Uses permitted subject to conditional use permit
are those uses necessary for the development of the community, but
which uses must be located, planned and used in such manner as not
to be detrimental to the property abutting such uses and to the community
as a whole. In considering a conditional use permit, the planning
and zoning commission and/or City council shall determine whether
the uses are suitable to existing uses in the area and if the proposal
is approved, shall be compatible with their locations and surrounding
land uses and further the purpose of this chapter. In approving such
uses, the planning commission and/or City council shall set forth
the manner in which the use is to be conducted and approve the design
or plan of the structures and site plan.
Uses requiring conditional review approval are specified in section 24-15 and other sections of this chapter.
In addition to the general requirements presented in sections 24-7, 24-8 and 24-9, the following specific information must be submitted at the time of an application for a conditional use permit:
A.
The proposed use;
B.
A complete site plan showing the major details of
the proposed development consisting of the following: location of
buildings and structures, off-street parking areas, dimensions of
building and setbacks, off-street loading areas, service and refuse
areas, means of ingress and egress, signs, major landscaping or screening
proposals, internal circulation on the site and pedestrian areas;
C.
A time schedule for development;
D.
Such other information as the planning and zoning
commission shall by rules of practice require; and
E.
Any other information the applicant believes will
support his request.
[Amended by Ord. No. 94-26]
A.
No conditional use application shall be approved unless
the approving agency by an affirmative vote of not less than a majority
of the members attending, at which time there is a quorum present
finds that the application (1) complies with all requirements imposed
by this article and with all applicable written rules of the planning
and zoning commission; (2) is consistent with the objectives and purposes
of this zoning chapter as declared in this chapter; and (3) is designed
to be compatible with surrounding land uses and the area of its location.
B.
In considering an application for a conditional use permit, the approving agency shall consider and may impose modifications or conditions concerning the following development features, to the extent such modifications or conditions are necessary to insure compliance with the criteria of subsection A of this section:
(1)
Size and location of site;
(2)
Street and road capacities in the area;
(3)
Ingress and egress to adjoining public streets;
(4)
Location and amount of off-street parking;
(5)
Internal traffic circulation system;
(6)
Fencing, screening and landscaped separations;
(7)
Building bulk and location;
(8)
Usable open space;
(9)
Signs and lighting;
(10)
Noise, vibration, air pollution and other environmental
influences;
(11)
Number of employees;
(12)
Volume of business in terms of number of customers
per day;
(13)
Hours of operation;
(14)
Location of the use with respect to similar uses in
the immediate area;
(15)
Intensification of traffic congestion or hazard caused
by the use which may be over and above normal traffic for the area,
and a means to address this issue;
(16)
The design of existing or new buildings to be used
to determine compatibility with surrounding land uses and its location;
(17)
Security;
(18)
Infrastructure needs including water, sewer, solid
waste and employee housing needs;
(19)
Accessory uses; and
(20)
Licensing requirements.
C.
No approved conditional use may be changed, modified,
structurally enlarged, or expanded in lot area unless the use and/or
site plan is amended and approved in accordance with the procedures
applicable to initial approval of a conditional use permit.
[Amended by Ord. No. 90-21; Ord. No. 92-5; Ord. No. 92-6; Ord. No. 97-19]
A.
Home Occupations. Home occupations are permitted in
any residential and agricultural district subject to the following:
(1)
In addition to family members residing in the dwelling
unit, only one person may be employed by an on-site home occupation.
An off-site home occupation may employ no more than three persons
in addition to family members residing in the dwelling unit.
(2)
There shall be no exterior display, no exterior storage
of material, no sign or other exterior indication of the home occupation
or variation from the residential character of the principal or accessory
building.
(3)
No home occupation shall emit odor, dust, gas, noise,
vibration, smoke, heat, glare or other environmental influences associated
with the home occupation.
(4)
Activity shall be limited to the hours between 7 A.M.
and 10 P.M., except for home occupation child care facilities.
(5)
Mechanical equipment associated with the home occupation
shall be stored or contained within the dwelling unit or an accessory
building. Equipment, including but not limited to, dump trucks, backhoes,
semi-trailers, graders, tractors, and other equipment associated with
the home occupation, that cannot be stored or contained within the
dwelling unit or accessory building shall not be permitted.
