15-1.01 Recognizing that certain uses may be desirable when located in the City, but that these uses may be incompatible with other uses permitted in a district, certain conditional uses listed herein, when found to be in the interest of the public health, safety, morals, and general welfare of the community, may be permitted by conditional use permit, except as otherwise specified, in any district from which they are not prohibited.
15-1.02 before the location or establishment of, or before any changes in a conditional use permit, the application procedures, conceptual plan requirements, public hearing requirements, and actions as outlined in Section 21-1 et seq. of these regulations shall be followed.
15-1.03 If within 14 days after the date of the conclusion of the Planning Commission public hearing, a petition signed by the owners of 20 percent or more of any property proposed for a conditional use permit, or by the owners of 20 percent of the total area, except public streets and ways located within 200 feet of the boundaries of the property proposed for a conditional use permit is filed in the office of the City Clerk, the conditional use shall not be approved except by 3/4.ths vote of the entire membership of City Council. If the proposed conditional use permit is located on property adjacent to the City limits, the area of notification will extend 1,000 feet into the unincorporated area from the boundaries of the area proposed for the conditional use permit.
15-1.04 The Planning Commission may, within the specifications herein provided, permit such buildings, structures, or uses where requested. The table of lesser uses permits the Planning Commission to recommend zoning not requested by the property owner. In considering any application for a conditional use permit, the Planning Commission shall give consideration to the health, safety, morals, comfort and general welfare of the inhabitants of the City, including but not limited to the following factors:
a. The stability and integrity of the various zoning districts;
b. Conservation of property values;
c. Protection against fire and casualties;
d. Observation of general police regulations;
e. Prevention of traffic congestion;
f. Promotion of traffic safety and the orderly parking of motor vehicles;
g. Promotion of the safety of individuals and property;
h. Provision for adequate light and air;
i. Prevention of overcrowding and excessive intensity of land uses;
j. Provision for public utilities and schools;
k. Invasion by inappropriate uses;
l. Value, type and character of existing or authorized improvements and land uses;
m. Encouragement of improvements and land uses in keeping with overall planning; and
n. Provision for orderly and proper renewal, development and growth. In this regard the Planning Commission may impose reasonable conditions on the approval of a conditional use permit. Such conditions may include a provision approving a conditional use permit limited to an individual property owner or owners alone or a provision approving a conditional use permit for a specific period of time.
15-1.05 Upon approval of a conditional use permit, the Zoning District Map shall be changed in the manner outlined in Section 24-G.06 of these regulations.
15-2.01 The following conditional uses may be approved by the Planning Commission as provided in this section:
1. Bed and breakfast homes with or without a related tea room.
2. Communications towers, if they conform to the following performance standards, in addition to any other standards contained in or referenced in these regulations: Antennas and satellite dish antennas may be constructed as an accessory use in all zoning districts provided the development standards of this section are met. Each lot may have one antenna and one satellite dish placed within its boundaries as a matter of right. Additional antennas and satellite dish antennas are allowed as conditional use under these regulations.
a. The tower is to be a freestanding monopole design without guy wires and designed for the co-location of three telecommunications antennas. The color of the tower shall be blue, gray, galvanized steel or similar color.
b. Only basic security lighting shall be permitted and shall not result in glare on adjacent properties. A lighting ring chart shall be provided as part of the final site plan submitted for the tower.
c. The design of the tower and associated facilities shall maximize the use of building materials, textures, screening and landscaping to blend the tower effectively into the surrounding setting and built environment and to have a neutral aesthetic impact. All building exteriors shall be masonry; no metal buildings are permitted.
d. Landscaping is required to screen any equipment from adjacent property. Barbed, razor or similar types of wire are prohibited on the tower site.
e. Because the technology in personal communication services is advancing so rapidly that in five years a tower may perhaps be lowered or removed, a conditional use permit shall be for a term not to exceed five years. The applicant may seek to renew the permit.
