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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)
A. Imposition Of Conditions And Restrictions: In granting a conditional use permit, the board may impose any conditions or restrictions it reasonably considers necessary to ensure full compliance with the standards of section 16-8-5-4 of this chapter to reduce or eliminate any detrimental effect of the proposed conditional use permit upon the neighborhood or the district, or to carry out the general purposes and intent of this title.
B. Modification Of Conditions And Restrictions: Any subsequent change or modification of a condition or restriction imposed by the zoning board of adjustment in granting a conditional use permit must be approved in the same manner and with the same requirements as the original application for a conditional use permit.
C. Violation Of Conditions And Restrictions: A violation of such conditions and restrictions, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this title. (Ord. 52-09, 10-19-2009)
The board shall render a written decision on an application for a conditional use permit after the close of the meeting. The decision of the board shall contain specific findings of fact supporting the granting or denial of the conditional use permit and shall clearly set forth any conditions or restrictions imposed pursuant to section 16-8-5-5 of this chapter. The board shall maintain the record of all actions with respect to applications for conditional use permits and shall notify the city council of their decisions on each application. (Ord. 52-09, 10-19-2009)
A. No conditional use permit granted by the board shall be valid for a period longer than two (2) years from the date on which the board grants the permit, unless within such two (2) year period:
1. A building permit is obtained and the erection or alteration of a structure is started, or
2. An occupancy permit is obtained, if required, and the use is commenced.
B. The board may grant a maximum of one extension not exceeding six (6) months, upon written application, without notice of hearing. (Ord. 52-09, 10-19-2009)
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