The conditional uses listed in the zoning district
regulations of this chapter cannot be adjusted to their environment
with a maximum of protection to adjacent properties by a rigid application
of the regulations of this chapter which apply uniformly and in detail
to the properties within each district. Conditional uses may, however,
be permitted or denied in the districts designated, by Council, after
recommendations by the Planning and Zoning Commission, subject to
the standards and conditions contained in this Article.
A.
To allow time for legal advertising, written application for a conditional
use must be submitted to the Planning Commission not less than 30
days prior to the regular monthly meeting of the Commission.
[Amended 11-21-2013 by Ord. No. 1679]
B.
The application shall include the following:
(1)
A statement describing proposed uses including
concise details concerning the proposed method of operation.
(2)
A site plan showing the following data:
(a)
Boundaries of the plot upon which the proposed
use will be located.
(b)
Approximate size and location of proposed buildings.
(c)
Streets surrounding the property.
(d)
Property and uses including the names and addresses
of the owners of property and the location of buildings within 200
feet of the site.
(e)
All utility lines or easements on the site.
C.
Within 60 days following submission of an application
to the Planning Commission, the Commission shall recommend, in writing,
to Council that the proposed conditional use be approved, approved
with specific modifications or disapproved. The Commission may call
and hold at its discretion a public hearing pursuant to public notice.
[Amended 7-11-1991 by Ord. No. 1355]
D.
Within 30 days following receipt of the Planning commission's
recommendation, Council shall call and hold a public hearing. Public
notice of the hearing shall be advertised in a newspaper of general
local circulation once each week for two consecutive weeks, the first
notice not more than 30 days before the hearing and the second not
less than seven days before. The owner of the property for which the
conditional use is sought and owners of record of properties within
200 feet of the exterior boundaries of the property for which the
conditional use is sought shall be notified by mail at least 15 days
before the hearing. Notice shall be posted at least 10 days before
the hearing on the property for which the conditional use is sought
and at the City Building. All notices shall state the date, time and
place of the hearing, the address of the affected property and the
particular conditional use being requested. Within 30 days after conclusion
of the public hearing, Council shall approve or reject the proposed
conditional use and may attach specific stipulations to approval which
shall be made a part of the building or occupancy permit issued for
the conditional use.
[Amended 7-11-1991 by Ord. No. 1355]
E.
Once denied by the Council, a conditional use proposal
may not be resubmitted for the same use within one year of denial,
unless the new application resolves those problems causing denial.
In reviewing the proposed conditional use, the
Planning Commission shall take into account the following criteria
in addition to specific requirements included for each conditional
use listed.
A.
The use is of such location, size and character that
in a general way it will be in harmony with the appearance and orderly
development of the district in which it is situated and not be detrimental
to the orderly development of adjacent districts.
B.
Consideration is given to:
(1)
The location and size of the proposed use on
the property.
(2)
The nature and intensity of the operation proposed.
(3)
The proposed layout in relation to pedestrian
and vehicular traffic.
(4)
The potential hazard of the proposed use to
the surrounding neighborhood.
(5)
The effect of additional traffic generated by
the proposed use on the existing traffic conditions.
(6)
The extent the proposed use will impair or discourage
the development of adjacent property.
C.
The Planning Commission may recommend and Council
impose such conditions, in addition to those required, as are necessary
to assure that the intent of this section is complied with. Such conditions
may include, but are not limited to harmonious design of buildings,
plantings and their maintenance as a sight and sound screen in the
minimizing of abnormal, offensive or hazardous elements and adequate
standards of parking, lighting and drainage.
[Amended 7-11-1991 by Ord. No. 1355]
The following conditional uses are subject to
special conditions as listed:
B.
Hospital, clinic, medical arts building and sanitarium.
(1)
There shall be provided a lot area of not less
than 8,000 square feet, plus 300 square feet for each inpatient station.
(2)
Dormitory facilities for doctors and nurses may be included, provided that in addition to the requirement of Subsection B(1) hereof, the lot area in relation to the number of sleeping rooms or persons to be housed is such as to provide a unit density commensurate with that permitted in the district.
(4)
The location of automobile parking facilities
on the lot shall be such as to provide maximum protection and facilitate
traffic movements on abutting streets.
(5)
Minimum front and rear yards shall be 10 feet
greater in depth and minimum side yards shall be 10 feet greater in
width then the minimum required for any other principal structure
in the district in which such use is located.
(6)
No hospital building shall exceed a height of
150 feet. In all other respects, the requirements of the district
shall prevail.
[Amended 1-24-2008 by Ord. No. 1603]
