The development and execution of this article
are based upon the division of the city into districts, within which
districts the use of land and buildings and the bulk and location
of buildings and structures in relation to the land are mutually compatible
and substantially uniform. However, there are certain uses which,
because of their unique characteristics, cannot be properly classified
as unrestricted permitted uses in any particular district or districts
without consideration, in each case, of the impact of those uses upon
neighboring land or public facilities and of the public need for the
particular use of a particular location. Such uses, nevertheless,
may be necessary or desirable to be allowed in a particular district,
provided that due consideration is given to location, development
and operation of such uses. Such uses are classified as conditional
uses.
The Common Council may, by resolution, authorize
the Zoning Administrator to issue a conditional use permit for either
regular or limited conditional use after review, public hearing and
advisory recommendation from the Plan Commission, provided that such
conditional use and involved structure(s) are found to be in accordance
with the purpose and intent of this Zoning Code and are further found
to be not hazardous, harmful, offensive or otherwise adverse to the
environment or the value of the neighborhood or the community.
A. In the instance of the granting of limited conditional
use, the Common Council in its findings shall further specify the
delimiting reason(s) or factors which resulted in issuing limited
rather than regular conditional use. Such Council resolution and the
resulting conditional use permit, when for limited conditional use,
shall specify the period of time for which effective, if specified,
the name of the permittee and the location and legal description of
the affected premises.
B. Prior to the granting of a conditional use, the Plan
Commission shall make findings based upon the evidence presented that
the standards herein prescribed are being complied with.
Any development within 500 feet of the existing
or proposed rights-of-way of freeways or expressways and within one-half
mile of their existing or proposed interchange or turning lane rights-of-way
shall be specifically reviewed by the highway agency that has jurisdiction
over the traffic way. The Plan Commission shall request such review
and await the highway agency's recommendation for a period not to
exceed 20 days before taking final action.
When an advisory recommendation of denial of
a conditional use application is made, the Plan Commission shall furnish
the applicant, in writing when so requested, those standards that
are not met and enumerate reasons the Commission has used in determining
that each standard was not met.
[Amended 1-3-2000]
Where the Common Council has approved or conditionally
approved an application for a conditional use, such approval shall
become null and void within 12 months of the date of the Common Council's
action unless the use is commenced, construction is underway or the
current owner possesses a valid building permit under which construction
is commenced within six months of the date of issuance and which shall
not be renewed unless construction has commenced and is being diligently
prosecuted. Approximately 45 days prior to the automatic revocation
of such permit, the Zoning Administrator shall notify the holder by
certified mail of such revocation. The Common Council may extend such
permit for a period of 90 days for justifiable cause, if application
is made to the Common Council at least 30 days before the expiration
of said permit.
The Common Council shall retain continuing jurisdiction
over all conditional uses for the purpose of resolving complaints
against all previously approved conditional uses. Such authority shall
be in addition to the enforcement authority of the Zoning Administrator
to order the removal or discontinuance of any unauthorized alterations
of an approved conditional use and the elimination, removal or discontinuance
of any violation of a condition imposed prior to or after approval
or any violation of any other provision of this code.
A. Upon written complaint by any citizen or official and after seeking an advisory recommendation from the Plan Commission, the Common Council shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in §
303-49 above, a condition of approval or other requirement posed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in §
303-47 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney.
B. The Common Council may, in order to bring the subject conditional use into compliance with the standards set forth in §
303-49 or conditions previously imposed by the Common Council, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to assure that §
303-49A(1) and
(2) will be met, the Common Council may revoke the subject conditional approval and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Common Council shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.