Where in this chapter a conditional use permit is required, the following procedures for submission and approval by the Board of Adjustment shall be followed:
1. An application for a conditional use permit, available from the Zoning Administrator, shall be completed in full and filed with the Zoning Administrator along with the required application fee. The fee for permits allowed by 165.28(4)(E) shall be $10.00 per 100 square feet of area of display.
2. Supporting information is provided with the application for a conditional use permit including a site plan indicating setback lines, building locations, proposed and existing uses and other such information as the Zoning Administrator may require to ascertain compliance with this chapter and to clearly present the proposed use and its impacts.
3. A signed and attested statement from the property owner indicating compliance with all provisions of this chapter and a detailed explanation of any permitted nonconformities on the subject property is submitted to the Zoning Administrator.
4. The property owner submits to the Zoning Administrator other information and supporting documentation as required by the specific zoning district in which the permit is sought.
5. The Zoning Administrator shall determine a complete application has been submitted and set the date of a public hearing, pursuant to Section 165.58 before the Board of Adjustment. The hearing shall be set within thirty (30) days of receipt of the complete application.
6. Conditional Use Permit Findings. No conditional use permit shall be granted unless the Board determines on the basis of specific information presented at the public hearing or contained in the application for such use that each of the following conditions has been satisfied:
A. The proposed conditional use will comply with all applicable regulations of the Zoning Ordinance, including, but not limited to lot requirements, use limitations and all other standards and conditions contained in the provision authorizing such use.
B. Adequate utility, drainage and other necessary facilities or improvements have been provided or will be provided.
C. Adequate access will be provided and designed so as to prevent traffic hazards and to minimize traffic congestion on public streets and alleys and on site.
D. All necessary licenses and permits required for the operation of the conditional use have been obtained, or it clearly appears that such permits are obtainable for the proposed conditional use on the property.
E. The location and size of the conditional use, the nature and intensity of the activities to be involved or conducted in connection with it, the size of the site in relation thereto and the size of the site with respect to streets giving access to the conditional use, shall be such that it will be in harmony with appropriate and orderly development of the district and the neighborhood which it is located.
F. The location, nature and height of buildings or structures on the site and nature and extent of the landscaping and screening on the site shall be such that the use will not reasonably hinder or discourage appropriate development, use or enjoyment of adjacent land, buildings or structures.
G. The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is located and will contribute to and promote the convenience and welfare of the public.
7. The Board of Adjustment shall act upon a conditional use permit within 30 days. Failure to act within 30 days shall constitute a denial of the application. The Board of Adjustment shall deny, approve or approve with conditions the application for a conditional use permit in accordance with the provisions of Section 165.50(6) above.
8. Decisions and Records. The Board of Adjustment shall render a written decision on the application for a conditional use permit within thirty (30) days after the close of the hearing. The decision of the Board of Adjustment shall contain specific findings of fact supporting the granting or denial of a conditional use permit and shall clearly set forth any conditions or restrictions imposed by the conditional use permit.
9. Permit Expiration. All conditional use permits issued under this chapter shall expire and are null and void on the date which shall be twelve (12) months after issuance, unless work shall have been commenced under such permit prior to such date. At any time after twenty-four (24) months the Council, upon recommendation of the Zoning Administrator, may revoke the permit upon finding the project is not proceeding expeditiously. The permit allowed by 165.28(4)(E) shall expire no more than 120 days after issuance or such lesser period of time as may be otherwise directed by the Council.
10. Permit Revocation. At any time, the Council may revoke the conditional use permit upon finding the applicant has violated the conditions of approval. Upon the revocation of a conditional use permit the property owner shall be notified by certified mail and given thirty (30) days to remedy the default. If the Council finds the default has been remedied within the thirty (30) days it may reinstate the conditional use permit. If not reinstated, the property owner shall be in violation of this chapter and the City may pursue its remedies thereunder.
11. Required Compliance Certificate and Zoning Permit for Permit Holders. All holders of conditional use permits shall apply for a zoning permit prior to beginning construction and a certificate of zoning compliance within thirty (30) days of completion of the improvement for which the conditional use permit was secured.