(A) Permit required. Before a building or premises is devoted to any use classified under conditional uses in this chapter, a conditional use permit must be granted by the City Council following a recommendation by the Planning Commission.
(B) Exhibits. The following exhibits shall be required:
(1) The boundary survey and site plan as required for building permit applications; and
(2) Elevation drawings indicating the design treatment of all proposed buildings and structures, and general floor plans of the buildings.
(C) Procedures. The procedure for obtaining a conditional use permit is as follows.
(1) The property owner or his or her agent shall meet with the Zoning Officer to explain his or her situation, learn the procedures, and obtain an application form.
(2) The applicant shall file the completed application form, together with the required exhibits, with the Zoning Officer and shall pay the required filing fee.
(3) The Zoning Officer shall transmit the application and exhibits to the Planning Commission and shall place the matter on the next Planning Commission agenda.
(4) The Planning Commission shall study the application to determine possible adverse effects of the proposed conditional use and to determine what additional requirements may be necessary to reduce those adverse effects, and shall recommend one of three actions: approval, denial, or conditional approval. The Planning Commission may hold public hearings as it may consider necessary on a proposal for a conditional use permit.
(5) The Planning Commission shall transmit its recommendation to the City Council for its official action.
(6) The City Council shall act on the application after receiving the recommendation of the Planning Commission.
(D) Standards for granting conditional use permits.
(1) A conditional use permit may be granted by the City Council after demonstration by evidence that:
(a) The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort, or general welfare;
(b) 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;
(c) 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;
(d) Adequate utilities, access roads, drainage, and necessary facilities have been or will be provided;
(e) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and
(f) The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
(2) The Planning Commission may recommend, and the City Council may determine, conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary for the protection of the public interest and to secure compliance with the requirements specified in this chapter.
(E) Revocation of conditional use permits.
(1) Where a conditional use permit has been issued pursuant to the provisions of this chapter, the permit shall become null and void without further action by the Planning Commission or the City Council unless work thereon commences within one year of the date of granting that conditional use. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than 12 consecutive months.
(2) Failure to comply with any condition set forth in a conditional use permit shall be a misdemeanor and shall also constitute sufficient 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.
(3) Inspections will be conducted at least annually to determine compliance with the terms of a conditional use permit.
(F) Uses by conditional use permit not non-conforming uses. Uses authorized by conditional permit under this section shall not be deemed a non-conforming use, but shall without further action be considered a conforming use, but only in accordance with the conditions set forth in the conditional use permit.
(1997 Code, § 25.12) (Ord. passed 11-14-1994) Penalty, see § 10.99