of one year from the date of denial, except on the grounds that substantial new evidence or proof of change to compliance with the applicable conditions is included in the resubmitted application.

(b)

An appeal from the decision of the plan commission regarding an application for a conditional use permit may be taken to the board of appeals by any person aggrieved by the decision of the plan commission and must be filed in the office of the city clerk within ten days of the decision of the plan commission. Such appeal must specify the grounds therefor. The board of appeals shall fix a reasonable time for the hearing of the appeal and give notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. The decision of the plan commission shall be upheld unless the Board of Appeals by a favorable vote of two-thirds of the members of the Board of Appeals reverses or modifies the action of the plan commission.

(Code 1993, § 17.31(5); Ord. No. 2022-03-09-D, § 3, 3-15-2022)

Permits issued hereunder are valid only as to the approved use.

(Code 1993, § 17.31(6); Ord. No. 2022-03-09-D, § 4, 3-15-2022; Ord. No. 2024-04-06-D, § 1, 4-16-2024)

The plan commission shall review the site, existing and proposed structures, architectural and engineering plans, neighboring uses, parking areas, driveway locations, highway access, traffic generations and circulations, drainage sewerage and water systems, landscape and soils and the proposed operation.

(Code 1993, § 17.32)

Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways, interstate and controlled access traffic ways and within 1,500 feet of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The plan commission shall request such review and await the highway agency's recommendation for a period not to exceed 60 days before taking final action.

(Code 1993, § 17.32(1))

Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access requirements, increased yards or parking requirements may be required by the plan commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(Code 1993, § 17.32(2))

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all conditional uses.

(Code 1993, § 17.32(3))

The following public and quasi-public uses shall be conditional uses and may be permitted as specified:

(1)

Airports, airstrips and landing fields in the M-2 industrial district and the A-1 agricultural district, provided the site area is not less than 20 acres.

(2)

Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums in all residential, business and industrial districts.

(3)

Utilities in all districts, provided all principal structures and uses are not less than 50 feet from any residential district lot line.

(4)

Public passenger transportation terminals, such as heliports, bus and rail depots, except airports, airstrips and landing fields, in all business and industrial districts, provided all principal structures and uses are not less than 100 feet from any residential district boundary.

(5)

Public, parochial and private elementary schools and churches in any of the residential districts. Colleges; universities; technical schools; hospitals; sanitariums; religious, charitable and correctional institutions; cemeteries and crematories in the business, residential or agricultural districts, provided that all principal structures and uses are not less than 50 feet from any lot line.

(6)

Parking lots in R-1, R-2, R-3. A drainage plan will be required as part of the conditional use permit.

(Code 1993, § 17.33; Ord. No. 2007-09-08-C, § 5, 9-10-2007)

The following residential and quasi-residential uses shall be conditional uses and may be permitted as specified:

(1)

Planned residential developments, such as cluster developments in R-2 and R-3 residential districts. The district regulations may be varied, provided that adequate open space shall be provided so average intensity and density of land use shall be no greater than permitted for the district in which it is located. (See schedule of regulations, section 52-40.) Planned residential developments cannot be broken into separate units without approval of the planning commission.

(2)

The following special provisions shall be complied with (see schedule of regulations, section 52-40):

a.

Clubs, fraternities, lodges and meeting places of a noncommercial nature in the R-2 and R-3 residential districts, provided all principal structures and uses are not less than 25 feet from any residential lot line.

b.

Rest homes, nursing homes, homes for the aged, and clinics in the R-2 and R-3 residential districts, provided all principal structures and uses are not less than 25 feet from any lot line. Family Child Care centers in R-1, R-2, and R-3 residential districts, and in B, B-1, B-2 business districts, M-1, M-2, and M-3 industrial districts, and in I institutional district.

c.

Home occupations and professional offices in the R-1, R-2 and R-3 residential districts.

d.

Boardinghouses, roominghouses, and rooming unit in R-2, and R-3 with a conditional use permit.

(Code 1993, § 17.34; Ord. No. 2007-09-08-C, §§ 6, 7, 9-10-2007; Ord. No. 2020-10-13-D, § 4, 10-13-2020)

The following may be permitted, provided the indicated special provisions are complied with:

(1)

Drive-in theaters in the B business district, provided a planting screen or opaque fence is established along any side abutting a residential district and no access is permitted to or within 1,000 feet of an arterial street.