(6)
No more than twenty-five percent of the total area
under roof of the dwelling unit shall be used for any home occupation,
except for home occupation childcare facilities.
(7)
Any parking incidental to a home occupation shall
be provided on the site and must be improved, provided the street
right-of-way may be used for temporary parking by employees of an
off-site home occupation.
(8)
Automotive vehicle repair including the assembly or
disassembly of vehicle parts, paint and body work and accessory component
installation is not permitted as a home occupation.
(9)
A City business license is required.
(10)
Home occupations which are conducted in an accessory
building or which generate business traffic, other than traffic generated
by employees of an off-site home occupation, must submit an application
and filing fee, as specified in the annual budget resolution, with
the planning department and obtain a conditional use permit.
(b)
After reviewing the application, the planning department shall contact by letter, property owners within three hundred feet of the property proposed for the home occupation. The letter shall indicate that an application has been filed and tentatively approved for an on-site or off-site home occupation. Property owners within three hundred feet of the property proposed for the home occupation shall have fourteen calendar days from the date of the letter to file with the planning department a written objection to the home occupation. If a written objection is received, the application for the home occupation, conditional use permit shall be reviewed by the planning and zoning commission. An additional fee, as specified by the annual budget resolution, for the planning and zoning commission review shall be paid by the applicant. The conditional use permit shall be reviewed according to the procedures set forth in Article V of Chapter 24, of this Code.
(c)
If an objection is not filed with planning department within the prescribed time period, the planning department shall approve the application and issue a conditional use permit for a one-year period. Prior to the expiration of the one-year period, the planning department shall conduct a site inspection of the permitted off-site home occupations. If, during this one-year period, the planning department determines that the applicant has not complied with section 24-43A(1) through (9) or receives a signed, written complaint about the home occupation from an affected property owner, the application shall be reviewed, and a conditional use permit shall be granted or denied by the planning and zoning commission pursuant to the procedures set forth in Article V of Chapter 24 of the City Code. If the applicant complies with section 24-43A(1) through (9) and the planning department does not receive any signed, written complaints during the one-year period, the planning department shall issue a conditional use permit for an unlimited duration for the home occupation described in the application.
(d)
If there are any changes in the conditions or
operation of the home occupation described in the application, as
approved by either the planning department or the planning and zoning
commission, the applicant shall submit a new application and obtain
approval of said changes in accordance with the requirements of this
section.
(e)
If the applicant cannot meet the requirements of section 24-43A(1) through (9), the planning department shall deny the application. A denial by the planning department may be appealed to the planning and zoning commission pursuant to section 24-103E of the City Code. However, the planning and zoning commission has no authority to waive compliance with said requirements.
B.
Drive-In Facilities.
(1)
Any use permitted in a zoning district which conducts a portion or all of its business with persons who remain in their automobiles, or which allows products to be consumed on the premises outside the principal building, and which is not subject to the conditional use provisions of section 24-11 or is not part of a site plan to be reviewed and approved by the City planning department must be satisfied that the signage, lighting, landscaping, pedestrian circulation and traffic circulation on and adjacent to the site are arranged in a manner to provide:
(a)
That internal pedestrian and vehicular movements
are compatible and traffic hazards are minimized;
(b)
Avoidance of hazardous or adverse effects on
adjacent sites and streets;
(c)
That the location of the drive-in facility taking
access from adjacent streets will not impair the street's capacity;
(d)
That screens the circulation areas and parking
from adjacent streets and adjacent properties; and
(e)
That environmental impacts are not negative
for the surrounding area.
C.
Churches, Mortuaries and Funeral Chapels. Churches, mortuaries and funeral chapels shall be located on a lot or parcels at least one-half acre in size with setbacks of at least twenty-five feet from all property lines. Off-street parking shall be consistent with the requirements of Article VIII of this chapter.
D.
Parking Lots in R Zones. Parking lots as primary uses
in R zones shall obtain a conditional use permit and are subject to
the following:
(1)
The property for which conditional review is sought
must abut a commercial district and have frontage on an arterial or
collector street.
