Where the letter "P" appears for certain uses
in the tables of permitted uses, their use is permitted subject to
acquiring a conditional use permit. The uses designated under the
various districts herein as "conditional uses" are so classified because
they more intensely dominate the area in which they are located than
do other uses permitted in the district; however, the nature of such
uses makes it desirable that they be permitted to locate therein.
The following procedure is established to integrate properly the conditional
uses with the other land uses located in the district. These uses
shall be reviewed and authorized or rejected under the following procedure:
A. An application, using the prescribed form, shall be
filed with the Municipal Planning Commission for review. An application
fee for a conditional use permit shall be accompanied by a fee of
$125 to cover costs of administrative review. The applicant must also
supply a certified list of all surface property owners within a three-hundred-foot
radius of the exterior boundary of the subject property.
[Amended 8-6-2002 by Ord. No. 2944]
(1) No part of any such fee shall be returnable, except
upon written notice of withdrawal filed with the Zoning Administrator
prior to the giving of notice of the hearing on the application, the
applicant shall be entitled to a refund of 80% of the fee. In the
event of such withdrawal, the Zoning Administrator shall certify to
the Clerk of the City that a refund is due by reason thereof, and
upon such certification the Clerk is hereby authorized and directed
to make such refund.
(2) No application for a conditional use permit for any
property which has been denied by the Council or withdrawn by the
applicant shall be resubmitted in either the same or substantially
the same form or with reference to substantially the same premises
for the same purpose in less than one year from the date of final
action thereon.
B. The City Planning Commission shall hold one or more public hearings thereon. Such notice shall follow the same procedure as for an amendment as specified in §
361-150. In the event an applicant files an application for an amendment concurrently with an application for a conditional use, the Planning Commission may, upon its option, consider both applications concurrently upon proper notice having been given.
C. The Planning Commission shall investigate and take
action upon every application for a conditional use and after the
hearing shall recommend to the Council the issuance of a conditional
use permit therefor only if the evidence presented at the hearing
is such as to establish:
(1) That the location of the proposed use is compatible
to the other land uses in the general neighborhood area and does not
place an undue burden on existing transportation and service facilities
in the vicinity;
(2) That the site is of sufficient size to accommodate
the proposed use and all yards, open spaces, walls and fences, parking,
loading, landscaping and such other features as are required by this
chapter;
(3) That the site will be served by streets of capacity
sufficient to carry the traffic generated by the proposed use; and
(4) That the proposed use, if it complies with all conditions
upon which approval is made contingent, will not adversely affect
other property in the vicinity.
D. The Planning Commission shall, within 45 days of the
date of application, transmit to the City Council its report as to
the effect of such proposed building or use upon the character of
the neighborhood, traffic condition, public utilities and other matters
pertaining to the general welfare, and the recommendation of the Planning
Commission concerning use thereon. Thereupon, the City Council may
authorize or deny the issuance of a building permit for the use of
land or buildings, as requested. The City Council, in acting upon
the application, may provide that approval of the conditional use
shall be contingent upon acceptance and observance of specified conditions,
including, but not limited to, the following matters:
(1) Conformity to plans and drawings submitted with the
application;
(2) Special yards, open spaces, buffer strips, walls,
fences, concealing hedges, and landscaping;
(3) Volume of traffic generated, vehicular movements within
the site, and points of vehicular ingress and egress;
(4) Performance characteristics, related to the emission
of noise, vibration and other potentially dangerous or objectionable
elements;
(5) Limits of time of day for the conduct of specified
activities;
(6) The period within which the permit shall be exercised,
or otherwise shall lapse; and
(7) Guarantees as to compliance with the terms of the
approval.
E. For certain specific conditional uses, the Municipal Planning Commission shall consider the following additional criteria, in addition to the criteria established in Subsection
C of this section:
[Added 8-8-2023 by Ord. No. 9332]
(1) For
medical marijuana uses:
(a) General nuisances. All applicable federal, state, and municipal standards
for any airborne emissions, noise, glare, odor, vibrations, smoke,
or dust associated with the operation will not cause adverse impacts
to adjacent properties.
(b) Impact on adjacent properties. In considering the applicability of
the conditional use, the potential of odor to permeate to neighboring
occupancies, whether or not on the same parcel, shall be considered.
Applications may be made, subject to the same
regulations and procedures as those which apply to new conditional
uses, to modify or waive any condition imposed in authorizing a conditional
use. After public hearing, any such conditions may be modified or
waived upon a finding that such change or waiver is necessary for
the preservation of a substantial property right of the applicant
or to avoid practical difficulties or unnecessary hardships, and is
consistent with the purposes of this chapter.
Whenever a use classified and listed herein
as a conditional use in the district lawfully exists at the effective
date of this chapter, such use, as long as it remains the same, shall
be deemed to be an authorized conditional use without further action.
Whenever any such use, or any use hereafter authorized as a conditional
use, is abandoned or discontinued for one year, such use shall not
be reestablished unless it is authorized under new proceedings as
provided herein.