(2)

Drive-in establishments serving food or beverages with carhop service for consumption outside the structure in the B business district.

(3)

Motels and tourist homes in the B business district.

(4)

Funeral homes in the B business district.

(5)

Drive-in banks in the B business district.

(6)

Vehicle sales, service, washing and repair stations, garages, taxi stands and public parking lots in the business district, provided all gas pumps are not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street line. Gasoline stations shall be a minimum of 500 feet from any public or parochial school and churches.

(7)

Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways, interstate and controlled access highways and within 1,500 feet of their existing or proposed interchange or turning lane rights-of-way shall be deemed to be restricted uses and no structures shall be erected closer than 100 feet to their rights-of-way.

(8)

Highway-oriented retail sales, such as automobile dealerships, motels, restaurants and general shopping malls in the B-2 and M-3 districts.

(Code 1993, § 17.35)

The following industrial and agricultural uses shall be conditional uses and may be permitted as specified:

(1)

Animal hospitals for large animals in the agricultural and industrial districts, provided all principal structures and uses are not less than 100 feet from any residential districts.

(2)

Dumps, disposal areas, land fills, incinerators and sewage disposal plants in the agricultural and industrial districts.

(3)

Commercial raising, propagation, boarding or butchering of animals, such as dogs, mink, rabbits, foxes, goats and pigs; commercial production of eggs; hatching, raising, fattening or butchering of fowl; pea vineries; creameries and condenseries in the agricultural district.

(4)

Manufacture and processing of abrasives, acetylene, acid, alkalies, ammonia, asbestos, asphalt, batteries, bedding, bleach, bone, cabbage, candles, carpeting, celluloid, cement, cereals, charcoal, chemicals, chlorine, coal, tar, coffee, coke, cordage, creosote, dextrine, disinfectant, dye, excelsior, felt, fish, fuel, furs, gelatin, glucose, gypsum, hair products, linoleum, matches, meat, oil cloth, paint, paper, peas, perfume, pickles, plaster of Paris, poison, polish, potash, pulp, pyroxlin, radium, rope, rubber, sausage, shoddy, shoes, lampblacking, size, starch, stove polish, textiles; varnish; manufacturing, processing and storage of explosives, dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard, plastics, radioactive materials, shellac, soap, turpentine, vinegar and yeast; manufacturing and bottling of alcohol beverages; bag cleaning, bleacheries, canneries and cold storage warehouses; electric and steam-generating plants; electroplating enameling; forges; foundries; garbage incinerators; lacquering; lithographing, offal, rubbish or animal reduction; oil, coal, and bone distillation; refineries; road test facilities; slaughterhouses; smelting; stockyards; tanneries; and weaving in the industrial districts, provided they are at least 600 feet from residential districts.

(5)

Outside storage and manufacturing areas in the industrial districts. Wrecking, junk, demolition and scrapyards shall be surrounded by a solid fence or evergreen planting screen, completely preventing a view from any other property or public right-of-way and shall be at least 600 feet from residential districts.

(6)

Commercial service facilities, such as restaurants and fuel stations in the industrial district, provided all such services are physically and saleswise oriented toward industrial district users and employees and other users are only incidental customers.

(7)

Telecommunication facilities consisting of cellular antennae towers, PCS towers and any other communication towers (but not including commercial radio or television towers), equipment storage shelters and related operating and equipment building components subject to the following specified conditions:

a.

Annual reporting to the city of compliance with all applicable government regulations relating to the provision of communications authorized by the conditional use. Reporting shall include a field report to verify compliance with all accepted federal standards including the project's cumulative field measurements of radio frequency power densities, quantification of total radio frequency exposures and comparison of these exposures with the accepted American National Standards Institute (ANSI) and the Institute of Electrical and Electronics Engineers (IEEE) standards and any subsequently adopted federal standards. A preliminary report shall be required to verify compliance with existing and future FCC regulations and established ANSI/IEEE standards. The report shall be prepared by an engineer who shall quantify the project's radio frequency exposures and compare them to ANSI/IEEE standards. The owner of the facility shall also provide the city with copies of all pertinent internal or third party reports relating to any emissions testing.

b.