(2)
There shall be no access onto a residential street
(defined as a street, other than an arterial, with residential uses
on the same block as the proposed use).
(3)
A minimum twenty feet landscape strip shall be located
between the parking lot and any residential use (which shall include
a minimum of one tree, twelve feet by fifteen feet high when planted
located every thirty feet).
(4)
Screening as per section 24-36B(5)(b).
(5)
No illuminated signs shall be permitted on the premises.
(6)
The provisions of this subsection shall not be waived
or varied.
E.
Home Occupation Childcare. A home occupation offering
childcare services is a permitted use in any residential district
or agricultural district, subject to the following:
(1)
An applicant for a home occupation childcare must
submit a completed application and a filing fee, as specified in the
annual budget resolution, with the planning department. An application
is not required if two or less children are being cared for.
(2)
The planning department shall review and tentatively
approve the application if the application complies with the following:
(a)
No more than two persons are to be employed
in the home occupation childcare. One person must be a family member
of the dwelling in which the home occupation childcare is being conducted.
The second person may be unrelated to the family.
(b)
There is no exterior indication of the home
occupation childcare.
(c)
Any parking incidental to the home occupation
childcare will be provided on the site.
(d)
The outside play area for the children being
cared for is fenced, or will be fenced within a reasonable period
of time.
(e)
The employees and premises of the home occupation
childcare are licensed and certified by the appropriate state agency.
(f)
There are no more children than the state license
allows in the home occupation childcare. (The state license must be
posted.)
(g)
A City business license has been acquired.
(3)
The planning department shall review all applications
for home occupation childcare.
(b)
After reviewing the application, the planning department shall contact by letter, property owners within three hundred feet of the property proposed for the home occupation. The letter shall indicate that an application has been filed and tentatively approved for a home occupation. Property owners within three hundred feet of the property proposed for the home occupation shall have fourteen calendar days from the date of the letter to file with the planning department a written objection to the home occupation. Such an objection shall require a conditional use permit review of the home occupation by the planning and zoning commission. An additional fee, as specified in the annual budget resolution, for the planning and zoning commission review shall be paid by the applicant. The conditional use permit application shall be reviewed according to the procedures set forth in Article V of Chapter 24 of this Code.
(c)
If an objection is not filed with the planning department within the prescribed time period, the planning department shall approve the application and issue a conditional use permit for a one-year period. If, during this one-year period, the planning department receives a signed, written complaint about the home occupation from an affected property owner, the application shall be reviewed, granted or denied by the planning and zoning commission pursuant to the procedures set forth in Article V of Chapter 24 of this Code. If the planning department does not receive any signed, written complaints during the one-year period, the planning department shall issue a conditional use permit for an unlimited duration for the home occupation described in the application.
(d)
If there are any changes in the conditions or
operation of the home occupation described in the application, as
approved by either the planning department or the planning and zoning
commission, the applicant shall submit a new application and obtain
approval of said changes in accordance with the requirements of this
section.
(e)
If the applicant cannot meet the requirements of subsections (1) and (2) of this section, the planning department shall deny the application. A denial by the planning department may be appealed to the planning and zoning commission pursuant to section 24-103E of the City zoning ordinance. However, the planning and zoning commission has no authority to waive compliance of said requirements.
[Amended by Ord. No. 94-26]
For the purpose of providing a guide to its
decision making, the planning and zoning commission may by rule promulgate
additional specific written regulations for the following conditional
uses, which shall specify the criteria and standards under which these
conditional review uses are to be considered for approval:
A.
Extractive industries;
B.
Retail business, personal service outlets, professional
offices and regional retail centers (Comprehensive plan performance
standards);
C.
Boarding and rooming houses;
D.
Schools;
E.
Hospitals, rest homes, convalescent homes and nursing
homes;
F.
Automobile parking lots as a principal use;
G.
Gasoline service stations;
H.
Indoor amusement and entertainment establishments,
including video arcades;
I.
Gaming establishments.
[Added by Ord. No. 97-19]
The planning department shall annually inspect all off-site home occupations to ensure compliance by all off-site home occupations with the provisions of Chapter 24 of the City Code.
