(a) Authorization For Conditional Uses. The Planning Commission may allow as conditional uses only those uses classified as conditional uses under this Zoning Code.
(b) Hearings on Conditional Use Permit. The Planning Commission shall hold a hearing on an application for conditional use within 45 days after the application has been filed unless otherwise agreed by the applicant. The Planning Commission shall make a reasonable effort to substantially comply with the following standards for notice of such hearing. At least ten days before such hearing, public notice of such hearing shall be provided on the City's website or published at least once in a newspaper of general circulation in the City. The property which is the subject of the proposed conditional use shall be posted with a sign indicating that such application has been filed. Notices shall contain the date, time, and place of the hearing and a brief description of the relief sought. Written notice shall be given at least ten days before the hearing to owners of property within 400 feet of the perimeter of the parcel or parcels of land in the application. The Planning Commission may give such additional notice as may be deemed appropriate. Any party in interest may appear and be heard at the hearing in person, by agent, or by attorney. However, any failure to send, post, or receive any of the notices set forth herein shall not be basis for denying the application for a conditional use, nor shall it be a basis for reversing or voiding a decision of the Planning Commission.
(c) Conditions and Restrictions. In granting a conditional use, the Planning Commission may impose such conditions, safeguards, and restrictions upon the premises benefitted by the conditional use as may be necessary to comply with the standards set forth herein and to reduce or minimize any potentially injurious effect of such conditional uses upon other property in the neighborhood and to carry out the general purpose and intent of this Zoning Code.
(d) Recommendations of the Zoning Administrator. The Zoning Administrator may make recommendations to the Planning Commission as to any conditional use application before it.
(e) Decision and Records. The Planning Commission shall render a written decision on an application for conditional use without unreasonable delay after the close of the hearing, and in all cases within 45 days from the close of the hearing. The decision of the Planning Commission shall contain specific findings of fact and shall clearly set forth any such conditions, safeguards, or restrictions imposed. The Planning Commission shall maintain complete records of all actions of the Planning Commission with respect to applications for conditional uses. Nothing in this Zoning Code shall prevent the Planning Commission from continuing a hearing into successive meetings until all information needed to make an informed decision has been obtained to its satisfaction and the Planning Commission has had sufficient opportunity to review and analyze the information. A conditional use permit may be issued by the Zoning Administrator at any time after 30 days following the date the decision becomes effective. Such permit shall have inserted in it a provision that it cannot be transferred or assigned without the prior consent of Council.
(f) Appeal to the Board of Zoning Appeals. If the Planning Commission denies an applicant's application for conditional use, such applicant may appeal the decision denying their request to the Board of Zoning Appeals under Section 1246.03
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(g) Conditional Uses. No use of a building, structure, or land that is designated as a conditional use shall hereafter be changed to another conditional use until a new conditional use permit has been secured in accordance with these procedures. Any use which is a permitted use when established but changed to a conditional use by amendments to this Zoning Code shall be classified as a conditional use and shall have all the rights and limitations of a conditional use. No expansions of buildings, new buildings, or additional parking areas shall be constructed on any existing conditional use without also submitting a plan for approval that demonstrates reasonable efforts to bring existing parking areas, access ways, buffer/landscaping areas, and buildings into conformity with the criteria and guidelines stated herein. No existing conditional use shall be altered, modified, or enlarged unless a new conditional use permit has been secured in accordance with the procedures set forth herein. A conditional use which is voluntarily discontinued for a period of 180 days or more shall not be reestablished unless a new conditional use permit has been secured in accordance with the provisions of this Zoning Code.
(h) Revocation of Conditional Use Permit. City Council may revoke any conditional use permit that violates any provision of this Zoning Code, any written terms or conditions upon which the conditional use permit was granted, and/or any applicable license, permit, regulation, or law.
(Ord. 17-2021. Passed 6-17-21.)