Creston City Zoning Code

   Conditional Use Permits may be issued for any and only the uses or purposes for which such permits are required or permitted by provisions of the Zoning Code.

   1.   Application. An application for the Conditional Use Permit shall be filed with the Zoning Administrator indicating the section of the Zoning Code under which the Conditional Use Permit is sought and stating the ground on which it is requested. The application shall be accompanied by such plans and elevations and site plans as prescribed by the Commission and presented by the Zoning Administrator to the Commission. A copy of all applications for a Conditional Use Permit under the provisions of the Floodway and/or Flood Fringe portions of the Flood Plain District shall be forwarded to the Department of Natural Resources ten (10) days prior to a public hearing.

   2.   Notification and Public Hearing. Upon receipt in proper form of the application and other requested material, the Commission shall hold at least one (1) public hearing in a location to be prescribed by the Commission at least fifteen (15) days in advance of each hearing, a notice of the hearing shall be published in the official newspaper of the City and like notification at least fifteen (15) days prior to the hearing to the owner or owners of property within three hundred (300) feet of the subject property. Notices of such hearings shall be posted at the City Hall at least fifteen (15) days prior to the public hearing. The County Assessor’s current tax records shall be deemed sufficient for the location or certification of ownership of said adjacent properties.

   3.   Findings. No conditional use shall be recommended by the Commission unless the Commission shall find:

      A.   That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, or substantially diminish and impair property values within the immediate vicinity.

      B.   That the establishment of a conditional use will not impede the normal and orderly development and improvement of surrounding vacant property values within the immediate vicinity.

      C.   That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.

      D.   The adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.

      E.   That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

   4.   Fees. To defray administrative costs for processing requests for Conditional Use Permits, a fee shall be paid by the applicant. Such fee shall be established by the City Council.

   5.   Conditions and Safeguards. The Planning Commission shall prescribe appropriate Conditions and Safeguards in conformity with the Zoning Code. The Commission shall prescribe a time limit within which the action for which the conditional use is required shall commence, or be completed or both. Failure to commence, or complete, or both, such action within the time limit set shall void the Conditional Use Permit.

   6.   Violations. Violations of such Conditions and Safeguards, when made part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of the Zoning Code and punishable under Section 165.09 of the Zoning Code.