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The information required for all conditional use permit applications shall be as specified in § 199.05 (Information Requirement) of this title.
(Ord. 2011-06-07A, passed 6-7-2011)
As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include conditions which are considered necessary to the meet the performance standards and criteria of this title and to protect the best interests of the surrounding area or the city as a whole. The general performance standards and criteria may include but are not limited to the following:
(A) The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right-of-way shall be provided.
(B) The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with Chapter 210 (Off-Street Parking) of this title.
(C) If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles.
(D) Adequate off-street parking and off-street loading shall be provided in compliance with Chapter 210 (Off-Street Parking) and Chapter 211 (Off-Street Loading) of this title.
(E) Loading areas and drive-thru facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any “adjacent” residential use or district, and provided in compliance with § 205.23 (Drive-Thru Businesses) and Chapter 210 (Off-Street Parking) of this title.
(F) Whenever a nonresidential use “is adjacent to” a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with Chapter 213 (Fencing, Screening, and Landscaping Requirements) of this title.
(G) General site screening and landscaping shall be provided in compliance Chapter 213 (Fencing, Screening and Landscaping Requirements) of this title.
(H) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts, and shall be in compliance with § 205.11 (Exterior Lighting) of this title.
(I) Potential exterior noise and odor generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to ensure compliance with § 205.12 (Emissions, Noise, Odors, Smoke, Air Pollution, Dust and Other Particulate Matter, and Waste) of this title.
(J) The site drainage system as well as availability and compatibility of utilities shall be subject to the review and approval of the City Engineer.
(K) The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment in accordance with § 212.06 (Building Type and Construction) of this title.
(L) Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage or an outdoor, enclosed receptacle area shall be provided in compliance with § 205.13 (Outdoor Storage and Refuse) of this title.
(M) All signs and informational or visual communication devices shall be in compliance with Chapter 207 (Signs) of this title.
(N) The use and site shall be in compliance with any federal, state, or county law or regulation that is applicable and any related permits shall be obtained and documented to the city.
(O) Any applicable business licenses mandated by this Code are approved and obtained.
(P) The hours of operation may be restricted when there is judged to be an incompatibility with a residential use or district.
(Q) The use complies with all applicable performance standards of the zoning district in which it is located and where applicable, any non-conformity shall be eliminated.
(R) All additional conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein.
(Ord. 2011-06-07A, passed 6-7-2011)
Enforcement of the provisions of this chapter shall be in accordance with Chapter 200 (Enforcement and Penalties) of this title. The city reserves the right upon issuing any conditional use permits to inspect the premises to ensure compliance with the provisions of this chapter or any conditions additionally imposed. Violation of an issued permit or of the provisions of this chapter shall be grounds for revocation and denial of future permit applications or modifications.
(Ord. 2011-06-07A, passed 6-7-2011)
The Planning Commission may recommend, and the City Council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with the conditions of the permit or is in continued violation of this title, city codes, or other applicable regulations. The City Council or Planning Commission shall initiate an application and the Zoning Administrator shall notify the responsible person that they have an opportunity to show why the permit should not be revoked. The application shall be processed and considered pursuant to § 196.02 (Application and Procedure) of this chapter. The Zoning Administrator shall provide the responsible person a copy of the proceedings and findings of the Planning Commission and City Council.
(Ord. 2011-06-07A, passed 6-7-2011)
Holders of a conditional use permit may propose modifications to the permit at any time. No changes in the approved plans or scope of the conditional use shall, however, be undertaken without prior approval of those changes by the City Council. Conditional use permit modifications may include, but shall not be limited to, hours of operation, number of employees, expansion of structures and/or premises, operational modifications resulting in increased traffic, and the like. Permit modifications shall be further subject to and processed according to § 196.02 (Application and Procedure) of this chapter and shall be subject to all requirements and standards of this chapter.
(Ord. 2011-06-07A, passed 6-7-2011)
Unless the City Council specifically approves a different time when action is officially taken on the request, conditional use permits which have been issued under the provisions of this chapter shall expire without further action by the Planning Commission or the City Council within 1 year of the date of approval unless the applicant has substantially commenced the authorized use or improvement, or unless within 30 days prior to the expiration of the conditional use permit the applicant has petitioned for a time extension by completing and submitting a request for an extension, including the renewal fee as set forth in the city fee schedule. Such extension request shall be submitted in writing and shall state facts showing a good faith attempt to complete or utilize the approval permitted in the conditional use permit. A request for an extension not exceeding 1 year shall be subject to the review and approval of the City Council. Should a second extension of time or any extension of time longer than 1 year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
(Ord. 2011-06-07A, passed 6-7-2011)
Prior to City Council consideration of a conditional use permit request, the applicant, as may be applicable, shall guarantee to the city the completion of all improvements as shown on the approved site plan and as required by the conditional use permit approval. The guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in Chapter 202 (Site Performance Agreement) of this title.
(Ord. 2011-06-07A, passed 6-7-2011)
Prior to approving an application for a conditional use permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the conditional use permit application relates.
(Ord. 2011-06-07A, passed 6-7-2011)
The Commission of the Department of Natural Resources or its assigned agent shall be notified in writing and said notice shall be postmarked at least 10 days in advance of the public hearing of any request of a conditional use permit included within the Shoreland Management Area. Notice of final action for any of the applications identified above shall be sent to the Commissioner of the Department of Natural Resources and postmarked within 10 days of final action.
(Ord. 2011-06-07A, passed 6-7-2011)