Compliance with all applicable federal, state and local rules regarding the environmental effects of radio frequency and other telecommunications emissions.

c.

Specific approval as to the type and number of antennae and wattage including limitation on the height of any cellular towers.

d.

An agreement with the city warranting and representing the safety of the technology of the facilities and holding the city harmless from any claims or losses to the city or its residents including reasonable attorney fees arising from or related to the use of the facilities.

e.

Furnishing a policy of liability insurance in form approved by the city attorney naming the city as an additional insured with policy limits approved by the Plan Commission.

f.

Reimbursement to the city for attorney and expert witness fees and fees of other professional consultants including planners and engineers incurred by the city in relation to the petition for approval and as a conditional use and/or incurred by the city in order to enforce this article.

g.

Certain restrictions per the schedule of regulations, section 52-40 regarding lot area and width, ground coverage, front, side and rear yard setback and parking may be varied as part of the conditional use approval, provided however a telecommunications facility shall not be permitted within 500 feet of any adjoining residential zoning district.

h.

Facilities may not include offices, long term vehicle storage, other outdoor storage, or broadcast studios except for emergency purposes, or other uses that are not needed to send or receive transmissions as reasonable determined by the Plan Commission.

i.

Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic congestion. The applicant shall describe anticipated maintenance needs including frequency of service, personnel and equipment needs, and traffic, noise, or safety impacts of such maintenance.

j.

When lighting is required and is permitted by the Federal Aviation Administration or other federal or state authority, it shall be oriented inward so as not to project onto any surrounding residential property.

k.

Documentation shall be submitted with a conditional use permit application indicating the need for tower space in the area, location of other towers and why collocation is not feasible. Applicants shall be required to exhaust all possible avenues for sharing space in existing towers. Factors to determine feasibility of collocation include, but are not limited to, available space on existing towers, the tower owner's ability to lease space, the tower structural capacity, radio frequency interference, geographic service area requirements, mechanical or electrical incompatibilities, the comparative costs of collocation and new construction, and any FCC limitations on tower sharing. Applicants cannot be denied space on an existing tower by the owner of such tower or deny space on a tower to other applicants unless mechanical, structural or regulatory factors prevent sharing or collocation.

l.

Antennas which exceed a height of 50 feet from surrounding grade or 20 feet when mounted to a building or other structure shall meet the following conditions and requirements:

1.

The proposed antenna or antenna structure shall not result in restriction or interference with air traffic or air travel to or from any existing or proposed airport.

2.

The proposed antenna or antenna structure shall not result in interference with radio and television reception in nearby residential or nonresidential areas based upon the applicable Federal Communications Commission regulations.

3.

There shall be a setback of sufficient radius around the antenna structure so that its collapse will be contained on the property and not affect regularly occupied buildings on the subject site.

4.

Adequate space as determined by the city planning commission shall be provided on-site for antenna and antenna structure maintenance vehicles to access and maneuver on the property.

5.

Antennas and antenna structures shall not exceed a maximum height of 120 feet.

6.

All antennas and antenna structures shall be structurally self-supporting without the use of guy wires and shall be designed by a structural professional engineer licensed in the state.

7.

No form of advertising shall be allowed on the antenna, antenna structure, base or framework or other buildings or facilities.

8.

All cable to and from the antenna and/or antenna structure shall be installed underground unless the antenna is mounted on a building where cable will go directly into the structure.

9.

The minimum distance between antennae structures which exceed a height of 50 feet shall be equal to the height of the taller of such antenna structures as measured from the exterior base of the antenna or antenna structure.

10.

A detailed site and landscape plan shall be submitted to the city planning commission for review and recommendation to the city council. The base of any tower and any accessory building and parking areas shall be screened with solid six-foot-high evergreen trees at time of planting.

(8)

Agricultural uses as conditional uses in the R-1 district. The following special provisions shall be complied with:

a.

Agricultural uses shall be limited to crop cultivation and harvesting.

b.

Construction of new principal or accessory agricultural buildings shall not be permitted.

c.

Construction of water wells or watering pumps shall not be permitted.

d.

The minimum lot size for such uses shall be five acres.

e.

