§ 36. Conditional uses.
A.
Purpose. The purpose of the conditional use procedure is to allow for review of uses which would not be appropriate generally or without certain restrictions throughout a zoning district, but which, if controlled as to the number, area, location or relation to the neighborhood would promote the health, safety, and welfare of the community. The procedure is intended to allow broad public review and evaluation of the proposed development and to ensure adequate mitigation of potentially unfavorable impacts.
B.
Submission and approval requirements and procedure.
1.
An application for a conditional use permit shall be submitted to the zoning administrator, along with any applicable fee required by section 42, fees, charges and expenses. The application shall include a site plan meeting the requirements of section 30, site plan requirements.
2.
The zoning administrator shall review the application and submit a report to the planning and zoning commission. This report shall be made available to the applicant prior to the public hearing.
3.
The city council may approve a conditional use by adoption of an ordinance. The ordinance shall set forth any limitations or conditions which the city council may place upon the conditional use.
4.
The same notice, hearing and approval requirements set forth in section 39, changes and amendments shall apply to approval of a conditional use permit; provided, however, that the approval of a conditional use permit shall not be considered a change in zoning.
5.
The planning and zoning commission and the city council shall review the application against the review and evaluation criteria set forth below and approve, conditionally approve, or deny the conditional use application.
C.
Review and evaluation criteria. The conditional use application shall be reviewed and evaluated using the following criteria:
1.
Conformance with applicable regulations and standards established by the zoning ordinance.
2.
Compatibility with existing or permitted uses on abutting sites in terms of building height, bulk, scale, setbacks, open spaces, landscaping and site development, and access and circulation features.
3.
Potentially unfavorable effects or impacts on existing or permitted uses on adjacent sites, to the extent such impacts exceed those which reasonably may result from use of the site by a permitted use.
4.
Location, lighting, and type of signs and relation of signs to traffic control and adverse effect on adjacent properties.
5.
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.
D.
Lapse of approval and modifications.
1.
A conditional use permit shall be valid for one year from the date of approval unless prior to such expiration date a building permit is issued and construction is commenced or the actual use, if not requiring a building permit, is commenced. The expiration date may be extended by the city council upon application.
2.
Approval of a conditional use permit automatically expires upon any of the following:
a.
A change in use on the property; or
b.
A relocation of the use.
The city council may grant a continuance of the conditional use upon application.
3.
Minor modifications to a conditional use permit may be made if the zoning administrator determines that such modifications will not change the intent and effect of the approval by the city council.