A conditional use permit shall be obtained for certain uses which may be harmonious under special conditions and in specific locations within a zone, but may not be allowed under the general conditions of the zone as stated in this code.
1. Applications. All conditional-use permit applications shall be submitted to the Code Official as provided in this code. All applications shall be accompanied by maps, drawings, statements, or other documents as required by the Council or staff. Appropriate fees shall be collected at the time of submittal as determined by the Council.
2. Public Hearing. Prior to any action on a conditional use permit, a public hearing shall be held by the Board of Adjustment.
3. Determination. Upon consideration of an application for a conditional use permit, the Commission shall itemize, describe and justify, then record and file in writing, to the Board of Adjustment, any recommended conditions to be imposed on the use, along with its general recommendation to approve, amend, or deny the application. After consideration and upon recommendation of the Commission, the Board of Adjustment shall have the authority to impose conditions and safeguards as deemed necessary to protect and enhance the health, safety, and welfare of the surrounding area. The authorization of a conditional use permit shall not be made unless evidence is presented to establish that:
A. Such use will not, under specific circumstances of a particular case, be detrimental to the health, safety, or general welfare of the surrounding area and that the proposed use is necessary or desirable and provides a service or facility that contributes to the general well-being of the surrounding area; and
B. Such use will comply with the regulations and conditions specified in this code for such use.
4. Expiration and Revocation. Any granted conditional use permit shall become null and void within one year of the date of approval if not exercised. A conditional use permit shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished. If such permit is abandoned or discontinued for a period of one year, it may not be reestablished unless authorized by the Board of Adjustment in accordance with this section. A conditional use permit may be revoked if the applicant fails to comply with the imposed conditions.
5. Adjustments. An adjustment to an approved conditional use permit shall be submitted to the Code Official accompanied by supporting information. The Board of Adjustment, upon receiving Commission recommendation, may grant, deny, or amend such adjustment.