(A) Authorization. For the purposes of these regulations, the “special use” authorized by statute shall be called the “conditional use”. The location, construction, extension or structural alteration of any use for which a conditional use permit is required pursuant to provisions of these regulations may be authorized by a permit issued by the City Council and following a public hearing by the Planning and Zoning Board and subject to standards as may be set forth in these regulations and subsequent amendments.
(B) Application requirements. An application for a conditional use permit shall be filed with the Building and Zoning Administrator and shall be accompanied by the following:
(1) A plan or drawing which accurately and completely depicts the proposed use necessitating a conditional use;
(2) Any additional information as requested by the city relevant to the particular use.
(3) Payment of conditional use application fee as specified in “Appendix A – Scheduled Zoning Fees and Charges”. Payment shall be required at the time of application.
(C) Hearing and notice. The Planning and Zoning Board shall select a reasonable time and place for the hearing and shall give public notice of the hearing in accordance with § 153.080.
(D) Conditions. The Planning and Zoning Board may recommend and the City Council may impose conditions or restrictions upon the location, construction, design and operation of a conditional use, including but not limited to provisions for off-street parking spaces, and the duration of the permit, as they shall respectfully find necessary or appropriate to insure that:
(1) The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, 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 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/or other necessary facilities will be provided.
(5) Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(6) The conditional use shall in all other respects conform to the applicable regulations of the district in which it is located.
(E) Action by City Council. After receiving the report of the Planning and Zoning Board, the City Council shall review the report and may accept the findings and recommendations of the Planning and Zoning Board in whole or in part, or may reject them in whole or in part, or may refer the matter back to the Planning and Zoning Board for further study. However, in event the Planning and Zoning Board recommends against the issuance of a conditional use permit, then it may be issued only upon the favorable vote of 2/3 of all Aldermen then holding office.
(Am. Ord. 2014-36, passed 9-8-2014)