(A) Application. Whenever this chapter requires a conditional use permit, an application therefor in writing shall be filed with the enforcing officer.
(B) Contents of application. The application shall be accompanied by a site plan of the proposed use showing information as may be necessary or desirable, including, but not limited to, the following.
(1) Site plan drawn to scale showing parcel and building dimensions.
(2) Location of all buildings and their square footages, in relation to the boundaries of the parcel involved.
(3) The uses existing on all adjoining properties.
(4) Curb cuts, driveways, access roads, parking spaces and off-street loading areas.
(5) Existing topography.
(6) Finished grading and drainage plan.
(7) The type of business or activity and the proposed number of employees.
(8) Proposed floor plan of any building with use or uses indicated.
(9) Existing and proposed sanitary sewer, storm sewer and water plan with estimated use per day.
(10) Soil type and soil limitations for the intended use. If severe soil limitations for the intended use are noted, a plan or statement indicating the soil conservation practice or practices to be used to overcome the limitation shall be made a part of the permit application.
(11) A location map showing the general location of the proposed use within the city.
(12) The conditions giving rise to the need for a conditional use permit, together with the reasons supporting the issuance thereof.
(C) Referral to Commission. The application and required information shall be referred to the Planning Commission for study concerning the effect of the proposed use on the comprehensive plan and on the character and development of the neighborhood.
(D) Public hearing.
(1) A public hearing shall be set before the Planning Commission not less than ten days before notice of the hearing is published in the city’s official newspaper.
(2) Notice of the hearing shall also be mailed to all property owners within 350 feet of the property on which the conditional use is proposed. Defects in the notice or failure to notify individual property owners shall not validate the proceedings, provided a good faith effort was made to comply with these provisions.
(E) Recommendation of the Planning Commission. The Planning Commission shall forward its findings/recommendations on the conditional use permit to the City Council after the public hearing has been held.
(F) City Council action.
(1) The City Council shall consider the advice and recommendation of the Planning Commission and the effects of the proposed use upon the health, safety, and welfare of the city and of the occupants of the immediate neighborhood.
(2) Should the City Council find that the proposed use when conducted under the specified conditions will not be detrimental to the health, safety, or general welfare of the community, it may grant a conditional use permit, specifying the location and the use requested, together with conditions attached thereto as are deemed appropriate.
(G) Periodic review. The City Council may require a periodic review of the permit and the conditions attached thereto to be made by the enforcing officer. The City may charge a fee for periodic review as set forth in the current City Fee Schedule.
(H) Revocation. A violation of any condition set forth in a conditional use permit shall constitute a violation of this code, and constitute grounds for the immediate termination of the permit.
(I) Purpose for which issued.
(1) A conditional use permit shall be issued for a particular use of a structure and/or parcel, and shall not be deemed issued to a particular person or firm.
(2) However, where a conditional use permit is issued based in part or wholly upon the unique skills or abilities of the applicant, the City Council may require as a condition of the permit that any transfer of the use or conveyance of the property upon or in which the use is carried on may be subject to reasonable, predescribed conditions.
(J) Conditional use permit voided. A conditional use permit issued hereunder shall become void one year after the date upon which it was granted, unless the permit is fully implemented and the conditions attached thereto fully met; provided, that the Council may expressly extend the period of time within which a conditional use permit may be implemented and the conditions met at the time of issuance of the original conditional use permit, if requested to do so and the grounds for the request justify an extension.
(Prior Code, § 601.29) (Am. Ord. 2005-02, passed 6-27-2005; Am. Ord. 2008-2, passed - -)