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The purpose of the regulations described by this chapter is to allow the compatible and orderly development within the city, of uses which may be suitable only in certain locations in a zoning district if developed in a specific way or only for a limited period of time. A conditional use permit is required for all conditional uses as set forth in the conditional use paragraph of each use district. At no time may a structure or property be adapted to a conditional use without first obtaining a conditional use permit. (Ord. 95-04-04, 4-4-1995)
The city's planning director shall have the responsibility for processing all permits required for conditional uses and presenting them to the planning and zoning commission for processing as described below. The following procedures shall be complied with prior to the approval or denial of any conditional use permit:
A. Notice to all owners of real property within two hundred feet (200') of the property for which application has been made shall be mailed, but in no case shall this notification occur less than ten (10) working days prior to consideration at a meeting of the planning and zoning commission to consider such application.
B. Application concerning permits for those uses which are conditional shall be automatically referred to the planning and zoning commission for a public hearing. The planning director shall investigate, notify the adjacent property owners and provide necessary professional advice. The planning and zoning commission may deny an application for a conditional use permit after a public hearing if the proposed use fails to meet one of the criteria set forth in requirements for approval.
C. Appeal shall be in accordance with this title. (Ord. 95-04-04, 4-4-1995)
The property owner or authorized agent shall make application on a form prescribed by the city, and such application shall include site plan drawings and floor plans, if applicable, as set forth in Section 10-13-4
of this Chapter. Obtaining a conditional use permit does not exempt the applicant from complying with requirements of the building code or other applicable ordinances. The fee for a conditional use permit shall be $300; however, if the applicant or his authorized agent request that it be ‘Tabled’ and the request is honored, the applicant/agent will then pay $150 before the City re-activates the administrative CUP process once again. Payment of such fees shall not be refundable in whole or in part. (Ord. 95-04-04, 4-4-1995; amd. Ord. 125-9-2024, 9-3-2024)
A. Purpose: The purpose of the site plan is to ensure compliance with this chapter and to assist in the orderly and harmonious development of the city, the stability of land values and investments, and enhancement of the general welfare.
B. Recording: The applicant shall file with the planning director one copy of a site plan.
C. Contents: The site plan shall contain drawings to scale to indicate as needed:
1. The location of all structures on the subject property and on adjoining property;
2. Landscaping and/or fencing of yards and setback areas and proposed changes;
3. Design of ingress and egress;
4. Off street parking and loading facilities;
5. Height of all structures;
6. Proposed uses; and
7. The location and types of all signs, including lighting and heights. (Ord. 95-04-04, 4-4-1995)
A. The planning and zoning commission may permit a conditional use subject to appropriate conditions and safeguards when the commission finds:
1. That the proposed use meets all the minimum standards established in this chapter and other applicable ordinances.
2. In particular regard to continuous loud noise that may violate the city's noise regulations of Title 4, Chapter 5, and/or because of seemingly un-controlled CUP induced parking that consistently spills over onto residential areas, it is declared that any approved conditional use permit will not be detrimental to the reasonable repose and comfort of area residents; nor will any awarded CUP injure or compromise the health, welfare and safety of the surrounding neighborhood or its occupants; nor shall the awarded CUP be substantially or permanently injurious to neighboring property. Reiterating a special regard to the noise regulations of Title 4, Chapter 5, it is hereby decreed that any confirmed and verified violation(s) to these noise provisions will induce immediate code enforcement processes to be activated and, depending on prompt compliance or the lack thereof, the city may determine to commence the public hearing process to revoke the CUP.
B. Appeal of a decision of the planning and zoning commission shall be to the city commission. (Ord. 95-04-04, 4-4-1995; amd. Ord. 35-07-23, 7-11-2023)
A. The building official shall ensure compliance with this chapter and the conditional use permit. He shall:
1. Make inspections to determine compliance with the provisions of this chapter and the conditional use permit, and initiate appropriate action if necessary.
2. Investigate thoroughly any complaints of noncompliance concerning a permitted special use, and keep a record of all complaints, indicating any action taken. These records shall be made available at the time of renewal of the conditional use permit.
B. Upon determination of noncompliance with the provisions of the conditional use permit, the building official shall take action as follows:
1. Give written notice to the permit holder of the nature of the violation, the necessary action to remedy the violation, and the time period, not less than ten (10) days nor more than thirty (30) days after the date of notification, within which to comply.
2. Notify the planning and zoning commission of the noncompliance if the violations have not been corrected within the prescribed time period.
3. Appeal shall be in accordance with this title.
C. The planning and zoning commission, after due hearing, may revoke any conditional use permit that has been reported in violation by the building official. Continued use without a conditional use permit will be a violation of this chapter and subject to the penalties provided in this code.
D. If a conditional use permit has not been used within six (6) months after the date granted, the permit is automatically canceled. (Ord. 95-04-04, 4-4-1995)
A conditional Use permit for home occupations, bar or lounge and daycare facilities shall have a time limit of not more than one year unless otherwise approved by the Board of Commissioners. If the conditional use permit has a time limitation attached, the expiration date shall be set forth in the enabling and adopted CUP ordinance. Any permittee wishing a renewal of such conditional use permit for a successive time period shall file an application for renewal approximately thirty (30) days before the permit expiration date and shall meet the following conditions:
A. A one-hundred and fifty dollar ($150.00) renewal fee shall be paid by the permittee;
B. For applicable CUP items, the renewal for the conditional use permit shall be pursuant to normal public posting and mail-out protocol.
C. The City Building inspector and Fire Marshal shall always have the right to conduct a facility inspection on the CUPs’ premises to determine if the building is in compliance with prevailing building and fire codes; I
D. If no violations are found during the renewal/inspection process, and if no complaints meriting legitimacy have been filed at the City, then the renewal process proceeds administratively through the Department of Community Planning and Development for approval;
E. If, however, bona fide complaints were filed at the City; or the building is in moderate-to-severe violation of building, electrical, plumbing, mechanical and/or fire codes, then the renewal process must proceed to the Planning and Zoning Commission and the Board of Commissioners for consideration and action. (Ord. 10-05-03, 5-20-2003; amd. Ord. 142-11-24, 11-6-2024)
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