Article 26. Conditional Uses

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Section 26.1. REQUIREMENTS.

The enactment of this ordinance is based upon the division of the city into districts, each of which have specified permitted uses that are mutually compatible. In addition to such permitted uses it is recognized there are certain other conditional uses that may be necessary or desirable to allow in certain zoning districts. However, because of the actual or potential impact on neighboring uses or public facilities these conditional uses should be carefully regulated with respect to their location for the protection of adjoining properties. Conditional uses may be permitted, enlarged, or altered upon application for a conditional use permit in accordance with the rules and procedures of the Board of Adjustment. The Board shall grant or deny a conditional use permit in accordance with the standards set forth herein and with the intent and purpose of this ordinance. In granting a conditional use permit, the Board of Adjustment will authorize the conditional use and may prescribe and impose appropriate conditions, safeguards, or a specified time limit for performance of the conditional use.

 

Section 26.2. JURISDICTION.

The Zoning Administrator shall be responsible for administration of the conditional use procedure and the Board of Adjustment shall be responsible for the review, evaluation, and action on all applications for a conditional use permit.

 

Section 26.3. APPLICATION FOR CONDITIONAL USE PERMIT.

A request for a conditional use permit may be initiated by a property owner or the owner’s authorized agent by filing an application with the Zoning Administrator upon forms prescribed for the purpose. The application shall be accompanied by a site plan and other materials constituting a record essential to an understanding of the proposed use and proposed modification in relation to the standards set forth herein. The application shall also be accompanied by a fee as determined by resolution of the City Council. The Zoning Administrator shall provide a copy of the conditional use application for review and comment of the Planning and Zoning Commission within seven (7) days after receipt of the application. The application shall include the following:

  • Name and address of the owner and applicant. If the applicant is not the owner, a statement that the applicant is the authorized agent of the owner.
  • Address and legal description of the property.
  • A statement describing the nature and operating characteristics of the proposed use, including any data pertinent to the findings required for approval of the application.
  • Site plans as prepared in accordance with Article 14.
  • Preliminary buildings elevations, construction plans, and a plat of survey of the property, if available or requested by the Zoning Administrator.
  • The location, height, general appearance, and intended use of both existing and planned buildings and structures on the site.
  • The location of any water courses on the site and a proposed drainage plan showing the intent on addressing stormwater runoff from the property.
  • The number and location of both existing and proposed off-street parking spaces on the property.

 

Section 26.4. PROCEDURES.

The Board of Adjustment shall not grant a conditional use unless and until the following procedures have been fulfilled:

  • The Planning and Zoning Commission shall provide the Board of Adjustment with a review and recommendation of a conditional use application.
  • The Zoning Administrator shall schedule a public hearing in relation to the conditional use request. Notice shall be given of the public hearing as required by state statute by publication in a newspaper of general circulation in the city. Such notice shall be no more than 20 and no less than 7 days prior to the public hearing and shall contain the time and location of the hearing. Notice shall be given in writing to a complete list of persons provided by the applicant who are all of the owners of property within two hundred feet (200’) of the property in question seven (7) days prior to the public hearing. In the event there is more than one property owner for any parcel of property, it shall be sufficient to notify only one owner of each parcel by ordinary mail.
  • The Board of Adjustment shall review the conditional use application in accordance with the standards set forth in Section 26.5 of this ordinance and receive pertinent evidence concerning the proposed conditional use. The Board shall further determine that granting of the conditional use permit will not adversely affect the public interest pursuant to testimony presented at the public hearing.
  • In granting any conditional use, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Conditions of approval are intended to insure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Board to make the findings required for approval of the permit. Violation of such conditions and safeguards, when made a part of the terms of the approved conditional use permit, shall be deemed a violation of this ordinance and punishable under Section 22.1.
  • The concurring vote of three (3) members of the whole Board of Adjustment grants a conditional use permit, even in the event of absentee members or during conflicts of interest.
  • No order of the Board of Adjustment granting a conditional use permit shall be valid for a period longer than one (1) year from the date of such order, unless the Board of Adjustment specifically grants a longer period of time to initiate such project or a zoning permit is obtained within the one year period and construction is commenced.

 

Section 26.5. STANDARDS.

The Zoning Administrator and the Board of Adjustment shall review and evaluate each conditional use permit application using the following criteria.

