(a)
The conditional use permit district is a specific zoning classification.
The uses that normally fall into the conditional use category are
uses that have unique characteristics that may, depending on the location
of the property, require different conditions and regulations not
otherwise listed under the basic zoning districts. For this reason,
when an applicant seeks a change of zoning for a use listed in the
conditional use section, the planning and zoning commission may recommend,
and the town council may impose, necessary additional special zoning
conditions.
(b)
Because a conditional use permit is a specific zoning classification,
it may not be made temporary by scheduling it to automatically terminate
at a specific time. Therefore, in the event the planning and zoning
commission or the town council wishes to make the grant temporary
in nature, the applicant shall be placed on notice that the grant
is temporary in nature and the granting ordinance must contain a provision
substantially as follows: “It is the intent of the granting
authority to terminate this Conditional Use Permit after the expiration
of one year (or other time period) by initiating a zoning change to
remove the Conditional Use Permit herein granted as a zoning classification
for the property.”
(1998 Code, sec. 154.135)
Property zoned for a conditional use retains or shall be given
a basic zoning classification, so that the conditional use shall be
in addition to the authorized use under the basic zoning of the property.
The basic land use district regulations shall be applicable for any
permitted use other than the conditional use. Also, the basic land
use district regulations shall apply to the conditional use unless
changed at the time of the grant of the conditional use permit zoning.
Therefore, any special condition or regulation established by the
grant of the conditional use shall control the specific use and supersedes
any conflicting basic condition or regulation; however, where the
grant of the conditional use is silent as to a condition or regulation
that is posed by the basic classification of the property, the basic
condition or regulation shall control.
(1998 Code, sec. 154.136)
Any application for a change of zoning to a conditional use
permit classification shall be processed in the same manner as any
other request for a zoning change, to wit: a proper application, public
hearing before the planning and zoning commission, public hearing
before town council, and final adoption of an ordinance amending the
comprehensive zoning ordinance and the zoning map of the town.
(1998 Code, sec. 154.137)
(a)
A building, structure or premises used for any of the following purposes
shall be permitted only upon the grant of a conditional use permit
zoning district classification. The town council may, after public
hearing and proper notice to all parties affected, and, after recommendation
from the planning and zoning commission containing such requirements
and safeguards as are necessary to protect adjoining property, authorize
by ordinance the location of any of the following in the following
specified districts:
|
Use
|
Permitted District
|
|---|---|
|
Agricultural implement sales/service
|
PC
|
|
Amusement centers (including mini-golf, batting cages, carnivals,
archery ranges, similar uses)
|
PC
|
|
Art galleries (commercial)
|
PC, GB
|
|
Athletic stadiums, public or private
|
PC
|
|
Auditoriums, theaters, cinemas
|
PC
|
|
Auto repair, service; oil/lube; mufflers
|
PC, GB
|
|
Auto/motorcycle sales and service
|
PC
|
|
Banks
|
PC, GB
|
|
Bed and breakfast accommodations
|
PC, GB
|
|
Boat, camper, RV parking, storage/sales
|
PC
|
|
Brick, tile, pottery, terracotta manufacture
|
PC
|
|
Bottling plant
|
PC
|
|
Builder's supply, storage
|
PC
|
|
Cafe or restaurant
|
PC, GB
|
|
Campsite (public) or campground
|
PC
|
|
Carwash
|
PC
|
|
Cemeteries
|
PC, GB
|
|
Churches, synagogues, temples
|
PC, GB, RE-1, RE-2
|
|
Christmas tree sales
|
PC, GB
|
|
Cleaners/laundries (floor area not to exceed 3,000 sq. ft.)
|
PC, GB
|
|
Dance halls
|
PC, GB
|
|
Day care/child care (more than 4 children)
|
PC, GB, RE-1, RE-2
|
|
Department stores
|
PC
|
|
Electrical power substations
|
PC, GB
|
|
Equestrian stables (on sites of more than 10 acres)
|
PC, GB, AG, RE-2
|
|
Farm or heavy equipment sales and service
|
PC
|
|
Gasoline stations, with or without convenience store
|
PC, GB
|
|
Gas or oil well drilling and production sites
|
All, except for FH
|
|
Golf courses, country clubs
|
PC, GB, AG, RE-1, RE-2, FH
|
|
Golf driving range
|
PC, GB, AG
|
|
Greenhouse (commercial)
|
PC, GB
|
|
Gymnasiums, health clubs
|
PC, GB
|
|
Hospitals/medical care facilities
|
PC
|
|
Hotels/motels
|
PC
|
|
Kennels
|
PC
|
|
Laboratory, chemical analysis, testing
|
PC
|
|
Light manufacturing (i.e. candle, candy production, apparel,
millinery, cosmetics, toiletries, computer, electronic research, food
products and dairy processing, medical equipment and pharmaceutical)
|
PC
|
|
Lodges, sororities, fraternities
|
PC, GB
|
|
Lumberyards
|
PC
|
|
Machine shops
|
PC
|
|
Mobile home sales, storage, manufacturing
|
PC
|
|
Mortuaries, funeral homes
|
PC, GB
|
|
Moving, storage, packing
|
PC
|
|
Nurseries
|
PC, GB
|
|
Outside storage
|
PC, GB
|
|
Pest control services
|
PC, GB
|
|
Public buildings (city, county, federal) including libraries
|
PC, GB
|
|
Public parks including tennis courts
|
PC, GB, RE-1, RE-2, MH
|
|
Radio/television studios, offices, antennae
|
PC, GB
|
|
Railway passenger station, but not including railroad and storage
yards
|
PC, GB
|
|
Schools
|
PC, GB, RE-1, RE-2
|
|
Skating rinks (indoor ice and roller)
|
PC
|
|
Telecommunication facilities, antennas, satellite dishes
|
PC, GB
|
|
Temporary concrete batching plants, limited to the period of
construction
|
PC, GB, RE-1
|
|
Truck stops
|
PC
|
|
Veterinary clinic, large animals
|
PC, GB
|
|
Warehousing and mini-storage
|
PC
|
|
Water supply tanks (municipal)
|
All
|
(b)
No land shall be used and no building shall be erected or converted
to a use named in this section, except on property zoned for a conditional
use permit for such use under the provisions of this section.
