1169.02 CONDITIONALLY PERMITTED USE APPROVAL PROCESS.

   (a)    For the home occupation approval process, refer to Section 1167.02 et seq.

   (b)    The Conditionally Permitted Use approval process shall consist of the following steps:

      (1)    Submission of a completed application, materials and fees to the office of the City Manager;

      (2)    The Board of Zoning Appeals shall hold a public hearing;

      (3)    Approval by the Board of Zoning Appeals; and

      (4)    Issuance of the zoning certificate by the City Manager in accordance with the requirements of the Board of Zoning Appeals.

   (c)    Applications for the Conditionally Permitted Use shall be obtained from the office of the City Manager and when completed shall be returned to that office. The application shall consist of the completed form, other required materials and the required fees.

   (d)    The City Manager, upon receipt of the application shall transmit the completed application form to the Board of Zoning Appeals within three working days.

   (e)    The Board of Zoning Appeals shall hold a public hearing to consider the application. The public notice requirements found in Section 1135.02(c) shall be followed.

   (f)   The Board of Zoning Appeals shall approve, approve with modification, or deny the application within sixty days after transmittal by the City Manager.

   (g)    Approval shall not be granted unless the following conditions have been met or exceeded:

      (1)    All requirements, except those specifically modified by this chapter of the district in which the proposed Conditionally Permitted Use is to be located are met; and

(2)    All requirements of Sections 1169.03 and 1169.04 are met.

   (h)    Any change in the type of Conditionally Permitted Use shall require Board of Zoning Appeal approval in accordance with the process described in this section.

   (i)    The Board of Zoning Appeals may prescribe appropriate conditions and safeguards with respect to the density, design, location, maintenance and operation, in addition to those described in the Zoning Ordinance so long as they are necessary for the protection of the adjacent property owners and the character of the neighborhood.

   (j)    The City Manager shall issue a Zoning Certificate only in compliance with the approved requirements of the Board of Zoning Appeals.

(Ord. 1985-40. Passed 8-6-85.)