A.
The intent of the conditional use is to maintain a measure of control
over uses that have an impact on the entire community. Generally,
conditional uses may be desirable in certain locations for the general
convenience and welfare. They must use the property in a manner that
assures neither an adverse impact upon adjoining properties nor the
creation of a public nuisance. In short, because of the nature of
the use, it requires sound planning judgment on its location and site
arrangement.
B.
Conditional use permits may be issued for any of the conditional uses for which a use permit is required by the provisions of this chapter, provided that the City Council shall find that the application is in accordance with the provisions of this chapter, after duly advertised hearings, held in accordance with provisions of § 440-242C.
A.
The application for a conditional use shall first be made with the
City Manager, who shall then forward the materials to the Planning
Commission.
C.
The Planning Commission shall hold a public hearing and study such
information and make recommendations to the City Council within 60
days of the City Manager's referral to the Planning Commission.
D.
The City Council shall then act within 60 days of the receipt of
the Planning Commission's recommendation to either approve with conditions
or deny such use after holding a duly advertised public hearing. Council's
decision shall be based on the determination that the location of
the use is appropriate, it is not in conflict with the Comprehensive
Land Use Plan and is consistent with the purpose and intent of this
chapter.
The following criteria shall be used as a guide in evaluating
a proposed conditional use:
A.
The presence of adjoining similar uses;
B.
An adjoining zone in which the use is permitted;
C.
There is a need for the use in the area proposed as established by
the Comprehensive Land Use Plan;
D.
There is a sufficient area to screen the conditional use from adjacent
different uses;
E.
The use will not detract from permitted uses in the zone;
F.
Sufficient safeguards, such as traffic control, parking, screening
and setbacks, can be implemented to remove potential adverse influences
on adjoining uses;
G.
Minimal effect on neighboring properties.
A.
In granting a conditional use permit, the City Council may designate
such conditions as will, in its opinion, assure that the use will
conform to the requirements as stated in this article and that such
use will continue to do so.
B.
An application that has been denied for a conditional use permit
for the same lot or use shall not be considered by the City Council
within a period of 365 days from its last consideration. This provision,
however, shall not impair the right of the Council to propose a use
permit on its own motion.
C.
If a conditional use permit is granted under the provisions of this
article, the City Council shall direct the City Manager to officially
notify the applicant in writing of all conditions approved by the
City Council.
D.
The approval of a conditional use is valid for three years. Unless
permits are obtained, or construction or use is substantially underway,
all provisions of the conditional use are automatically rescinded.
Permits may be revoked by Council for failure to comply with the stated
conditions of approval or applicable regulations.
[Amended 8-21-2023 by Ord. No. 23-05]
The following are prohibited uses:
A.
Automatic wrecking yards, junkyards, or sorting and baling of scrap
metal, paper, rags, glass, or other scrap material;
B.
The parking, storing, or keeping of a dismantled, inoperative, or
discarded motor vehicle or any parts thereof, unless within an enclosed
building;
C.
The storage of or keeping of derelict manufactured homes or any parts
thereof, unless in an enclosed building;
D.
Any uses not permitted by this chapter are prohibited.
[1]
Editor's Note: Former § 440-246, Large-scale solar
facilities, added 10-17-2022 by Ord. No. 22-04, was repealed 3-4-2024 by Ord. No. 24-01.
