Conditional Use Permits & Variance Requests

 
CONDITIONAL USE PERMITS - Ordinance 156.64 (Ordinance 156.64 can be accessed by clicking here)
 
Application for the issuance of a conditional use permit shall be made to the Planning Commission. The Planning Commission may hold hearings on the proposal to issue a conditional use permit as it may consider necessary but at least one public hearing shall be held on any such application. Notice shall be given at least ten days in advance of the public hearing in a newspaper of general circulation in the city. The person or his or her agent making the appeal or the request shall be notified by mail. Any party may appear in person at the public hearing, or by agent or attorney. Following the hearing, the Planning Commission shall make a report upon the proposal to the City Council and shall recommend to the City Council whatever action it deems advisable.
  • To defray administrative costs of processing of requests for conditional use permits, a fee shall be paid by the applicant, the amount of the fee to be determined by the City Council.
  • Upon receipt of the report of the Planning Commission, the City Council may hold whatever public hearings it deems advisable and shall make a decision upon the request for a conditional use permit.
  •  The Planning Commission may recommend and the City Council may designate conditions and require guarantees in the granting of a conditional use permit. Conditions may include, but are not limited to, the following:
    • Paving, shrubbery, screening, fences or walls 
    • Control or elimination of smoke, dust, vibration, gas, noise or odor;
    • Hours of operation;
    • Location of exits;
    • Cleaning and painting;
    • Elimination of nonconforming uses of land or nonconforming signs;
    • Direction and intensity of outdoor illumination;
    • Off-street parking and loading; and
    • The duration of approval of the conditional use, after which the approval shall expire.
 
Click here to print a conditional use permit application.
 
 
VARIANCES - Ordinance 155.09 (Ordinance 155.09 can be accessed by clicking here)
 
The Planning Commission may recommend to the Council a variance from the provisions of this chapter when, in its opinion, undue hardship may result from strict compliance.
 
  • In granting any variance, the Council shall take into account the nature of the proposed use of the land, the existing use of the land in the vicinity, number of persons who reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity.
  • No variance shall be granted unless the Council finds that:
    • There are special circumstances or conditions affecting the property, such as strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
    • The variance is necessary for the preservation and enjoyment of substantial property rights of the petitioner;
    • The granting of the variance will not be detrimental to the public welfare or injurious to the other property in the territory in which the property is situated; and
    • Strict application of the subdivision regulations would create an undue hardship on a property owner as opposed to mere inconvenience.
 
Click here to print a variance request form.