(A) Intent and purpose. Unless carefully controlled and monitored, some uses have the potential to have a deleterious effect on adjacent properties and the city as a whole. They must therefore meet and maintain a higher standard of quality to ensure land use and environmental compatibility. Uses possessing unique and potentially detrimental characteristics may be authorized in certain zoning districts by issuance of a CUP when certain conditions are met.
(B) Exhibits. The following exhibits shall be required for a conditional use permit:
(1) A boundary survey and plot plan showing all site dimensions and legal description of the property as required for building permit applications.
(2) Elevation drawings indicating the design treatment of all proposed buildings and structures, and general floor plans of such buildings.
(3) All types of proposed uses.
(4) An abstracter’s certificate showing the names and addresses of all property owners within 350 feet of the outer boundaries of the property in question.
(C) Procedures. After the filing of an application, the Zoning Officer shall set a date for a public hearing. Notice of the hearing shall be posted and published at least ten days prior to the date of the hearing. Notice of proposed rezoning shall also be mailed to each property owner within 350 feet of the proposed zoning district boundary amendments. Upon hearing the request, the Planning Commission shall recommend approval, denial or conditional approval of the proposed CUP and shall state the reasons for its action. The City Council shall consider the recommendation by the Planning Commission within 30 days and shall approve, deny or modify the request for the CUP.
(D) Standards for granting conditional use permits. A conditional use permit may be granted by the City Council after demonstration by evidence that:
(1) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, 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 purpose already permitted, nor substantially diminish and impair property values within the neighborhood.
(3) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
(4) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided.
(5) Adequate measures have been or will be taken to minimize traffic congestions in the public streets.
(6) The conditional use shall meet the specific requirements set forth in each district, defined in this chapter.
(7) The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
(E) Duration. A conditional use permit shall remain in effect as long as the agreed upon conditions are observed.
(F) Annual review/revocation. The Planning Commission may require the annual review of any conditional use permit to ensure that its conditions are being complied with. Failure to comply with any condition set forth in a conditional use permit shall constitute a violation of this chapter and shall be cause for the revocation of the conditional use permit by the City Council following a public hearing. The property owner shall be notified in advance of the City Council’s review of the permit.
(G) Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, conditional use permits which have been issued under the provisions of this section shall expire without further action by the Planning Commission or the City Council, unless the applicant commences the authorized use within one year of the date the conditional use permit is issued or unless before the expiration of the one year period, the applicant shall apply for an extension thereof by completing and submitting a request for extension. Including the renewal fee as established by City Council resolution. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. Said extension shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
(Ord. 102, passed 7-9-01; Am. Ord. 102-G, passed 7-12-04; Am. Ord. 205, passed 11-9-15)