[Zoning Regs. §20.010; Ord. No. 1014 §3, 6-12-1998; Ord. No. 1107 §1, 7-16-1999]
A.
The
development and administration of the zoning ordinance is based on
the division of the City into districts, within any one (1) of which
the use of lands and buildings and the bulk and location of buildings
or structures, as related to land, are essentially uniform. It is
recognized, however, that there are special uses which, because of
their unique character, cannot be properly classified in any particular
district or districts without consideration in each case of the impact
of those uses upon neighboring lands and the public need of the particular
use in the particular location.
B.
Authorization. Conditional use permits may be authorized
only by the Board of Aldermen; provided that no application for a
conditional use permit shall be acted upon by the Board of Aldermen
until after a public hearing is scheduled and notice posted and thereafter
held by the Planning Commission and its finding and recommendations
are reported to the Board of Aldermen. Conditional uses shall not
exist as a matter of right, but only upon issuance of a conditional
use permit by resolution of the Board of Aldermen after public hearing
and after prior consideration and recommendations of the Planning
Commission on a public hearing, as an exception to the general provisions
of the zoning ordinance.
C.
Application.
1.
An application for a conditional use permit shall be filed with the
Planning Commission on a form provided by the City Clerk. The application
shall contain the following information:
a.
Names of the owners of the land included in the application.
b.
A full, specific and particular description of the use sought, both
as to function and operation, and as to any structures, installations,
equipment or surface improvement or change incident to such use.
c.
Names and addresses of all owners of land adjoining that for which
such permit is sought.
d.
The period of time of the term of such use after date of permit,
if applicable.
e.
Full statement of the environmental effects of such use with respect
to adjoining property in the zoning district in which the same should
be located.
f.
Statement of position of the applicant as to any other matters of
information requested by the zoning enforcement person after review
of the preliminary plat which shall be helpful to the Planning Commission
or the Board of Aldermen. If applicant does not agree with the reasonableness
of any such request, he/she may so state and give reasons thereof.
2.
The application shall be accompanied by a site development plan and
shall include a statement in writing by the applicant and adequate
evidence showing that the proposed conditional use will conform to
the standards set forth in this Chapter. The site development plan
should include such things as the location of such land and of any
structures, installations, equipment or change of service contemplated,
including all public ways, with access thereto.
3.
Every application to the Planning Commission for a conditional use
permit shall be subject to a filing fee of one hundred seventy-five
dollars ($175.00) which shall be in addition to any fees required
by the Planning Commission.
4.
A conditional permit issued pursuant to Article XXV (Floodplain Regulations) shall not be charged a fee for renewal and shall automatically renew itself for a successive twelve (12) month period unless the Board of Aldermen shall, in their discretion, require renewal of any specific conditional use permit in the flood hazard area.
D.
Standards. No conditional use permit shall be granted unless
the conditional use:
1.
Is deemed necessary for the public convenience at that location;
and
2.
Is so designed, located and proposed to be operated that the public
health, safety and welfare will be protected; and
3.
That the access roads, utilities, drainage and/or necessary facilities
will be adequate to facilitate the needs of the conditional use; and
4.
That the size of the site in relationship to the use and the location
of the site with respect to existing or future streets giving access
to it, along with the walls and fences, will not discourage the appropriate
development and use of adjacent land, uses, structures and buildings;
and
5.
That such conditional use shall not be inconsistent or adversely
affect the regular permitted uses in the district in which the same
is located; and
6.
That it shall not adversely affect or reduce property values of land
and properties surrounding the same, whether or not immediately adjoining,
when devoted to permitted uses; and
7.
That it shall be in compliance with the height, area and other applicable
regulations of the district in which the same is located, except as
otherwise specifically provided in the permit; and
8.
Operations in connection with any conditional use permit shall not
be more objectionable to nearby properties by reason of noise, fumes,
vibration or lights than would be the operations of any use permitted
by right.
E.
Condition Of All Conditional Use Permits. In granting a
conditional permit or a renewal or extension thereof, the Planning
Commission or Board of Aldermen may file a written report setting
forth the applicable additional requirements and conditions and conditional
findings for granting or denying such permit, renewal or extension.
1.
Such conditional use permit shall not constitute a defense to any
lawful action for civil or private rights on account of any such use.
2.
The Planning Commission or Board of Aldermen may issue a conditional
use permit for a specific period of time, subject to adequate guarantee
that the use covered will be terminated at the end of the period specified
or such extension thereof as may be granted by said Planning Commission
or Board of Aldermen and may be terminated at any time with or without
cause.
3.
Review.
a.
All conditional use permits shall be reviewed annually by the Board
of Aldermen.
b.
The date of the annual review shall be determined by the Board of
Aldermen.
c.
If there is a violation of or non-compliance with any of the stated
conditions of the conditional use permit during the term thereof,
the same shall be subject to revocation by resolution of the Board
of Aldermen after public hearing after notice to the then owner and
occupant of the land which is subject of the use and by notice to
the general public.
d.
Upon such revocation, such permit shall thereafter be void and of
no effect.
4.
A conditional use permit will be deemed to authorize only one (1)
particular conditional use and shall expire automatically without
revocation by the City unless:
5.
A conditional permit, including the use of all buildings, structures
and land in connection therewith, shall expire if the conditional
use shall cease or be abandoned for more than twelve (12) months for
any reason.
