A.
The intent of the conditional use is to maintain a measure of control
over uses that have an impact on the entire community. Generally,
conditional uses may be desirable in certain locations for the general
convenience and welfare. They must use the property in a manner that
assures neither an adverse impact upon adjoining properties nor the
creation of a public nuisance. In short, because of the nature of
the use, it requires sound planning judgment on its location and site
arrangement.
B.
Conditional use permits may be issued for any of the conditional uses for which a use permit is required by the provisions of this chapter, provided that the City Council shall find that the application is in accordance with the provisions of this chapter, after duly advertised hearings, held in accordance with provisions of § 440-242C.
A.
The application for a conditional use shall first be made with the
City Manager, who shall then forward the materials to the Planning
Commission.
C.
The Planning Commission shall hold a public hearing and study such
information and make recommendations to the City Council within 60
days of the City Manager's referral to the Planning Commission.
D.
The City Council shall then act within 60 days of the receipt of
the Planning Commission's recommendation to either approve with conditions
or deny such use after holding a duly advertised public hearing. Council's
decision shall be based on the determination that the location of
the use is appropriate, it is not in conflict with the Comprehensive
Land Use Plan and is consistent with the purpose and intent of this
chapter.
The following criteria shall be used as a guide in evaluating
a proposed conditional use:
A.
The presence of adjoining similar uses;
B.
An adjoining zone in which the use is permitted;
C.
There is a need for the use in the area proposed as established by
the Comprehensive Land Use Plan;
D.
There is a sufficient area to screen the conditional use from adjacent
different uses;
E.
The use will not detract from permitted uses in the zone;
F.
Sufficient safeguards, such as traffic control, parking, screening
and setbacks, can be implemented to remove potential adverse influences
on adjoining uses;
G.
Minimal effect on neighboring properties.
A.
In granting a conditional use permit, the City Council may designate
such conditions as will, in its opinion, assure that the use will
conform to the requirements as stated in this article and that such
use will continue to do so.
B.
An application that has been denied for a conditional use permit
for the same lot or use shall not be considered by the City Council
within a period of 365 days from its last consideration. This provision,
however, shall not impair the right of the Council to propose a use
permit on its own motion.
C.
If a conditional use permit is granted under the provisions of this
article, the City Council shall direct the City Manager to officially
notify the applicant in writing of all conditions approved by the
City Council.
D.
The approval of a conditional use is valid for one year. Unless permits
are obtained, or construction or use is substantially underway, all
provisions of the conditional use are automatically rescinded. Permits
may be revoked by Council for failure to comply with the stated conditions
of approval or applicable regulations.
The following are prohibited uses:
A.
Automatic wrecking yards, junkyards, or sorting and baling of scrap
metal, paper, rags, glass, or other scrap material;
B.
The parking, storing, or keeping of a dismantled, inoperative, or
discarded motor vehicle or any parts thereof, unless within an enclosed
building;
C.
The storage of or keeping of derelict manufactured homes or any parts
thereof, unless in an enclosed building;
D.
Any uses not permitted by this chapter are prohibited.
[Added 10-17-2022 by Ord. No. 22-04]
In addition to the conditional use requirements and standards set forth in § 440-241 through § 440-245, the following conditions shall apply to a large-scale solar facility use:
A.
Height.
Ground-mounted, freestanding solar collection devices shall not exceed
l6 feet in height.
B.
Lot coverage.
Lot coverage of impervious surfaces shall not exceed 30% of the total
lot area; however, only the base and/or foundation of ground-mounted,
freestanding solar collection devices shall be counted toward the
impervious surface cover calculation.
C.
Setbacks.
Setbacks shall be 30 feet from all property lines and edges of rights-of-way.
Setbacks may be reduced to minimum setbacks in the base zoning district
or any applicable overlay district, whichever is greater, with written
consent from the affected adjacent property owner.
D.
Buffering. Visual buffering of sufficient height and density to hide all development features from public streets and abutting properties is required, and shall meet the minimum requirements of Article XIII, General Regulations.
E.
Abandonment.
A large-scale solar facility that does not produce energy for a continuous
period of one year or more shall be deemed abandoned. The applicant
may request a good cause exemption that may not be unreasonably withheld
if all real estate and personal property taxes are in good standing.
Any large-scale solar facility deemed abandoned without attaining
a good cause exemption must be decommissioned and removed within 180
days. Decommissioning must consist of:
(1)
Physical
removal of all solar photovoltaic facilities, structures, equipment,
security barriers and transmission lines from the site.
(2)
Recycling
or disposal of all solid and hazardous waste in accordance with local,
state, and federal regulations.
(3)
Stabilization
or revegetation of the site as necessary to minimize erosion. The
Planning Director is authorized to allow the owner or operator to
leave landscaping or designated below-grade foundations in place in
order to minimize erosion and disruption to vegetation.
F.
Decommissioning
plan.
(1)
A
decommissioning plan outlining the anticipated means and costs of
removing the large-scale solar facility must be submitted with the
application.
(2)
The
decommissioning plan should ensure that the owner/operator properly
removes the equipment and facilities upon the end of project life
or after their useful life. The plan must include provisions for the
removal of all structures and foundations, the removal of all electrical
transmission components, and the restoration of soil and vegetation
and/or agriculture.
(3)
The
owner/operator must provide a present-day decommissioning cost estimate
and identify the parties responsible for decommissioning.
G.
Financial
assurance. Prior to final plan approval, the operator or property
owner shall provide a bond, surety, letter of credit, or other financial
assurance in a form and amount acceptable to the Department to secure
payment of 125% of the anticipated cost of removal of all associated
site improvements and restoration of the site to its pre-development
condition. The financial assurance shall remain in full force and
effect as long as the solar facility remains in place. The financial
assurance shall be reviewed and renewed every five years to ensure
the amount reflects the current market.
