Conditionally permitted uses shall require approval of Council after review by Planning Commission and shall be subject to requirements and standards specified in this chapter. In order to preserve the character of the neighborhood and to otherwise promote and effectuate the purposes of this Zoning Ordinance, additional restrictions may be deemed necessary and may be imposed by Council incident to the approval of an application.
(a) Planning Commission review procedures. The Planning Commission shall consider all applications for conditional use permits and shall make recommendations thereon to Council.
(1) Permit application. An application for a conditional use permit shall be made by the property owner or agent thereof, to the City Engineer on a form provided for the purposes, and shall be accompanied by all required fees and 20 copies of the following:
A. A site plan and other drawings to scale, showing existing and proposed use of the site, all pertinent natural and man-made features, and adjacent residential character and buildings;
B. A list of names and mailing addresses of all owners of property within 300 feet of any part of the property in question;
C. A statement of need for the proposed use, its location and magnitude;
D. A summary report identifying and evaluating the consequences and effects of the proposed use on the surrounding properties and the neighborhood at large;
E. A statement indicating how the negative effects of the proposed use will be mitigated; and
F. A landscape plan in conformance with the requirements of the Landscape Ordinance.
(Ord. 98-104, passed 9-14-1998)
(2) Consideration by Planning Commission. The Planning Commission shall consider the application at a regular meeting scheduled within 45 days after the submission of a complete application of material for a conditional use permit. After due consideration of all applicable factors, the Commission shall make a written recommendation to Council on each of the following:
(Ord. 99-132, passed 10-11-1999)
A. The location of the conditional use and its suitability for the district for which it is proposed; and
B. A finding on whether the proposed use will have a negative effect on or will conflict with surrounding areas. To this end, the Planning Commission may recommend additional requirements and conditions with regard to construction, maintenance and operation as it deems necessary to protect adjacent uses and public interest.
(3) Disapproval by Planning Commission. If the Planning Commission does not recommend the application for a conditional use, it shall enter in its minutes the reason for the same. The applicant may thereafter make changes and resubmit the application to the Commission for reconsideration. The revised application shall be processed within the time and in the manner provided in this section.
(b) Council review procedures.
(1) Council approval. After consideration by the Planning Commission, Council shall conduct a public hearing for a conditional use permit. Notification of the public hearing shall be by the following means:
A. A notice of the hearing shall be mailed by registered mail to all property owners within 300 feet of any part of the property in question. The notice shall specify the date, place and time of hearing, and shall contain a statement as to the nature and location of the proposed use;
B. The notification shall be mailed no less than ten days before the hearing. The notification of the hearing shall also be made by means of publication in a newspaper of general circulation in the city, adequately describing the nature of the proposed conditional use, once a week for two consecutive weeks on the same day of the week, the first of the publications to take place not less than 30 days prior to the public hearing; and
C. Following the public hearing, during its next regular business meeting, Council shall approve or disapprove the application for a conditional use permit.
(2) Conditional use permit issued. Following Council’s approval, and upon payment of a conditional use permit fee, a conditional use permit shall be issued to the applicant by the Zoning Administrator.
(c) Period of validity of conditional use permit. In any case where an approved conditional use permit has not been used within one year of the date on which it was granted, that permit shall expire unless an extension of the above time period has been authorized by the Planning Commission.
(d) Expansion and/or conversion. Approved conditional uses shall be considered conforming uses. The uses may be expanded or rebuilt or redesigned without a public hearing provided that no additional property is acquired to accommodate the expansion and that the expansion conforms to other pertinent provisions of this chapter and the terms of the permit, and providing further that any subsequent expansion of the conditionally permitted use involving the enlargement of building structures, surface improvements, parking area and/or land area devoted to the conditional use, and the conversion of an approved conditional use to a different permitted conditional use, shall require approval of a separate conditional use permit application pursuant to the procedures set forth in this section.
(Ord. 98-104, passed 9-14-1998)