f. Access drives to the site must be asphalt or concrete and be at least 12 feet wide.
g. Any tower that is no longer in use for its original purpose shall be removed at the owner’s expense. The owner shall provide a copy to the City of any federal notice requiring the ceasing of operations. The owner shall have 90 days in which to remove the tower from the date operations cease. In the case of multiple users of a single tower, this provision shall not become effective until all users cease operations. The equipment on the ground shall not be removed until the tower has been dismantled and removed from the site.
h. An applicant for a conditional use permit for a tower shall provide technical data to show the demand for the tower at the proposed location and the need to maintain the integrity of the entire communication system.
i. Only one tower shall be located within a one lineal mile radius of the center of the base of the communications tower. However, a tower may be located within the one-mile radius of another tower if a technical study acceptable to the City proves there are no suitable sites available within that distance. Multiple providers are encouraged to use a tower.
j. Communications providers are encouraged to work to develop a network of towers that all providers share to minimize disruption to the community, to limit the number of towers and to speed up the approval process for tower installations.
k. No tower shall he situated within 300 feet of any residential structure.
l. A tower and antenna structure can be placed on a building in any appropriate zoning district, provided the structure does not exceed the height of the building by more than 25 feet.
m. New technologies and designs, known as stealth designs, that disguise towers and antenna structures to mitigate intrusion on the built environment and comply with current City development regulations will be considered on a case-by-case basis.
n. No tower shall be situated so that if a tower falls it would strike or cause damage to any power line, or so that any part of the tower exceeds the parameters of the property after the tower has fallen.
3. Contractors’ shop and/or yard, including construction equipment and/or materials storage area.
4. Greenhouses, nurseries and/or hydroponic farms, operated as a retail business.
5. Manufactured homes or mobile homes when used as a temporary office or other nonresidential structure on the site of a construction project, provided such structure is removed upon completion or abandonment of the project, or upon the expiration of a period of one year from the time of erection of such temporary structure, whichever is sooner.
6. Home occupations subject to the following use standards:
a. Said use shall be conducted solely within the confines of the main dwelling and shall not exceed 50 percent of the floor area.
b. Garages or carports, whether attached or detached, shall not be used for home occupations other than for the storage of automobiles.
c. There shall be no entrance or exit way specifically provided in the dwelling or on the premises for the conduct of the home occupation thereon.
d. Permitted home occupations shall not include the employment of any persons not residing on the premises in the performance of the occupation.
e. There shall be no outside storage of goods used in the home occupation.
f. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
g. The home occupation shall not cause the elimination of required off-street parking.
7. Public buildings erected or land used by any agency of the City, township, county or state government.
8. Two family or multi-family dwellings where such structures are not permitted land uses within the zoning district.
9. Operations conducted outside of structures in the Industrial District.
10. Trailer camps that must be located on an arterial street, must not be located in a residential neighborhood and must be on a parcel of three or more acres.
15-8.01 A conditional use permit shall be allowed to continue, unless specified otherwise as a condition of its authorization, as long as all conditions placed on it are met; however, if after a public hearing the Planning Commission finds that particular use ceases to exist for a period of six months, or if the use is no longer in compliance with the conditions placed upon such conditional use permit by the Planning Commission and/or the Governing Body, the property forfeits its conditional use permit and will not be allowed to exist again unless a new application is made, a public hearing held as provided for in these regulations, and a new conditional use permit approved.
15-4.01 Parking requirements for conditional uses shall be approved by the Planning Commission. The following shall be taken into consideration when reviewing and approving parking requirements.
1. The use of the facility.
2. The square footage of the building.
3. The surrounding land uses and zoning districts.
15-4.02 Where appropriate, the parking regulations of the underlying zoning district or the most analogous zoning district shall be followed.
15-4.03 Additional parking requirements are contained in Section 19-1 et seq. of these regulations.
15-5.01 All conditional uses shall comply with the height, area, and yard regulations of the zoning district in which they may be located, unless otherwise specified in this section.