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(1) In order to give flexibility to the district use regulations of this chapter, which is necessary to achieve the objectives of the Comprehensive Plan, conditional uses are permitted in certain districts subject to the granting of a use permit.
(a) Because of their unusual characteristics, conditional uses require special consideration so they may be located properly with respect to the objectives of the Comprehensive Plan and with respect to their effects on surrounding properties. In order to achieve these purposes, the City Council is empowered to grant and to deny applications for conditional use permits and to impose reasonable conditions upon the granting of these permits.
(b) Uses authorized by conditional permit under this section shall be considered a conforming use, but only in accordance with the conditions set forth in the conditional use permit.
(2) A conditional use permit may be granted by the City Council after demonstration by evidence that:
(a) The proposed location of the conditional use is in accord with the objectives of the Comprehensive Plan, and the purposes of the district in which the site is located;
(b) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort or general welfare;
(c) 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 surrounding area;
(d) 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;
(e) Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided;
(f) Adequate measures have been or will be taken to provide ingress or egress so designated as to minimize traffic congestion in the public streets; and
(g) The conditional use shall, in all other respects, conform to the applicable regulations of the specific district in which it is located, and of this chapter in general.
(3) The Planning Commission may recommend, and the City Council may stipulate the 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.
(B) Exhibits. The following exhibits shall be required:
(1) Map or plat as listed on the application form;
(2) Plans and drawings as listed on the application form; and
(3) Other documents as required by the Zoning Administrator.
(C) Public hearings. The Planning Commission and the City Council shall each hold at least one public hearing on all applications for conditional use permits.
(1) Notice of the public hearing shall be given not less than ten days nor more than 30 days prior to the date of the hearing by publication in the designated legal newspaper of the city. The notice shall contain the date, time and place of the hearing and a description of the land and the proposed conditional use. At least ten days before the hearing, the City Clerk shall mail an identical notice to the owner and to each of the property owners within 350 feet of the property for which the conditional use permit is sought. Failure of the City Clerk to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings.
(2) Action by City Council: The City Council must approve or deny the application within 60 days after receipt of all information requested by the city. The time limitation and extension of time are the same as set forth in § 153.027(C)(2).
(D) Denial. The City Council may deny an application for a conditional use permit upon a written finding of legally sufficient reasons with a factual basis. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of changes of conditions found to be valid by the City Council.
(E) Lapse of conditional use permit. A conditional use permit shall lapse and become null and void one year following the date on which the conditional use permit became effective, unless prior to the expiration of one year a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion on the subject site, or a certificate of occupancy is issued by the Building Official for the subject site or structure. A conditional use permit may be extended once for a period of six months by the City Council. For any commercial use, failure to maintain the property may result in revocation of any extension.
(F) Revocation. A violation of any condition set forth in a conditional use permit shall be a violation of this chapter and shall terminate the conditional use permit.
(G) Filing. A certified copy of any conditional use permit shall be filed with the County Recorder or Registrar of Titles.
(Ord. 04-14, passed - -; Ord. 06-11, passed - -; Ord. 12-30, passed - -; Ord. passed 10-11-1963)