(A) Purpose. The purpose of this section is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare and public safety.
(B) Application. Applications for conditional use permits shall be made to the Zoning Administrator, together with required fees. The application shall be accompanied by a site plan showing such information as is necessary to show compliance with this chapter, including, but not limited to:
(1) Description of site (legal description);
(2) Site plan drawn to scale showing parcel and building dimensions;
(3) Location of all buildings and their square footage;
(4) Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks;
(5) Landscaping and screening plans;
(6) Drainage plan;
(7) Sanitary sewer and water plan with estimated use per day;
(8) Soil types; and
(9) Any additional written or graphic data reasonably required by the Zoning Administrator or the Planning Commission.
(C) Procedure.
(1) The Zoning Administrator shall review the application forms and attachments for compliance with this subchapter and shall determine whether or not a complete application has been submitted. Once all of the necessary information has been received, the Zoning Administrator shall schedule a public hearing for the application at the next available Planning Commission meeting.
(2) Notice of such hearing shall be published in accordance with state law and notice shall be published at least once in the official paper of the city and mailed to individual properties within 350 feet of the parcel included in the request not less than ten days nor more than 30 days prior to the date of the hearing. Failure of a property owner to receive the notice shall not invalidate any such proceedings.
(3) The Planning Commission shall consider possible adverse effects of the proposed conditional use and what additional requirements may be necessary to reduce any adverse effects and shall make a recommendation to the City Council within the prescribed time frame.
(4) Upon receiving the report and recommendation from the Planning Commission, the City Council shall review the application and the findings of fact made by the Planning Commission and shall make a determination on the application within the prescribed time frame. Approval of a conditional use shall require passage by a four-fifths vote of the full City Council.
(5) The city may impose conditions of approval that exceed the minimum requirements of this chapter in order to protect the health, safety, and welfare of the community.
(D) Standards; criteria. No conditional use permit shall be approved by the Planning Commission unless the Commission shall find that:
(1) The use, with conditions, will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted;
(2) The establishment of the conditional use, with conditions, will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area;
(3) Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided;
(4) Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use;
(5) Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result;
(6) Proper facilities are provided which would eliminate any traffic congestion or traffic hazard which may result from the proposed use; and
(7) The proposed use is in compliance with the comprehensive plan adopted by the city.
(E) Recording. A certified copy of any conditional use permit shall be filed with the County Recorder. The conditional use permit shall include the legal description of the property involved.
(F) Fees. To defray administrative costs of processing requests for conditional use permits, a fee as set by resolution of the City Council shall be paid by the applicant at the time the application is requested. The city shall also be reimbursed for any additional costs associated with review of a proposal as set by the City Council.
(G) Compliance. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms of such permits and of any conditions designated in connection.
(H) Lapse of conditional use permit by nonuse. Whenever within one year after granting the conditional use the work permitted has not been started, such permit shall become null and void unless a petition for an extension has been approved by the City Council. If the permit becomes null and void, a new conditional use permit application review will be required.
(Prior Code, § 13.07)