A. Certain non-conforming or conditional uses may be located in any Districts within the City, including, but not limited to, Districts "R-1," R-2," "R-3," Planned Residential Development, "C-O," “C-1,” "C-2,” “C-3,” “C-P,” “M-1” and “M-2” by written permission of the City Council after written notice to all landowners within one hundred eighty-five (185) feet of the proposed use, followed by a public hearing; provided that, in their judgment, such use will not seriously injure the appropriate use of neighboring property and will conform to the general intent and purpose of this Chapter, and, further, provided that such uses shall comply with the height, area and other regulations of the districts in which they may be located, as well as any additional restrictions as may be ordered.
B. Conditional uses are those types of uses which, due to their nature, are dissimilar to the normal uses permitted within a given zoning district. Within the various zoning districts, specific uses may be permitted only after additional requirements are complied with as established within this Article.
1. Application. An application [an original and four (4) copies] for a special use permit shall be filed with the Zoning Official.
a. The application shall include the following:
(1) Plan showing existing and proposed building locations, parking areas, location and type of outdoor lighting, interior drives and landscaped buffer strips.
(2) Topography and existing utilities, abutting the streets, alleys or easements, and the square footage of land within the plot.
(3) Name of owner of land to be utilized.
(4) Description of architecture and exterior materials to be utilized.
b. Depending on the type of project proposed, the following additional documents and information might also be required with the application:
(1) Traffic study.
(2) Adequate public facilities report.
(3) Stormwater management plan.
(4) Fiscal impact study.
(5) Water and sewer impact study.
(6) Environmental inventory.
c. Within five (5) days of filing of such application, the applicant shall place a sign on the lot or street in a conspicuous location. Said sign shall be of a type which will withstand the elements, not less than two and one-half (2 1/2) feet by three (3) feet in size, with the following wordage clearly lettered not less than two (2) inches in height:
"This property is being considered for a special use permit by the Planning and Zoning Commission for (Type of Use) use. Written objections must be filed with the above Commission by (Date)."
Said sign shall remain on the property until final disposition of the application.
2. Additional requirements. The Planning and Zoning Commission shall approve or disapprove a special use in accordance with the requirements deemed reasonable and necessary.
a. Standards for issuance of a special use permit shall include, but not be limited to, the following:
(1) The location and size of the proposed use in relation to the site and to adjacent sites and uses of property and the nature and intensity of operations proposed thereon.
(2) Accessibility of the property to police, fire, refuse collection and other municipal services; adequacy of ingress and egress to and within the site; traffic flow and control; and the adequacy of off-street parking and loading areas.
(3) Utilities and services, including water, sewer, drainage, gas, and electricity, with particular reference to location, availability, capacity and compatibility.
(4) The location, nature, and height of structures, walls, fences, and other improvements; their relation to adjacent property and uses; and the need for buffering or screening.
(5) The adequacy of required yard and open space requirements and sign provisions.
(6) The general compatibility with adjacent properties, other properties in the district, and the general safety, health, comfort and general welfare of the community.
b. In granting a special use, the City may impose such conditions, safeguards and restrictions upon the premises to reduce or minimize any potential injurious effect of such special uses upon other property in the neighborhood and to carry out the general purpose and intent of these regulations.
3. Processing Of Application. On receipt of an application for a conditional use, the Zoning Official shall forward copies of the application and accompanying information to affected public or governmental agencies and the Planning and Zoning Commission. The Planning and Zoning Commission shall request and consider reports from such public or governmental agencies before determination. Within sixty (60) days after the receipt of the application, the Planning and Zoning Commission shall submit a report and determination to the City Council, which shall include a finding that the use will or will not:
a. Serve the convenience and general welfare of the public.
b. Serve the neighborhood in some degree.
c. Protect the neighborhood interest.
d. Alter the character or nature of the development of the neighborhood.
e. Be in basic harmony with the various elements and objectives of the Master Plan.
f. Comply with the requirements established for that conditional use.
4. Determination. The Planning and Zoning Commission shall forward the report and recommendation to the City Council.
5. The Planning and Zoning Commission shall recommend a time limitation on the conditional use permit.
a. Sunset. A special use permit shall expire, upon public hearing, unless a building permit is taken within twelve (12) months to effectuate such specially permitted use; or if no building permit is required, evidence of use is filed with the Building Inspector.
b. Abandonment. Once a specially permitted use ceases or is abandoned for a period of more than twelve (12) months, the special use permit shall expire upon public hearing; except that the special use permit for an auto salvage yard shall automatically expire if the State license for operating the auto salvage yard lapses for a period of time more than six (6) months.
c. Home Occupation. A special use permit for a home occupation shall not be transferable to a new owner of the real estate.
d. Expiration as a condition of the permit. A special use permit shall expire on the date specifically stated in the conditions listed on each permit.
6. Said conditional use permit shall be renewable at the discretion of the Planning and Zoning Commission and the City Council.
7. Any landowner has the right to request a conditional use. All approved conditional uses are subject to the express limitations and requirements established in these Zoning Regulations. Any lessening or subverting of those limitations and requirements constitutes a variance and must be treated accordingly.
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