Conditional Use Permits

Purpose of a Conditional Use
There are certain uses, which because of their unique characteristics make impractical the predetermination of permissibility. In these cases, specific standards, regulations, or conditions may be established by the City’s Plan Commission.  Conditional use requests are evaluated on the following criteria:

  1. Is in harmony with the recommendations of the Comprehensive Plan.
  2. Will result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future.
  3. Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.
  4. The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property.
  5. The potential public benefits outweigh any and all potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts.

Process

  1. Application: Applications are available at the Zoning Applications link or at the City’s Development Services Department.  An application shall contain a map, written description of the proposal, site plan, and written justification.
  2. Review by Zoning Administrator: Shall determine whether the application is complete and fulfills the requirements of the Zoning Code, coordinate a review with the DRT, evaluate the proposal, and write a report to be forwarded to the Plan Commission.
  3. Public Hearing: Within 50 days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with Section 18-158 to consider the request.
  4. Review and Recommendation by the Plan Commission: Within 60 days after the public hearing, the Plan Commission may make a written report to the Common Council, and/or may state in the minutes its recommendations regarding the application.
  5. Review and Action by Common Council.