§ 47-18.26. Public purpose uses.

A.

Any provision to the contrary notwithstanding, publicly owned structures may be erected and lands used for public purposes, in any zoning district in the city unless prohibited by the city comprehensive plan; provided, however, no building or use permit shall be issued by the city for any such plans, locations or use without the prior approval of the city commission as provided herein.

B.

Consideration of the approval of a use or structure for public purposes which requires relief from a zoning regulation of the city shall be initiated by filing an application for approval with the department by the property owner or the person or entity wishing to use the property for a public purpose.

C.

An application for a public use or structure shall include:

1.

A conceptual site plan showing the size and location of all structures on or to be located on the property, including but not limited to elevations, location of vehicular and pedestrian ingress and egress, landscaping and floor plans. If the public purpose is to utilize property as a social service residential facility, the site plan shall show how the use or structure meets the requirements of Section 47-18.32;

2.

A legal description of the property;

3.

A description of the zoning regulation from which relief is necessary to conduct the public use or construct the public structure;

4.

A description of the need for the public use or structure including a description of other similar uses or structures and their locations in the city;

5.

A description of the reason why the proposed location is necessary in relation to the need for the use or structure;

6.

A description of what makes the location of the use or structure on the property desirable;

7.

A description of the economic and environmental impact on the area as a result of permitting the use or structure;

8.

A description of the impact of the use or structure on neighboring properties;

9.

A description of how the site plan addresses any negative impacts which might occur as a result of permitting the use or structure;

10.

A description of off-site or on-site factors which mitigate any negative impacts which might occur as a result of permitting the public use or structure; and

11.

A description of the efforts to locate other sites for the use or structure and reasons why other sites are not as desirable as the site proposed (factors in considering feasibility may include land use, zoning, economic, geographic factors and size).

D.

The application shall be reviewed by the city department responsible for review of development permits for a determination that the application is complete and forwarded to the development review committee (DRC). After review and comments by the DRC, the application shall be forwarded to the planning and zoning board for review. The recommendation of the DRC and the planning and zoning board shall be forwarded to the city commission.

E.

The city commission shall hold two (2) public hearings to consider an ordinance approving a public purpose use or structure and shall provide notice of hearing utilizing the same notice requirements as for a rezoning.

F.

The city commission may approve or approve with conditions the application for location of a public use or structure based on the following findings:

1.

There is a need for the use or structure to be located where proposed.

2.

The use meets a valid municipal purpose.

3.

The location of the use or structure is not in conflict with the city comprehensive plan.

4.

Off-site or on-site conditions exist which reduce any impact of permitting the public use or structure.

5.

On-site improvements have been incorporated into the site plan which minimize any adverse impact as a result of permitting the public use or structure.

6.

Alternative locations have been identified and reviewed or it has been determined that no feasible alternative locations are available.

7.

The proposed site is found to be the most feasible for location of the public use or structure.

8.

The public purposes to be met by the location of the use or structure outweigh the application of the zoning regulation and prohibiting the location of the public use or structure.

G.

The approval of a public use or facility shall terminate when the use or facility is no longer publicly owned or used, and the property upon which the use or facility is located shall be subject to the requirements of the zoning district within which it is located.

(Ord. No. C-97-19, § 1(47-18.25), 6-18-97)