Applications for a conditional use under this section shall be accompanied by information regarding the type of crops desired for planting; a typical timeline or schedule regarding crop planting, maintenance activities, and harvesting; information regarding planned soil watering and nutrient management activities; information regarding the use, type, and quantity of any pesticide, herbicide or other chemical applications; information regarding planned use of any existing structures on the property; information regarding use of the property by farm animals; information regarding field access locations and planned equipment circulation routes to and from the site.

f.

In reviewing the conditional use permit the planning commission may impose such conditions and restrictions upon the location and operation of the proposed use as it determines to be reasonably necessary to protect the public health, safety and welfare and to assure continued compliance with the purpose and intent of this Code. The conditions and restrictions imposed may include, without limitation, specifications for any or all of the following:

1.

Those conditions and guarantees enumerated under section 52-70(a) and (b).

2.

Road maintenance, including removal of debris from public roadways and repair of public roads damaged by farm equipment accessing farm fields.

3.

Types of crops permitted on the lot.

4.

Setback and offset requirements for crop cultivation areas.

5.

Vegetation clearing for crop cultivation areas.

6.

Housing of farm animals within existing structures.

7.

Use of the property by any farm animals.

8.

Watering and nutrient management activities.

9.

Pesticide, herbicide, or other chemical treatment activities.

10.

Roadside sales.

11.

Permit duration. The planning commission may set limits on the length of time a conditional use permit may be granted under this section or may impose limitations which would grant the conditional use permit to the landowner only and not to the land itself.

12.

Maintenance of yard and offset yards not used for crop cultivation.

(Code 1993, § 17.36; Ord. No. 2015-05-05-D, § 2, 5-12-15; Ord. No. 2024-04-06-D, § 2, 4-16-2024)

Mineral extraction operations, including washing, crushing or other processing, are conditional uses and may be permitted in the M-2 industrial district and the A-1 agricultural district.

(1)

Application for a conditional use permit shall include adequate description of the operation; list of equipment, machinery and structures to be used; source, quantity and disposition of water to be used; topographic map of the site showing existing contours with minimum vertical contour interval of two feet; proposed and existing access roads, depth of all existing and proposed excavations and a restoration plan.

(2)

The restoration plan provided by the applicant shall contain proposed contours after filling, depth of restored topsoil, type of fill, planting or reforestation, and restoration commencement and completion dates. The applicant shall furnish the necessary fees to provide for inspection and administrative cost and the necessary sureties which will enable the city to perform the planned restoration of the site in event of default by the applicant. The amount of such sureties shall be based upon cost estimates prepared by the city engineer, and the form and type of such sureties shall be approved by the city attorney.

(3)

The conditional use permit shall be in effect for a period not to exceed two years and may be renewed upon application for a period of two years. Modifications or additional conditions may be imposed upon application for renewal.

(4)

The plan commission shall particularly consider the effect of the proposed operation upon existing streets, neighboring development, proposed land use, drainage, water supply, soil erosion, natural beauty, character and land value of the locality and shall also consider the practicality of the proposed restoration of the site.

(Code 1993, § 17.37)

The following public recreational facilities are permitted conditional uses in the conservancy district and may be conditional uses in the R-2, R-3 and B districts: beaches and related structures, boating access sites, conservatories, golf courses, ice boating, marinas, swimming pools, skating rinks, sports fields, botanical gardens, outdoor play equipment, nature preserves and reservations, picnic grounds and campgrounds. The following are conditional uses in conservancy and business districts: outdoor rifle, skeet, trap or archery ranges, golf driving ranges. The following are conditional uses in the business districts: gymnasiums; indoor tennis or racquet ball courts; indoor sport arenas; commercial recreational facilities, such as arcades, bowling alleys, dance halls with dancing as the primary use, miniature golf and similar activities. Conditions imposed prior to granting a permit may include hours of operation, size, security, bond or deposit with the city.

(Code 1993, § 17.38)

Signs, awnings, canopies or marquees on, over or in the public way shall not be permitted except by special permit or exemption as provided in this chapter. The plan commission shall establish standards for dimensions, clearances, projections and continuity for such signs, awnings, canopies or marquees to assure a reasonable uniformity of appearance, adequate provision for maintenance and safety to the public and assuring conformity with city ordinances and state statutes.

(Code 1993, § 17.39)