[Ord. No. 390 §12, 12-11-1968; Ord. No. 446 §11, 1-11-1972; Ord. No. 523 §3, 12-9-1974; Ord. No. 627 §§1 — 2, 9-9-1980; Ord. No. 776 §1, 4-12-1988; Ord. No. 94-985 §1, 3-15-1994; Ord. No. 94-989 §1, 3-15-1994; Ord. No. 2001-1200 §1, 7-17-2001; Ord. No. 2012-1677 §1, 3-22-2012]
The Board of Aldermen may, subsequent to review and report by the Planning and Zoning Commission as provided in this Section and subject to such protective restrictions and conditions that it deems necessary, authorize the location of any of the following buildings or uses as conditional uses and may authorize an increase beyond the maximum height limit in any district from which they are otherwise prohibited or limited by this Chapter.
Any public building erected and used by any department of the City, County, State or Federal Government.
Hospitals and institutions, except institutions for criminals and mental patients, provided however, that such buildings may occupy not over twenty-five percent (25%) of the total area of the lot or tract and will not have any serious and depreciating effect upon the value of the surrounding property and, provided further, that the buildings shall be set back from all yard lines a distance of not less than two (2) feet for each foot of building height.
Community building or recreation field.
Private schools, including kindergarten, pre-kindergarten and nursery schools.
Riding academies and public stables, either in connection with private clubs or otherwise, where horses are cared for or rented.
Outside dining areas or the outside sale of specified merchandise associated with and adjoining the affiliated restaurant or retail sales establishment on the same lot.
Subject to the requirements of Section 405.200, communications antennas, towers and accessory buildings and equipment if located on a lot of at least five (5) acres used for institutional purposes and owned by a charitable institution or entity exempt from taxation under the U.S. Internal Revenue Code.
Other uses when such are not detrimental to the area and which are screened as noted above.
Any permitted use that offers drive-through or drive-up service.
[Ord. No. 2014-1728 §1, 6-17-2014]
Before issuance of a permit for any of the above buildings or uses, the Board of Aldermen shall refer the proposed application to the Planning and Zoning Commission, which Planning and Zoning Commission shall be given sixty (60) days in which to make a report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities, and other matters pertaining to the public health, public safety and general welfare. No action shall be taken upon any application for a proposed building or use above referred to until and unless the report of the Planning and Zoning Commission has been filed; provided however, that if no report is received from the Planning and Zoning Commission within sixty (60) days, it shall be assumed that approval of the application has been given by the said Commission. In the event of a negative recommendation by the Planning and Zoning Commission or a protest by adjacent landowners as provided in Section 405.220 of this Chapter, such permit may not be granted except by the favorable vote of two-thirds (⅔) of all members of the Board of Aldermen. Before issuing the permit, the Board of Aldermen shall hold at least one (1) public hearing, due notice of the time and place of which shall be given as required by law.
Any applicant for a conditional use shall pay to the City Clerk a fee of two hundred fifty dollars ($250.00), which amount shall be deposited in the City's General Revenue Fund. The Board of Aldermen may waive such fee of two hundred fifty dollars ($250.00) or allow installment payments in the case of extreme hardship as they deem reasonable.
In the event that a conditional use as granted by the City's Board of Aldermen shall be discontinued in practice for any period of one (1) year following its grant, said conditional use permission shall terminate and the use of such land and/or building shall thereafter conform to the regulations of the zoning district in which it is situated.