  • The establishment, maintenance, or operation of the conditional use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare of the community.
  • The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood.
  • In the case of existing relocated single family dwellings, the proposed use aesthetically blends in with the neighboring existing permitted uses and special attention is given to the architectural style, size and quality of construction of the proposed use.
  • The conditional use will not impede the normal and orderly development in improvement of the surrounding property for uses permitted in the district.
  • Adequate utilities, access roads, drainage, parking, and/or necessary facilities have been or will be provided.
  • Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
  • The use shall not include noise that is objectionable due to volume, frequency, or beat unless muffled or otherwise controlled.
  • The use shall not include any activity involving the use or storage of flammable, or explosive material unless protected by adequate firefighting and fire suppression equipment and by such safety devices normally used in the handling of any such material.
  • The use shall not include vibration that is discernable without instruments on adjoining property.
  • The use shall not involve any malodorous gas or matter that is discernable on adjoining property.
  • The use shall not involve any pollution of the air by fly-ash, dust vapors, or other substance which is harmful to health, animals, vegetation or other property or which causes soiling, discomfort or irritation.
  • The use shall not involve any direct or reflected glare which is visible from any adjoining property or from any public street, road, or highway.
  • The use shall not involve any activity substantially increasing the movement of traffic on public streets unless procedures are instituted to limit traffic hazards and congestion.
  • The use shall not involve any activity substantially increasing the burden on any public utilities or facilities unless provisions are made for any necessary adjustments.
  • That such proposed use shall be analyzed in relation to the city’s comprehensive plan and the future goals of the community.
  • The use shall not interfere with the use or enjoyment of neighboring permitted uses.
  • The ground coverage shall be such that no additional dust or storm water run-off is generated by the conditional use.
  • The use shall not create a hazard to vehicular traffic. If any such hazard is determined, provisions must be made to increase the required setback in regard to open-air storage.
  • The use shall not cause any permanent, irreparable environmental damage to the parcel or neighboring lands.

 

Section 26.6. REVOCATION.

The issuance of a conditional use permit by the Board of Adjustment shall entitle the owner to continue to operate the use so long as the owner remains in compliance with the terms and conditions of this ordinance and the terms, conditions, limitations, requirements and safeguards set forth in the conditional use permit. If such permit is granted, it does expressly grant to the city the power and authority to enter upon the premises at any reasonable time for the purpose of inspection and enforcement of the terms of the conditional use permit. In the event the owner or occupant of the property for which a conditional use permit has been issued, shall violate any term, condition, limitation, regulation or safeguards contained in the permit, the permit shall become null and void and the owner or occupant shall be deemed to be in violation of this ordinance and the city may proceed to enforce the provisions of this ordinance and the terms, conditions, limitations, and safeguards of the conditional use permit. In addition to all other remedies provided herein, in the event that such conditional use shall become null and void, any bonds given by the owner under the provisions of this ordinance shall be forfeited.

 

Section 26.7. SUPPLEMENTAL STANDARDS.

In addition to the general standards outlined in Section 26.5 above, certain uses shall adhere to the following supplemental standards for specific activities:

Salvage Yards: All salvage yards, including any area where waste, junk, discarded or wrecked and salvaged materials are bought, sold, stored, exchanged, baled or packed, disassembled or handled, including dismantling or “wrecking” of automobiles or machinery or other vehicles, shall be located in the Heavy Industrial (I-2) district under a conditional use permit. The application for a conditional use permit shall be accompanied with a proposed intent or covenant to meet the minimum requirements described herein:

  1. The yards shall be at least five hundred feet (500’) distant in all directions from any residential building.
  2. Outdoor salvage or junk yards shall be screened by a solid wall or uniformly painted solid fence not less than eight (8) feet in height, or in lieu thereof, a landscape buffer strip fifty feet (50’) wide with coniferous trees or large shrubs to provide a solid landscape screen at least ten feet (10’) high; If a landscape buffer strip is planted, a temporary fence of at least eight feet (8’) in height must be constructed and left in place until the trees and shrubs are large enough to screen the salvage yard.
  3. Off-street parking or service areas may be located outside of the screened-in area.

Open-Air Vehicle, Equipment and/or Materials Storage: All open-air vehicle, equipment or material storage areas, including but not limited to farm implement and equipment sales and storage, new or used auto or truck sales or storage, machinery or equipment sales and storage, or recreational vehicle, boat, or trailer outdoor storage areas shall require a conditional use permit. The application shall be accompanied with drawings and other documents describing the intent, layout, and construction or installation in accordance with the following minimum requirements:

  1. The open-air equipment or material storage areas shall be surfaced, preferably with a hard surfacing material, but at a minimum with granular, aggregate, or crushed stone or rock.
  2. The sides and rear lot lines, when abutting properties used for residential dwellings, shall be required to be screened with a wall or fence with its surface at least fifty percent (50%) solid and at least eight feet (8’) in height. The fence shall not be required to extend beyond the front yard setback line.
  3. All lighting and lighted facilities shall be designed and arranged so that they do not focus or glare directly on adjacent residential properties, or public streets thereby creating a traffic hazard. No lighted flashing signs, or revolving beacon lights shall be permitted.
  4. The open-air storage yard or display area shall be maintained to be reasonably free of weeds, debris, trash and other objectionable materials.

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