(a) The purpose of a conditional use permit provides a means for developing certain uses in a manner in which the proposed use will be compatible with adjacent property and consistent with the character of the neighborhood.
(b) The uses listed in each district as “conditional use” are prohibited in the district unless and until a conditional use permit is granted for such use by the city council in accordance with the requirements and procedures set forth in this section. Conditional use requirements as to number, area, location, duration or relationship to the neighborhood and adequate development standards and safeguards established for such use are intended to promote the health, safety and welfare of the neighborhood and the city.
(c) Each conditional use permit shall be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate in the discretion of the city council.
(d) A conditional use permit shall be required as stated in division 2 (districts and zoning district map) for each place of business for alcohol-related uses, regardless of property adjacency and/or ownership. Each conditional use permit for alcohol-related uses shall provide a clear location map and an exhibit with proposed physical features relating to the business.
(e) Conditional use permit application.
An application for a conditional use permit shall be submitted to the planning and zoning commission and shall include the following:
(1) A written description of the proposed use.
(2) A plan showing the location of the proposed use on the site.
(3) For alcohol-related uses, a statement describing the proximity to other similar alcohol-related uses and associated strategy and/or justification.
(4) Any additional information required by the zoning administrator.
(f) Review by the planning and zoning commission and the city council of a conditional use permit application.
(1) The planning and zoning commission shall hold a public hearing after proper advertisement and make a recommendation to the city council.
(2) The city council shall hold a public hearing and approve, approve with conditions, or deny the conditional use permit based on the review criteria below.
(g) Conditional use permit review criteria.
In evaluating a conditional use permit application, the planning and zoning commission and the city council shall consider whether the proposed use:
(1) For alcohol-related uses:
(A) Mitigates all potential parking, noise, lighting, and outdoor event/entertainment space from existing and future neighboring uses;
(B) Provides refined and high-quality design and theming of the exterior of the property and building that contributes to a family friendly, sophisticated, and lake-oriented city character (to include building materials, signage, architecture, lighting, colors, landscaping, and other features);
(C) Positively blends into location along street corridor and/or area with compatible and tasteful siting, form, and features; and
(D) Proximity to other similar alcohol-related uses (to prevent over-saturation of similar alcohol-related uses in one particular area, a certain corridor, or the city overall without associated strategy and/or justification).
(2) Compliments or is compatible with the surrounding uses and community facilities;
(3) Contributes to, enhances, or promotes the welfare of the area of request and adjacent properties;
(4) Is not detrimental to the public health, safety, or general welfare;
(5) Conforms in all other respects to all applicable zoning regulations and standards; and
(6) Is in conformance with the comprehensive plan.
(h) Additional conditions on a conditional use permit.
(1) As a condition of approval, the planning and zoning commission and city council may impose reasonable conditions upon the conditional use permit consistent with the comprehensive plan, other stated development goals and objectives of the city and the requirements of other city regulations.
(2) Such conditions may include, but are not limited to the location, health, safety, arrangement, operation, duration, traffic, parking, and type and manner of construction of any use for which a conditional use permit is requested.
(i) Effect of conditional use permit.
(1) The granting of a conditional use permit has no effect on the uses permitted by right and does not waive the regulations of the underlying zoning district.
(2) A conditional use permit runs with the land; therefore, a new owner is not required to reapply for a conditional use permit unless a time limit that has been established terminates.
(j) Conditional use permit and the zoning map.
(1) When the city council authorizes granting of a conditional use permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses.
(2) The amendment is to indicate the appropriate zoning district for the approved use and shall be suffixed by a “C” designation.
