§ 47-24.3. Conditional use permit requirements.

A.

Generally. It is the purpose of this section to provide criteria for conditional uses within specified zoning districts, which, because of certain characteristics as evaluated in the review criteria below, may not be appropriate at particular locations within the district, but which may be desirable in other locations for the orderly development of the city and for the public convenience or welfare.

B.

Applicant. The owner of property proposed for development.

C.

Application. An application for a conditional use permit shall be submitted to the department. The application shall include the information provided in Sec. 47-24.1.F and the following:

1.

A description of the inherent nature of the proposed use;

2.

The methods and materials utilized in the operation of the use;

3.

The scope of the proposed operation;

4.

A description of the economic and environmental impact on the surrounding area by permitting the conditional use.

D.

Review process. The review process for a conditional use permit shall be the same as required for a site plan level III approval, as provided in Sec. 47-24.2, Site Plan Development Permit, subsection A.3.c.

E.

Criteria. The following review criteria shall be applied in considering an application for a conditional use permit:

1.

Impact on abutting properties as evaluated under the Neighborhood Compatibility Requirements, Sec. 47-25.3.

2.

Access, traffic generation and road capacities. Consideration will be given to the design capacity of the adjacent roadways, the particular traffic generation characteristics of the proposed conditional use, including the type of vehicular traffic associated with such uses, and traffic generation characteristics of other uses permitted in particular zoning districts.

3.

The applicant must show and it must be found by the reviewing body that the following have been met:

a.

The location of the use or structure is not in conflict with the city's comprehensive plan;

b.

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

c.

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

d.

The location of the use in proximity to a similar use does not impact the character of the zoning district in which the use is located;

e.

There are no adverse impacts of the use which effect the health, safety and welfare of adjacent properties.

F.

Effective date of approval. A conditional use permit shall not take effect nor shall a building permit be issued until thirty (30) days after approval, and then only if no motion is adopted by the city commission seeking to review the application or no appeal of the planning and zoning board decision is filed by the applicant as provided in Section 47-26B, Appeals. The motion of the planning and zoning board shall be final and effective after the expiration of the thirty (30) day period with no action taken by the city commission, and after the conditional use plans have been revised to include all conditions imposed by the planning and zoning board as a requirement for approval as evidenced by final DRC review and approval.

G.

Amendment. If the applicant wishes to change a conditional use development as approved by the planning and zoning board to an extent which exceeds the authority of the director to approve amendments as provided in Sec. 47-24.2.A.5.b.ii, the proposed amendment to the development or use will be required to be reviewed and approved by the planning and zoning board in accordance with the procedures for review and approval of a new conditional use permit.

H.

Appeal. If the planning and zoning board denies or approves with conditions unacceptable to the applicant, or if the city commission wishes to review an application for a conditional use permit, the provisions of Section 47-26B, Appeals, shall apply.

(Ord. No. C-97-19, § 1(47-24.3), 6-18-97)