(Ordinance 2015-19 adopted 8/4/15)
In addition to any other provision in this article regulating
applications for zoning change, an application for zoning change requesting
a conditional use permit district classification shall be accompanied
by a site plan containing the following information:
(1)
Date, scale, north point, name of owner, name of person preparing
the site plan.
(2)
Location of existing boundary lines and dimensions of the tract.
(3)
Minimum building setback dimensions adjacent to all property lines.
(4)
Drawings and data necessary to show the full scope of the facility.
(5)
Designation of the location and size of points if ingress and egress.
(6)
The centerline of any existing watercourse, drainage feature or floodway
easement.
(7)
The location and size of existing and proposed streets and alleys
with location of all street intersections adjacent to the area of
request.
(8)
In addition to the site plan, an area map shall be required indicating
the neighborhood in which the property is located and showing the
existing zoning of adjacent properties.
(9)
Where screening, landscaping or a drainage study may be essential
to the granting of the conditional use permit, the applicant, to avoid
delay or denial in the processing of his request, should provide an
adequate screening plan, landscaping plan or drainage study. The screening
plan and landscaping plan may be separate plans or a part of applicant's
site plan.
(Ordinance 2011-12-6D, sec. 2.02,
adopted 12/6/11)
Any applicant seeking a land use not otherwise authorized by
the comprehensive zoning ordinance, as amended, or as listed in this
section, may make application to amend this section to include the
unlisted use and may at the same time make application for a conditional
use zoning change for such use, on a specific property. In such a
case both amendments may be heard at the same time by the planning
and zoning commission; may be heard at the same time by town council;
and the adoptive ordinances may be acted upon by the town council
on the same date.
(1998 Code, sec. 154.140)
In granting or denying an application for conditional use permit
zoning district classification, the planning and zoning commission
in its recommendation and the governing body of the town may take
into consideration the following factors:
(1)
Safety of motoring public and of pedestrians using the facility and
the area immediately surrounding the site.
(2)
Safety from fire hazards and measures of fire control.
(3)
Protecting the property, adjacent property, and other properties
within the town from flood or water damage.
(4)
Noise-producing elements, glare of vehicular and stationary lights
and the effect of such noise and lights on the established character
of neighboring property.
(5)
Street size and adequacy of pavement width for traffic reasonably
expected to be generated by the proposed use around the site and in
the immediate neighborhood.
(6)
Adequacy of on-site and off-site parking facilities, location of
ingress and egress points for parking and off-street loading, and
the surfacing of all parking areas to control dust and for the protection
of public health.
(7)
Such other measures as will secure and protect public health, safety,
morals and general welfare.
(8)
Off-street parking, unless specifically regulated in the ordinance
adopting the conditional use permit zoning classification, shall be
governed by other applicable provisions of the comprehensive zoning
ordinance or other applicable ordinances of the town.
(9)
The economic and/or environmental impact the use may have on property
within the town as a whole, as well as on adjacent property, and whether
an economic and/or environmental impact study should be submitted
as a part of the application for conditional use permit.
(10)
The aesthetic appearance of the use, and other sensory effects that
the use may have on the established character of the neighborhood,
its property and the property within the town as a whole.
(1998 Code, sec. 154.141)
All improvements to the land and all buildings and construction
on the land shall be in accordance with the site plan and/or the development
plan which shall be made a part of the adoptive ordinance. After adoption
of the ordinance that grants the conditional use zoning change, the
town council, upon finding that a requested site plan change is a
minor change that will not adversely impact adjacent or other properties
within the town, may authorize by written order, the minor alteration
to the site plan, without further notice, public hearings, reports
from the planning and zoning commission or amendment to the original
ordinance. The council’s order shall be attached to or filed
with the original ordinance; provided, however, no such amendment
to the site plan should be made that would conflict with the final
plat of such property after the final plat has been approved by the
town and filed of record.
(1998 Code, sec. 154.142)
(a)
On the official zoning map of the town, a conditional use permit
district shall bear the prefix designation of the base zoning and
“CU” followed by the ordinance number granting the conditional
use permit classification.
(b)
For example, a property with a base zoning classification of general
business (GB), that is granted a conditional use permit zoning classification
for operation of a golf course, should be designated in the adoptive
ordinance as having a zoning classification of general business (GB)
with a conditional use permit to operate a golf course and on the
zoning map designated as (GB) CU followed by the adoptive ordinance
number.
(1998 Code, sec. 154.143)
All CU permits approved prior to adoption of this article are
brought forward and shall remain in full force and effect in accordance
with the adoptive ordinance and shall be referenced on the zoning
district map by date and ordinance number.
(1998 Code, sec. 154.144)
