Sec. 27-56. Conditional uses, procedures and standards.
For the purpose of providing the most appropriate use of land throughout a district and giving a maximum consideration to the character of the district and its peculiar suitability for particular uses in the areas affected by this Code, permitted uses and conditional uses are provided for in the various district regulations of this Code.
(1) Permitted uses. Permitted uses are those uses permitted outright in the district.
(2) Conditional uses. Conditional uses are those that would not be appropriate generally throughout the zoning district without restrictions, but which, if controlled as to number, area, location, size or relation to the district and would protect the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare of abutting properties, citizens and the city.
a. Procedure. After receiving an application accompanied by a fee as set forth in Section 2-5 of this Code plus publication costs, and after a public hearing, the planning commission may authorize a conditional use permitted in a zoning district, provided it is found that the location and characteristics of the use will not be injurious to the health, safety, morals and general welfare of the area. An application for a conditional use permit shall include a site plan which plan shall denote the location of any hazardous materials. Notice for such hearings shall be given in the manner provided in Sections 19-904 and 19-905, R.R.S. 1943, as the same may, from time to time, be amended. To authorize a conditional use permit, a minimum of five (5) affirmative votes of the members appointed to the planning commission shall be required.
b. Standards. The conditional uses shall conform to the intent and purpose of these regulations, the comprehensive plan and the following requirements:
1. The use shall in all other respects conform to the applicable regulations of the district in which it is located.
2. Ingress and egress shall be so designed as to minimize congestion in the public street, road or highway.
3. The planning commission (and the city council in the event of appeal) shall review and approve the conditional use permit based on the criteria set forth in Sec. 27-58 and conformance with applicable regulations in these zoning regulations. The planning commission may stipulate and require such conditions and restrictions upon the conditional use and operation as is deemed necessary for the protection of the public interest and to secure compliance with these regulations. All decisions of the planning commission may be appealed to the city council, by any person aggrieved by the decision of the planning commission, or any taxpayer, officer, department, board, or bureau of the city. Such appeal must be presented to the city clerk within fifteen (15) days after the decision is made by the planning commission. In the event of an appeal, the city council shall hold a public hearing and after doing so, the city council may reverse, affirm or modify the decision of the planning commission. Before either the planning commission or the city council shall act on the conditional use, all publication fees necessitated by the filing of the application for conditional use shall be paid in full by the applicant.
4. The planning commission may, at its discretion, apply a conditional use permit to a specific owner or applicant or allow such permit to run with the land.
c. If an approved conditional use is not begun within a period of 12 months following approval, the conditional use permit shall become null and void.
d. Failure to observe and maintain the conditions and restrictions of the conditional use permit shall be considered a violation of this chapter subject to penalty as provided herein and shall be grounds for review of the conditional use permit. Review of a conditional use permit may be requested by the zoning official, the planning commission or by the city council. In the event of the review of a conditional use permit as provided herein, a public hearing shall be held by the planning commission. Notice for such hearing shall be given in the manner provided for in Sections 19-904 and 19-905, R.R.S. 1943, as the same may, from time to time, be amended. Following said hearing, the planning commission may leave the conditional use permit unaltered, revoke the permit, or alter the permit by adding, deleting or modifying the conditions and restrictions contained in the permit. Any decision of the planning commission regarding the review of a conditional use permit pursuant to this subsection may be appealed to the city council by any person aggrieved by the decision of the planning commission, or any taxpayer, officer, department, board, or bureau of the city. Such appeal must be presented to the city clerk within fifteen (15) days after the decision is made by the planning commission. In the event of an appeal, the city council shall hold a public hearing and after doing so, the city council may reverse, affirm or modify the decision of the planning commission. Publication costs incurred in the review of a conditional use permit shall be borne by the city.
e. If conditional use permits are issued pursuant to this chapter as a personal privilege granted to the applicant, the permit shall not be subject to transfer, voluntarily or involuntarily except that the personal representative of the estate of any deceased holder of a conditional use permit, or a partnership or limited liability company upon the death of one or more of the partners or members, may continue to exercise the privileges of the deceased or deceased partner or member of the death of such decedent until the expiration of such conditional use permit; or when a conditional use permit is issued to a husband and wife owning property as joint tenants with rights of survivorship, upon the death of one spouse, the survivor may exercise all rights and privileges under such permit in his or her own name. The trustee of any insolvent or bankrupt permittee, may continue to exercise the privileges of the insolvent or bankrupt permittee.
f. The city clerk shall forward to the register of deeds for recording an affidavit or such other instrument as may be deemed appropriate so as to provide notice to any person examining the real estate records of the existence of any conditional use permit and the conditions or restrictions contained in such permit. The recording costs incurred to comply with this section shall be paid by the applicant for the conditional use permit.
Source: Ord. No. 4603, § 1, 9-16-02; Ord. No. 4868, § 6, 1-17-06; Ord. No. 5135, § 18, 9-7-10; Ord. No 5250, § 2, 4-1-13