[Ord. No. 3121, 4-18-2016]
A. Recognizing that certain uses may be desirable when located in the
community, but that these uses may be incompatible with other uses
permitted in a district, certain conditional uses listed below when
found to be in the interest of the public health, safety, morals,
and general welfare of the community may be permitted, except as otherwise
specified, in any district from which they are prohibited. Before
the location or establishment thereof, or before any change of use
of the premises existing at the time of the effective date of the
regulations (April 18, 2016), or permitted as herein provided is made,
preliminary plans in sufficient detail and a statement as to the proposed
use of the buildings, structures, and premises shall be submitted
to the Planning and Zoning Commission. The Commission shall hold a
public hearing and shall review such plans and statements and shall,
after a careful study thereof, and of the effect that such buildings,
structures, or uses will have upon the surrounding territory, submit
a recommendation to the City Council within thirty (30) days following
said hearing. Following receipt of the Commission's report, the City
Council may, within the specifications herein provided, permit such
buildings, structures, or uses where requested, provided that the
public health, safety, morals, and general welfare will not be adversely
affected, that ample off-street parking facilities will be provided,
and that necessary safeguards will be provided for the protection
of surrounding property, persons, and neighborhood values. Once a
conditional use has been approved by the Commission and the City Council,
any building or structure approved as a conditional use shall be fully
completed or installed no later than six (6) months from date of final
approval, or approval is automatically withdrawn. For good cause shown,
the City Council may grant an applicant one (1) additional six-month
extension to complete a building or structure approved for conditional
use.
[Ord. No. 3199, 5-20-2019]
B. Any conditional use listed in Subsection
(C) listed below, existing on the effective date (April 18, 2016) of these regulations, shall be considered a non-conforming use unless it has qualified as provided above, and has been approved as a conditional use by the City Council.
C. When found to be in the interest of the public health, safety, morals,
and general welfare, the City Council is hereby authorized to approve
any and all structural alterations to conditional uses after they
have qualified and have been approved, provided such alterations do
not add materially to the permitted conditional uses.
D. Standards For Approval. The following criteria will be considered
when reviewing each conditional use permit. The burden is placed on
the applicant to prove that the proposed conditional use permit complies
with the following:
1.
Public Welfare. The establishment, maintenance, or operation
of the conditional use will not be detrimental to or endanger the
public health, safety, or general welfare.
2.
Injury To Other Property. The conditional use will not be injurious
to the use and enjoyment of other property in the immediate vicinity
for the purposes already permitted, nor substantially diminish and
impair property values within the neighborhood.
3.
Impede Other Development. 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.
Provision Of Infrastructure. Adequate utilities, access roads,
drainage, and/or other necessary facilities have been or are being
provided.
5.
Traffic Congestion. Adequate measures have been or will be taken
to provide ingress and egress so designed as to minimize traffic congestion
in the public streets.
6.
Consistency. The conditional use conforms to the applicable
regulations of this Chapter, the Comprehensive Plan, and other applicable
City regulations, except as such regulations may in each instance
be modified by the City Council, pursuant to the recommendation of
the Planning and Zoning Commission.
E. Planning And Zoning Commission Action. The appropriateness of the
use will be determined in consideration of surrounding uses, activities
and conditions of the site and of surrounding areas. The application,
and its supporting documentation, will be reviewed and considered
by the Village Planning and Zoning Commission. A public hearing will
be held by the commission to ensure surrounding property owners have
the opportunity to comment on the applicant's plans. The commission
will then forward the application and supporting documentation, with
recommended action, to the Village Trustees for their approval.
F. City Council Action. The City Council will review the application,
supporting documentation, and Planning and Zoning Commission recommendation,
conduct a public hearing, and then take final action to approve the
application for a conditional use permit. If the application is not
approved, the applicant may resubmit the application with changes
or appeal the decision to the Board of Adjustment.
G. The following conditional uses may be approved by the City Council
as provided in this Article:
1.
Airports and landing fields.
2.
Churches when meeting lot and parking requirements as specified for "R-1" Districts [Section
400.080(A)(3)(a) and
(b)]. (Not permitted in "I-1" or "I-2" Zones.)
3.
Circus or carnival grounds, temporary for a specified time.
4.
Day-care centers. (Not permitted in "I-1" or "I-2" Zones).
5.
Extraction, processing, and removal of sand and gravel or stone.
8.
Hospitals. (Not permitted in "I-1" or "I-2" Zones).
9.
Manufactured home parks, but only when complying with the "Minimum
Property Standards for Manufactured Home Courts," as prepared by the
U.S. Department of Housing and Urban Development, latest edition.
10.
Multi-family dwellings. (Not permitted in "I-1" or "I-2" Zones).
11.
Nursing/convalescent homes.
12.
Public or governmental buildings or public or governmental use
of land.
13.
Public utilities or public service uses, buildings, structures,
or appurtenances thereto.
14.
Recreational vehicle park, but only when complying with the
following and such additional requirements as may be deemed necessary
for its proper development and the protection of the surrounding areas:
a.
All appropriate State and County sanitation regulations shall
be strictly observed.
b.
At least two thousand four hundred (2,400) square feet of lot
area per recreational vehicle. [Minimum lot depth shall be eighty
(80) feet.] No recreational vehicle shall be parked closer to the
street or highway than the required front yard setback, and in a residential
or apartment district, no closer than twenty-five (25) feet to any
property line; and a clearance of not less than twenty (20) feet shall
be maintained between recreational vehicles on all sides.
c.
Recreational vehicle spaces shall abut upon a hard-surfaced
driveway or accessway of not less than twenty-five (25) feet in width.
d.
Service buildings or other facilities for bathing, laundry,
and sanitation as required by State and County regulations, shall
be located at least twenty-five (25) feet from the side and rear lot
lines and shall be accessible to all recreational vehicles by means
of access drives or hard-surfaced walks.
e.
Space shall be occupied by travelers, transients, or migrants
for a period of time to be determined at the discretion of the recreation
vehicle park manager.
f.
The daily rate shall be fifteen dollars ($15.00) per day.
g.
The weekly rate [seven (7) days] shall be ninety dollars ($90.00)
per week.
h.
The monthly rate [four (4) weeks] shall be two hundred fifty
dollars ($250.00) per month and shall consist of no more than twenty-eight
(28) days.
15.
Sale Of Used Cars At Retail. Each conditional use permit for
sale of used cars shall be issued in the name of the owner of the
used car lot and the conditional use permit shall not be transferable.
16.
Sports arena, stadium, or racetrack.
17.
Swimming pool, commercial, or private swimming club.