§ 3.04. Conditional Use Permit Criteria and Procedures.

3.04.01. Purpose: The purpose of the Conditional Use Permit process is to identify those land uses which may be appropriate within a zoning district but, due to either their location, function, or operation, could have a potentially harmful impact on adjacent properties or the surrounding area; and to provide for a procedure whereby such uses may be permitted by further restricting or conditioning them so as to mitigate or eliminate such adverse impacts.

3.04.02. Authorization of Planning and Zoning Commission: The Planning and Zoning Commissioner shall make a report to the City Council which shall recommend approval or denial of a Conditional Use Permit for a use in any district in which such use is authorized under this Ordinance, following proper application, and after notice to affected landowners and public hearing, in accordance with the procedures and criteria herein established.

3.04.03. Issuance Limitations and Forms Required: No Certificate of Occupancy or building permit for a purpose authorized only as a Conditional Use within a zoning district shall be issued unless the applicant obtains a Conditional Use Permit from the City Council. The application for a Conditional Use Permit shall be submitted on a form provided by the Zoning Officer and accompanied by a site plan in a form acceptable to the City Manager. The Planning and Zoning Commissioner may require additional information or plans as necessary and appropriate for review.

3.04.04. Procedures: The procedures associated with the review and approval or denial of a Conditional Use Permit shall be the same as those associated with a zoning map amendment, as described in Section 3.03, above.

3.04.05. Criteria for Approval: The Planning and Zoning Commissioner shall recommend denial of a Conditional Use if it finds that the proposed use:

A.

Does not conform with applicable regulations and standards established by this Ordinance;

B.

Is not compatible with existing or permitted uses on abutting sites, in terms of use, building height, bulk and scale, setbacks and open spaces, landscaping, drainage, or access and circulation features;

C.

Potentially creates greater unfavorable effects or impacts on other existing or permitted uses on abutting sites than those which reasonably may result from the use of the site by a use permitted by right;

D.

Adversely affects the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area;

E.

Fails to reasonably protect persons and property from erosion, flood or water damage, fire, noise, glare, odors, and similar hazards or impacts;

F.

Adversely affects traffic control or adjacent properties by inappropriate location, lighting, or types of signs;

G.

Fails to provide adequate and convenient off-street parking and loading facilities;

H.

Fails to conform with the objectives and the purpose of the zoning district in which the development is located, and the goals, objectives, and policies, contained in the City's long-range Comprehensive Plan;

I.

Will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, for reasons specifically articulated by the Commissioner; or

J.

The premises or structure(s) are not suitable for the proposed Conditional Use.

3.04.06. Site Plans: Site plans may be required by the Planning and Zoning Commissioner as a part of the Conditional Use Permit review process. Conditional Use site plans considered by the Planning and Zoning Commissioner shall be approved only after the Planning and Zoning Commissioner finds that the proposed development, if completed as proposed, will comply with all applicable provisions of this Ordinance and all conditions deemed necessary.

3.04.07. Authorization to Establish Conditions: The Planning and Zoning Commissioner may recommend, and the City Council may establish such conditions of approval as are necessary to assure that the proposed land use meets the criteria set forth in this Ordinance which may include without limitation requirements for special yards, lot sizes, open spaces, buffers, fences, walls or screening; requirements for installation and maintenance of landscaping or erosion control measures; requirements for street improvements, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; establishment of development schedules or time limits for performance or completion; and such other reasonable conditions as the City Council may deem necessary to insure compatibility with surrounding uses and to preserve the public health, safety, and welfare.

3.04.08. Agreement to Abide by Conditions Prior to Issuance: No Conditional Use Permit shall be granted unless the applicant, owner or grantee of the Conditional Use Permit shall accept and agree to be bound by and comply with the written requirements of the Conditional Use Permit, as attached to the site plan drawing (or drawings) and approved by the City Council. the Zoning Officer shall maintain a record of all Conditional Use Permits granted by the City.

3.04.09. Validity of a Conditional Use Permit: A Conditional Use Permit shall remain valid until such time as one (1) of the following actions is taken:

A.

The property is rezoned;

B.

Another Conditional Use Permit is approved for the site; or

C.

The use of the premises changes and such a change is authorized by the issuance of a new Certificate of Occupancy.

3.04.10. Nonsubstantial Changes: No building, premise, or land used under a Conditional Use Permit may be substantially changed unless a new Conditional Use Permit is granted for the change. In the event a change is determined by both the City Manager and the Zoning Officer to be nonsubstantial, the City Manager may approve the change. The City Manager shall maintain a record of all such determinations and shall appraise the Planning and Zoning Commissioner of such determinations.