(A) Permits generally. The City Council may authorize by conditional use permit the uses designated in this chapter when located in a zoning district allowing such uses. The City Council shall impose such conditions as are appropriate and necessary to ensure compliance with the Comprehensive Plan and protect the health, safety and general welfare in the issuance of such conditional use permit. Unless expressly modified by the Board of Adjustment and Appeals, all regulations of the zoning district in which the use is located shall apply.
(B) Application. An application shall be filed with the City Planning and Zoning Commission. The owner may be required to submit plans, drawn to scale, indicating the locations and dimensions of all existing and proposed buildings or additions, parking, landscaping, building setbacks, screenings and the use conducted therein, or the use of any land.
(C) Notification. Notification of surrounding property owners, tenants and interested parties shall be accomplished by posting one sign on the property, placed in a visible location from the closest public road, not less than seven days before the public hearing before the City Planning and Zoning Commission, noting the fact that a conditional use permit is pending and by mailing notices of public hearing to neighboring property owners not less than seven days before the public hearing before the City Planning and Zoning Commission.
(D) Public hearing. Upon application and review, the City Planning and Zoning Commission shall hold a public hearing thereon after having given a seven-day notification in a daily newspaper of general circulation.
(E) City Planning and Zoning Commission recommendation. For each application for a conditional use, the City Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the stipulation that additional conditions regarding the location, character or other features of the proposed use or building may be imposed when they are deemed necessary for protection of public interest.
(F) Criteria for review. In reviewing applications for conditional use permits, due consideration shall be given to the following:
(1) The location, character and natural features of the property;
(2) The location, character and design of the adjacent buildings;
(3) Proposed fencing, screening and landscaping;
(4) Proposed vegetation, topography and natural drainage;
(5) Proposed pedestrian and vehicular access, circulation and parking, including that related to bicycles and other unpowered vehicles, and provisions for handicapped persons;
(6) Existing traffic and traffic to be generated by the proposed use;
(7) Proposed signs and lighting;
(8) The availability of public utilities and services;
(9) The objectives of the adopted Comprehensive Plan and the purpose of the ordinance codified herein;
(10) The overall density, yard, height and other requirements of the zone in which it is located;
(11) The effects of noise, odor, smoke, dust and air and water pollution, and the degree of control through the use of clarifiers, screening, setbacks and orientation; and
(12) The degree to which conditions imposed will mitigate any probable adverse impacts of the proposed use on existing adjacent uses.
(G) Expiration of conditional use permit.
(1) A conditional use permit shall automatically expire if the use permitted has not been started within 12 months or if the use permitted ceases for a period of 12 months. However, a conditional use permit for a phased-in project may allow for an additional period of time for commencement of the permitted use not to exceed 36 months total, to be set by the city and specifically stated in the conditional use permit.
(2) A conditional use permit may be approved for mixed business/residential use in a commercial district that may be transferable upon sale; provided, however, any such transfer is contingent upon written agreement by the purchaser to adhere to the terms of the conditional use permit. No modification to the conditional use permit will be allowed by the purchaser without following the procedures set forth for obtaining a conditional use permit.
(H) Preexisting uses. An existing use eligible for a conditional use permit which was lawfully established on the effective date of this chapter shall be deemed to have received a conditional use permit and shall be provided with such permit upon request, and it shall not be a nonconforming use; provided, however, for any enlargement, extension or relocation of such existing use, an application in conformance with this chapter shall be required.
(I) Compliance. Any conditional use permit granted under the provisions of this chapter shall be established and conducted in conformity with the terms of such permit and of any conditions attached thereto. Failure to comply with said terms or conditions constitutes cause for the City Council to pursue legal remedies and/or revoke the conditional use permit.
(Prior Code, § Q-2-121) (Ord. 847, passed - -; Ord. 962, passed - -) Penalty, see § 159.999