(A) Prior to the approval of a conditional use permit, the authorized official shall meet with the applicant to review the application. After review of the application, the authorized official shall make a recommendation to the Planning Commission to either approve or not approve said application. The authorized official’s recommendation shall include a summary of the application, and the reasons and justification for either approval or disapproval of the application.
(B) The authorized official shall set the date, time and place for a public hearing to be held by the Planning Commission. The authorized official shall notify the landowner by mail, and shall post notices of the public hearing at the city office and on the property affected by the proposed conditional use permit no less than seven days prior to the scheduled public hearing. No less than ten days before the public hearing, the authorized official shall publish notice of the public hearing in a newspaper of general circulation in the area affected by the proposed conditional use permit.
(C) The following procedure shall be followed by the Planning Commission in considering the recommendation of the authorized official.
(1) The public hearing shall be held. Any person may appear in person, or by agent or attorney. Minutes of the public hearing shall be recorded and kept in the records of the Planning Commission.
(2) Before any conditional use permit shall be granted, the Planning Commission shall make written findings certifying compliance with the specific rules governing individual conditional uses and that satisfactory provision and arrangement has been made concerning the following, where applicable:
(a) Ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe;
(b) That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use if such measures are applicable;
(c) Refuse and service areas, with particular reference to divisions (C)(2)(a) and (C)(2)(b) above;
(d) That adequate utilities (with reference to locations, availability and compatibility), access roads, drainage and other facilities have been or are being provided;
(e) Screening and buffering with reference to type, dimensions and character;
(f) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with other properties in the district;
(g) Required yards and other open space;
(h) General compatibility with adjoining properties and other property in the zoning district in which the conditional use is to be located such that the effects of the proposed use will not be detrimental to the health, safety and welfare of the city nor will the use be injurious to the enjoyment or use of other property in the immediate vicinity for the purposes already permitted;
(i) Establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area; and
(j) Conformity with the goals and objectives of the most recently adopted comprehensive plan.
(D) The Planning Commission shall decide whether to grant the conditional use with such conditions and safeguards as are appropriate or to deny a conditional use when not in harmony with the purpose and intent of these regulations. The decision of the Planning Commission shall be final unless an appeal is filed in accordance with § 150.41.
(Ord. 2010-248-5, passed 5-24-2010)