(A) Duplicate submissions. An application for a conditional use permit shall be submitted in duplicate to the Zoning Administrator. A non-refundable application fee, as established from time to time by the City Council to cover administrative costs and costs of hearing, shall accompany each application.
(B) Purpose. The purpose of a conditional use permit is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety.
(C) Standards for granting conditional use permit. In making this determination, whether or not the conditional use is to be allowed, the city shall consider the following.
(1) General. If the establishment or operation of the proposed conditional use will be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(2) Compatibility with surrounding area. The architectural appearance and functional plan of the building and site shall reflect the building character of the area and shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. The proposed development shall be compatible with existing and planned use of the area and conflicts should not be created between the proposed use and existing and intended future uses of the surrounding area.
(3) Traffic control. The traffic generated by a use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards or excessive traffic through residential areas. The traffic generated shall not raise traffic volumes beyond the capacity of the surrounding streets. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements and shall be subject to the approval of the City Engineer. Vehicular drive up ingress lanes shall be large enough to accommodate peak auto use on the same lot without requiring the stopping or waiting of vehicles on public right-of-way. Ingress lanes shall be from the least heavily traveled street wherever possible.
(4) Availability and adequacy of public services. Public services, including, but not limited to, sewer, water, gas, police and fire protection, should be available at an adequate level and capable of servicing the proposed land use. In addition, adequate access, drainage and any other necessary support facilities shall be provided. The Planning Commission and City Council may impose any necessary conditions or restrictions upon the proposed land use to insure that an overloading of city systems does not occur and that inordinate demand on public services does not jeopardize or limit existing and projected public service demands.
(5) Other factors. All such other or further factors as the city shall deem a requisite or consideration in determining the effect of such use on the general welfare, public health and safety.
(D) Special circumstances. The Planning Commission may impose conditions upon the conditional use, if, in its opinion, specific circumstances of a request justify those additional controls to protect the health, safety and welfare of the neighborhood and general public.
(E) Reconsideration. Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for a conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional six months from the date of the second denial unless a decision to reconsider such matter is made by not less than five-sevenths vote of the City Council.
(F) Lapse of conditional use permit by non-use. Whenever, within one year after granting a conditional use permit, the work has not been substantially complete, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extensions shall be requested in writing and filed with the City Clerk-Treasurer at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the conditional use permit. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
(G) Procedure.
(1) A public hearing shall be set, advertised and conducted by the Planning Commission in accordance with § 157.101 of this chapter.
(2) Within 30 days following the close of the public hearing, the Planning Commission shall submit its recommendation to the City Council for its official action.
(3) The City Council shall act on the application within 45 days after receiving the recommendations of the Planning Commission.
(H) Performance bond.
(1) Except in the case of non-income producing residential property, upon approval of a conditional use permit, the city shall be provided with a surety bond, cash escrow, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. Said security shall guarantee conformance and compliance with the conditions of the conditional use permit and the codes of the city.
(2) The security shall be in the amount of the City Engineer’s or City Building Inspector’s estimated costs of labor and materials for the proposed improvements or development. Said project can be handled in stages upon the discretion of the City Engineer and Building Inspector.
(3) The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and codes of the city has been issued by the City Building Inspector.
(4) Failure to comply with the conditions of the conditional use permit and/or the codes of the city shall result in forfeiture of the security.
(I) Certified copy. A certified copy of the conditional use permit shall be filed with the County Recorder.
(Ord. 827, passed 4-19-1983)