The following procedure is established to properly integrate a conditional use with other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure:
(A) Application. An application shall be made by the property owner and filed with the zoning official, upon forms prescribed for that purpose, accompanied with the appropriate fee established by the City Council to defray processing costs. The application shall be accompanied by a graphic representation showing the location and proposed use of the site, along with such other descriptive material necessary for decision-making. Such may include, but is not limited to: preliminary site plans showing proposed uses and structures; proposed ingress and egress to the site, including adjacent streets; proposed off-street parking and landscaping; lighting and signage; a preliminary plan for provision of sanitation and drainage facilities; and proximity of adjacent uses and buildings.
(1) Each application shall be verified by at least one of the owners of the property proposed to be changed, attesting to the truth and correctness of all facts and information presented with the application.
(2) The filing deadline for inclusion on the Planning Commission agenda shall be the 1st Tuesday of the month prior to the Planning Commission meeting, which is held on the 4th Tuesday of the month.
(B) (1) Notice. Upon determining that an application is proper and complete, the zoning official shall insure that the matter is set for public hearing before the Planning Commission. The zoning official shall be responsible for insuring that, pursuant to law, at least 15 days' notice of the time, place, and subject of such hearing is published in a newspaper of general circulation in the city.
(2) The applicant shall present evidence to the zoning official, at least ten days prior to the required public hearing, that all property owners within 200 feet of the boundaries of the subject property have been notified of the proposed use, and of the time, date, and place of the hearing. Such evidence shall consist of postmarked, certified receipts and/or return receipts.
(C) (1) Planning Commission review and action. The Planning Commission shall review conditional use permit applications at its regularly scheduled monthly meeting, at which time interested persons may appear at the required public hearing and offer information in support of or against the proposed conditional use. Following the public hearing, the Commission may recommend that the City Council approve the application as presented, recommend that the City Council approve the application with conditions, table the application with cause for not to exceed one month, or deny the application. A recommendation for approval or approval with conditions shall require an affirmative vote of a majority of the authorized membership of the Planning Commission. Following a recommendation to approve the application or approve the application with conditions, the Planning Commission shall forward the application and recommendation to the City Council and the City Council shall have the final authority to accept the recommendation, to accept the recommendation with additional conditions, table the application with cause for not to exceed one month, or to deny the application.
(2) In approving such conditional uses, the Planning Commission and City Council shall impose such conditions and restrictions upon the premises as it deems necessary to reduce or minimize the adverse effects of the use. Compatibility with surrounding property shall be insured to the maximum extent practicable. If the Planning Commission or City Council denies a conditional use application, the reasons for such action shall be given to the applicant within 15 days from the date of the decision. If denied by the City Council, no application for such use or similar use shall be permitted involving part of the same property for a period of six months.
(D) A petitioner aggrieved by an action to approve or deny an application by the Planning Commission shall file an appeal to the City Council with the City Clerk. The appeal most filed with the City Clerk within ten business days after the decision has been rendered by the Planning Commission. The appeal shall consist of a letter from the aggrieved party which sets forth the reasons for the appeal, any other necessary information, as well as the payment of any required fee. The City Council shall fix a reasonable time for the hearing of the appeal.
(E) In no case, shall the Planning Commission or City Council authorize reduction from minimum requirements of these regulations relating to height, area, setbacks, parking, or landscaping. In addition, no conditional use authorized by the Planning Commission or City Council shall be subsequently considered in connection with a variance request to the Board of Zoning Adjustment.
(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2019-09-861, passed 9-3-19; Am. Ord. 2021-1-908, passed 1-5-21; Am. Ord. 2023-06-1054, passed 6--23)