1.   Intent. It is intended that some uses which are unique, or which would have greater impact on a neighborhood than the typical permitted use of that district, be allowed as permitted uses if they are generally compatible with the land use intent of the district and if such use meets or can be adjusted to meet necessary conditions or performance standards which would make such use basically compatible with the permitted uses of the district. Such uses are referred to as “conditional uses” in this chapter. Conditional uses may be allowed in any district providing for them without rezoning land. The intent of conditional use provisions is to allow certain border-line or unique uses in a district subject to performance standards or conditions without which the use would not be permissible within that particular district. These provisions are intended to provide flexibility in the Zoning Code and give the City an opportunity to review and regulate specialized or unique uses, and to decide if such uses are conducive to being located in a specific proposed location rather than forcing the applicant to rezone land which would also allow many other permitted uses under the new district if the proposed use is not actually developed.

   2.   Procedure. Only those uses listed as conditional uses in an individual zoning district can be considered for being permitted in such district.

      A.   Application and Fee. Written application must be made to the Zoning Administrator for a conditional use permit. The necessary information as determined by the Zoning Administrator shall be supplied with such application. A nonrefundable fee of $50.00 shall be paid when an application is submitted. Applications shall be made on forms provided by the City.

      B.   Board of Adjustment Hearing and Decision. The ZoningAdministrator shall promptly refer a conditional use permit application to the Board of Adjustment. The Board shall conduct a public hearing and render its decision on the application in conformity with the notice and procedural requirements of Section 165.29(4)(C) of this chapter and the rules of the Board. The Board shall approve or deny the application and, if approved, may attach conditions consistent with the intent of this section to the issuance of the permit.

      C.   Permit Issuance. The Zoning Administrator shall issue, in writing, all conditional use permits approved by the Board. The permit shall describe the lot to which the permit applies and shall set forth all conditions prescribed by the Board.

      D.   Compliance Review. Each property for which a conditional use permit has been issued shall be inspected by the Zoning Administrator on or about the first anniversary date following the issuance of the permit to check compliance with all attached conditions. The Zoning Administrator shall report his findings following inspection to the Board. If noncompliance with any conditions attached to the permit is found, the Board, following written notice to the permit holder and an opportunity for hearing, may revoke the conditional use permit. If compliance with all conditions is found to exist, a Certificate of Compliance shall be issued by the Zoning Administrator.

   3.   Standards. No conditional use shall be approved by the Board unless the Board shall find:

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

      B.   That the use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, or substantially diminish and impair property values within the neighborhood;

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

      D.   That the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed in the immediate neighborhood or with the character of the applicable district as to cause a substantial depreciation in the property values within the neighborhood;

      E.   That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

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

      G.   That the proposed use is not contrary to the objectives of any duly adopted comprehensive plan for the City; and

      H.   In the case of the uses enumerated in the following Subparagraphs (1) and (2), that there be a minimum distance of 500 feet between such use and all places of human habitation, public assembly, or business not associated with such use and that such use not be so located that prevailing winds would carry any fumes, odors, or gasses from such use toward developed properties or into the City:

         (1)   Bulk storage of any flammable or explosive substance including, but not limited to, liquid petroleum, gasoline, fuel oil, dynamite, and fireworks. For purposes of this subsection, “bulk storage” means storage for other than retail or on-premises sales.

         (2)   Storage, blending, mixing or on-premises sales of toxic substances, whether or not under pressure, for commercial or agricultural purposes including, but not limited to, anhydrous ammonia, fertilizer, pesticide, and herbicide.

      I.   In the case of telecommunication towers, adequate aviation warning lights will be mounted.

      J.   That the establishment, maintenance, and operation of the use will be in compliance with any applicable State and federal laws and regulations, including permit and license requirements.

   4.   The minimum standards for conditional uses shall be the same as the minimum standards for the permitted uses in the same zoning district except as provided in Subsections 5 and 6 of this section.

   5.   In insuring that all standards are maintained, the Board may attach any reasonable site, building or aesthetic development conditions over and above the minimum standards of the zoning district in which the conditional use will be located. Such conditions must be in place before a Certificate of Compliance may be issued by the Zoning Administrator.

   6.   Provisions shall be made to buffer the conditional use from adjacent properties if judged necessary by the Board. Such buffering can take the form of setbacks, vegetation, fences, open space, noise abatement or mitigation of the effects of on-site activities through the location and design of a proposed activity or use.

   7.   All conditional uses in place on the effective date of this chapter are presumed to be approved conditional uses.

   8.   A conditional use permit shall be valid only for the use specified on said permit and the permit shall expire at the time the specified use terminates, except in the case of a home occupation conditional use permit which shall expire if the business use ceases for a continuous period of two years or more. The permit shall not be transferable to other uses on the same lot nor shall the permit authorize the permit holder to conduct or establish the specified conditional use at a location other than the location specified in the permit. A conditional use permit is transferable to subsequent owners of the conditional use or the lot on which it is located, except in the case of a home occupation conditional use permit which shall not be transferable to a subsequent owner of the lot and which shall automatically expire upon any transfer of ownership of the lot for which the permit was issued.

   9.   No person shall engage in any conditional use on any lot in any zoning district unless a conditional use permit has been issued for such use on such lot, and unless all conditions attached to the permit are complied with, nor continue such conditional use after revocation or expiration of a conditional use permit.

   10.   Conditional Use Permits for Functional Families.

      A.   Purpose. The purpose of this subsection is to authorize several unrelated people to qualify as a “functional family” and live together in a single-dwelling unit. Notwithstanding any contrary or inconsistent provision in this chapter, a “functional family” use shall be deemed a conditional use in every residential zoning district.

      B.   Standards. In addition to the standards imposed by Subsection 3 of this section, a conditional use for a “functional family” shall not be approved by the Board unless the Board finds:

         (1)   The members of the functional family share a strong bond or commitment to a single purpose (e.g. religious orders);

         (2)   The members are not legally dependent on others not part of the functional family;

         (3)   Each member can establish legal domicile as defined by State law;

         (4)   The members will share a single household budget;

         (5)   The members will prepare food and eat together regularly;

         (6)   The members will share in the work to maintain the premises; and

         (7)   Each member will legally share in the ownership or possession of the premises.

      C.   Exceptions. No “functional family” conditional use shall be approved for any of the following:

         (1)   More than five members;

         (2)   Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie, or like organization;

         (3)   Any group of individuals whose association is temporary or seasonal in nature; and

         (4)   Any group of individuals who are in a group living arrangement as a result of criminal offenses.

      D.   Conditions. In approving a “functional family” conditional use the Board may impose such conditions as it deems necessary for the general welfare, for the protection of property rights, and for ensuring that the intent and objectives of this chapter will be observed.

      E.   Transfer. Notwithstanding Subsection 8 of this section, a “functional family” conditional use permit is not transferable, but members of the functional family may change provided that the applicable standards and any special conditions imposed are not violated.

   11.   Churches in the B-1 Zoning District. The Board may approve a conditional use permit for a church, chapel, temple, or synagogue in the B-1 Zoning District but, in addition to the other standards imposed by this section, the Board shall impose the following conditions:

      A.   The predominant use of the building in which church functions are carried out must be a viable commercial business.

      B.   The permit shall be temporary, expiring not more than two years after issuance. Upon the expiration of any permit, a new temporary permit may be approved, but only with the concurrence of the Council.