(A) Standards. The Planning Commission shall recommend a conditional use permit and the Council may issue conditional use permits if it finds that the use at the proposed location:
(1) The use will not create an excessive burden on existing parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the area.
(2) The use will be sufficiently compatible or separated by distance or screening from adjacent agricultural or residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land.
(3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties.
(4) The use in the opinion of the Council is reasonably related to the overall needs of the city and to the existing land use.
(5) The use is consistent with the purposes of this subchapter and the purposes of the zoning district in which the applicant intends to locate the proposed use.
(6) The use is not in conflict with the Comprehensive Plan or Water Resource Management Plan.
(7) The use will not cause traffic hazard or congestion.
(8) Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare, or general unsightliness.
(B) Conditions. In permitting a new conditional use or the alteration of an existing conditional use, the city may impose, in addition to the requirements set forth above, conditions considered necessary or appropriate to protect the best interests of the surrounding area or the community as a whole. For requests in the floodplain district, see § 154.521.
(C) Procedure. The applicant shall complete a conditional use permit application form and submit it, along with a site plan and filing fee, to the city who shall refer the application to the Planning Commission for review.
(D) Planning Commission hearing and notice. The Planning Commission shall hold a public hearing on the application. Notice of said hearing shall be published in the official newspaper of the city at least 10 days prior to the hearing and the City Clerk shall mail the same notice to the owners of all property located within 350 feet of the land to which the conditional use will apply. The notice shall include a description of the land and the proposed conditional use. Failure of a property owner to receive such notification shall not invalidate the proceedings.
(E) Council action. The report of the Planning Commission shall be placed on the agenda of the next regular Council meeting following referral from the Planning Commission, but not later than 45 days after the applicant has submitted the application. If the Council grants the permit, it may impose conditions it considers necessary to protect the public health, safety and welfare.
(F) Reapplication. No application for a conditional use permit shall be resubmitted for period of 6 months from the date of an order of denial unless the new application and site plan have been modified to eliminate the objections to the requested basis for denial.
(G) Modification to conditional use permit. Any change which involves structural alteration, enlargement, or intensification of use or any similar change not specifically permitted by the issued permit shall require an amended conditional use permit. A request for amendment shall be administered in the same manner and all procedures shall apply as if a new permit were being requested.
(H) Review. All permits shall be reviewed on an annual basis for compliance set forth in this subchapter.
(I) Violation. In the event the applicant violates any of the conditions set forth in the permit, the Council shall have the authority to revoke said permit.
(J) Duration. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section prohibits the city from enacting or amending official controls to change the status of conditional uses.
(K) Recorded. A certified copy of any conditional use permit shall be recorded against the property upon which the use is located. The permit must include the legal description of the property.
(Ord. 2013-05, passed 5-20-2013; Am. Ord. 2020-09, passed 1-4-2021)