Any landowner or his designated agent may file an application to use land for a conditional use provided for in section 12-8-3, table 2 of this title in the zoning district in which the land is located. Any application shall be subject to the following requirements:
A. Filing Application; Documents; Fee: An application for a conditional use shall be filed with the Administrative Officer on a form provided by the Development Services Department. The application shall be accompanied by such plans and data deemed by the City to be necessary to adequately describe the proposed conditional use, a fee as provided for by City Council resolution and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in the following subsections.
B. Public Hearing; Notice: Upon receipt in proper form of the application, fee and statement, the board shall hold at least one (1) public hearing on the proposed conditional use. Notice of the hearing shall be published in an official newspaper of the City at least seven (7) days but no more than twenty (20) days prior to hearing. Written notice of the hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty feet (350') of the subject property. Supplemental or additional notices may be published or distributed as the board may prescribe. At least one (1) public notice sign will be posted on the subject property.
C. Finding And Determination: For each application for conditional use, the board shall determine its findings and render a decision upon the issuance of a conditional use permit, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. Whenever an application is denied, it cannot be resubmitted for one (1) year thereafter.
D. Standards: No conditional use shall be recommended by the board unless the board shall find:
1. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, convenience, comfort or general welfare;
2. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood;
3. The establishment of the use will not impede the normal orderly development and improvement of the surrounding property for uses permitted in the zoning district;
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
5. Measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
E. Conditions And Restrictions: Prior to granting any conditional use, the board shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as are deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this section. In all cases in which conditional uses are granted, the board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)