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Appeals may only be filed within thirty (30) days immediately following the date of the administrative action which is the subject to the appeal. An appeal is filed by delivering to the administrative office involved and to the board a completed notice of appeal, together with the required fee. Official notice of appeal forms shall be available without cost from the city planner. The notice of appeal must, in addition to all other information required by the form, specify the particular grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the board all documents constituting the record upon which action appealed from was taken. (Ord. 52-09, 10-19-2009)
The zoning board of adjustment may allow as conditional uses only those uses classified as conditional uses in this title. No conditional use shall be allowed in a particular district unless such use is specifically permitted as a conditional use in the regulations for that district, except as provided in chapter 4 of this title, and the board shall not act upon any conditional use permit application unless and until the requirements for each conditional use within the specific district in which it is located have been met. (Ord. 52-09, 10-19-2009)
A. Any person may file an application to use property for one of the conditional uses permitted in the district in which the property is located. All applications for a conditional use permit shall be made upon the official form for such applications which shall be available from the planning services department.
B. Review of the application for a conditional use permit may be obtained by delivering the completed application form to the planning services department together with payment of the required fee.
C. The board may require the applicant for a conditional use permit to supply any further information beyond that contained in the application where it reasonably considers such information necessary to make the determinations required by section 16-8-5-4 of this chapter. (Ord. 52-09, 10-19-2009)
Following receipt of the completed application form the board shall, with due diligence, hold a public meeting to consider the application for a conditional use permit. Notice of the time and place of the public hearing shall be published in the newspaper of general circulation at least seven (7) days and not more than twenty (20) days prior to such hearing. The board shall direct and require verification that notice of the time and place of the meeting has been sent by first class mail to all owners of property within two hundred feet (200') of the property at which the conditional use permit is sought. At the public meeting, all interested parties shall be afforded a reasonable opportunity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the board. (Ord. 52-09, 10-19-2009)
No conditional use permit shall be granted unless the board determines on the basis of specific information presented at the public meeting 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 this title, including lot requirements, bulk regulations, use limitations, and all other standards or conditions contained in the provisions authorizing such use.
B. Adequate utility, drainage and other necessary facilities or improvements have been or will be provided.
C. Adequate access roads or entrances and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic conflicts and congestion in public streets and alleys.
D. The use shall not commence until applicant has provided written evidence that all necessary permits and licenses required for the operation of the conditional use have been obtained.
E. All exterior lighting fixtures are shaded wherever necessary to avoid casting direct light upon any property located in a residential district.
F. 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 location of the site with respect to streets giving access to the conditional use, shall be such that it will be in harmony with the appropriate and orderly development of the district and neighborhood in which it is located.
G. The location, nature and height of buildings, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not reasonably hinder or discourage the appropriate development, use and enjoyment of the adjacent land, buildings and structures.
H. 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. (Ord. 52-09, 10-19-2009)
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