Any owner, or agent thereof, of property for which a conditional use is proposed, shall make an application for a conditional use permit by filing it with the Zoning Inspector. After reviewing the application and determining that the application is complete, the Zoning Inspector shall transmit copies of the application to the Planning and Zoning Commission, along with other agencies and organizations deemed necessary. If all information required is not provided, the Zoning Inspector shall promptly notify the applicant of the items needed. Within 30 days following the determination that the application is complete, the Planning and Zoning Commission shall hold a public hearing. Notice of such hearing shall be given in one or more newspapers of general circulation in the city at least ten days before the date of said hearing. The notice shall set forth the time and place of the hearing and shall provide a summary explanation of the conditional use proposed. Notice of this public hearing shall also be sent to all owners of property within 300 feet of the property in question. Following the hearing, but within 30 days after the determination that the application is complete, the Planning and Zoning Commission shall make a decision. The decision may be appealed by any interested party in writing to City Council if such appeal is made within 30 days following the decision of the Planning and Zoning Commission. The written appeal must be filed with the City Clerk. On receipt of the written appeal, the Council shall discuss the appeal at a second public hearing and shall make a decision whether to grant the conditional use.
(A) General standards for all conditional uses. The Planning and Zoning Commission shall review the particular facts and circumstances of each proposed conditional use in terms finding that the proposed conditional use:
(1) Is in fact a conditional use as established under the provisions of the applicable zoning district.
(2) Will be in accordance with the general objectives or with any specific objectives of the Master Comprehensive Plan.
(3) Is designed, constructed, operated, and would be maintained so as to be harmonious with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will be served adequately by essential public facilities and services.
(6) Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(B) Supplementary conditions and safeguards. In granting approval for any conditional use, the Planning and Zoning Commission may prescribe appropriate conditions and safeguards in conformance with this chapter. Any violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a punishable violation of this chapter. Examples of appropriate conditions and safeguards include:
(1) Larger buffer areas between the proposed conditional use and adjacent property.
(2) Greater yard requirements.
(3) Limits on the location or illumination of signs.
(4) Limits on where parking areas may be located.
(C) Expiration of conditional use permit. A conditional use permit shall be deemed to authorize only one particular conditional use, and said permit shall automatically expire if such conditional use has not been instituted or utilized within one year of the date on which the permit was issued or if for any reason such use shall cease for more than two years.
(Ord. 37-02, passed 7-10-02)