(A) The following procedure is established to integrate properly the conditional uses with the other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure:
(1) An application shall be filed with the office of the City Planning Commission for review. Such application shall be in such form and content as the Planning Commission may by resolution establish;
(2) The Planning Commission shall within 45 days of the date of the application transmit to the City Council its report as to the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utilities, and other matters pertaining to the general welfare and the recommendation of the Planning Commission;
(3) The Planning Commission may recommend and the City Council may establish such conditions which in its judgment would carry out the purpose and intent of these regulations as a condition or conditions to the permitting of such conditional use. Thereupon, the City Council may authorize or deny the issuance of a building permit for the use of land or buildings as requested;
(4) For each application for a conditional use permit, a fee as set by the City Council by motion or resolution shall be paid to the City Clerk-Treasurer. The cost of legal publication and required notices shall be the responsibility of the applicant, also each applicant shall submit an accurate legal description and map of the land and existing buildings. A certified abstractor’s list of all owners of property located within 300 feet of subject property shall be submitted;
(5) The Planning Commission shall publish a notice of the public hearing in an official paper or a newspaper of general circulation in the city at least 15 days prior to the date of the public hearing giving the time and place of the public hearing and the proposed conditional use. Notice shall be mailed to all owners of property located within 300 feet of the subject property at least 20 days prior to the hearing; and
(6) The City Council may make its approval of any conditional use permit subject to conditions when, in its judgment, compliance of the applicant to the conditions would diminish adverse impact of the desired use on surrounding uses. The conditions to be met shall be made an integral part of the City Council action authorizing the conditional use permit.
(B) The following are suggested permit conditions:
(1) The use is specifically identified and conforms to conditions listed in the zoning regulations;
(2) The proposed use is not injurious to the present use of the land nor prevents enjoyment of uses already permitted;
(3) The change should not impede normal or orderly development or improvement of surrounding property;
(4) Adequate utilities, access roads, drainage, and other necessary facilities are provided;
(5) Sufficient off-street parking and loading spaces are available;
(6) The conditional use does not create a nuisance (odors, fumes, dust, noise, and the like) in the area;
(7) If the use requires the applicant to obtain a license or permit from any other regulatory or governmental entity, such permit or license has been obtained;
(8) The permit is subject to periodic review and must be renewed as set out in these regulations. Any violation of the conditions results in automatic termination. If not used, conditional use permits are void after one year;
(9) The permit is not transferrable from one applicant to another, so that a change in possession of the property terminates a permit. Caveat: a new permit must be issued to any subsequent applicant who can satisfy the permit conditions; and
(10) A permit or license fee may be charged in an amount which reflects the administrative costs of regulating the conditional use program.
(Prior Code, § 157.192) (Ord. 1049, passed 10-11-1983; Ord. 1123, passed 3-8-1988)