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The Board of Zoning Appeals may hear and decide upon, in accordance with the provisions of this Zoning Ordinance, applications for a Conditional Use Permit. The purpose of a Conditional Use Permit is to allow a proper integration in the City of uses which may only be suitable in specific locations within certain district(s) or only such uses as are designed or laid out in a particular manner on the site. A Conditional Use Permit shall be required for all uses listed as Conditionally Permitted Uses.
(a) Public Hearing. A public hearing may be ordered by the Board and notice thereof shall be given by the Zoning Inspector at least ten (10) days prior to the hearing to the applicant and to those property owners contiguous to the subject property and those directly across the street. Notices shall be sent to those owners at the mailing address listed on the County Auditor tax list. Failure of any person, other than the applicant, to receive notice of any public hearing in no way shall effect the validity of the action taken.
(b) Conforming Use. Any existing lawful use which is considered as a Conditionally Permitted Use by this Zoning Ordinance, which is located in a district in which such use is conditionally permitted, shall be considered as a conforming use. Any expansion of such a Conditionally Permitted Use involving the enlargement of buildings, structures, and/or land areas devoted to such conditional use, shall be subject to the procedures outlined in this section.
(c) Permit Expiration. In any case where an approved Conditional Use Permit has not been used, within twelve (12) months of the date it was granted, the permit shall expire unless an extension of the above time period has been authorized by the Board.
(d) Contents of Application for Conditional Use Permit. An application for a Conditional Use Permit shall be filed with the Zoning Inspector by at least one owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
(1) Name, address, and phone number of applicant.
(2) Legal description of property.
(3) Description of existing use.
(4) Zoning district in which use is located.
(5) Description of proposed conditional use.
(6) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Ordinance.
(e) Revocation. The Inspector shall notify the holder of the conditional use permit by certified mail of his/her intent to revoke the conditional use permit under this section of the permit holder's right to a hearing before the Inspector, within thirty (30) days of the mailing of the notice, if the permit holder so requests. If the holder requests a hearing, the Inspector shall set a time and place for the hearing, and notify the holder. At the hearing, the holder may present evidence and examine witnesses appearing for or against him. If no hearing is requested, the Inspector may revoke the conditional use permit without a hearing. The authority to revoke a permit is in addition to any other means of zoning enforcement provided by law. The holder may appeal to the Board of Zoning Appeals.
In exercising the above-mentioned powers, such Board may, in conformity with such sections, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end has all powers of the officer from whom the appeal is taken.
(Ord. 96-21. Passed 5-9-22.)