1. The intent of the conditional use permit is to provide for specific uses, other than those specifically permitted in each zone, which may be appropriate in the zone under certain safeguards or conditions.
2. No structure or land may be used for any purpose in any zone where such use is not a permitted use, unless such use is listed as a conditional use and approval for that use is obtained through the proper procedure as set forth in this chapter.

(Ord. 13-2007B, Add, 09/25/2007)

1. All applicants for conditional use permits or modifications to an existing conditional use permit, including all required supportive information, shall be filed with the Planning Department at least thirty (30) days prior to the date of the Planning Commission meeting at which the application is to be considered.
2. Upon receipt of the conditional use permit application, the Planning Department shall give notice of the public hearing to be held before the Planning Commission in the manner specified in Chapter 15.04. The notice shall include:
   1. The time, date, and place for the public hearing;
   2. The name and address of the applicant;
   3. The name and address of the owner of record of the property;
   4. The legal description of the property affected;
   5. The street address or general location of the subject property; and
   6. A description of the requested conditional use.

(Ord. 13-2007B, Add, 09/25/2007)

1. The Planning Department shall investigate the facts relevant to the application and provide necessary information to the Planning Commission.
2. The Planning Commission shall review the application and accompanying information.

(Ord. 13-2007B, Add, 09/25/2007)

The Planning Commission shall hold a public hearing on the conditional use permit application on the scheduled date. The meeting may be continued from time to time by the Planning Commission in order to obtain a full and complete record as it deems appropriate.

(Ord. 13-2007B, Add, 09/25/2007)

1. In a public meeting following the public hearing, the Planning Commission may grant, modify or deny the conditional use permit.
2. A conditional use or modification shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with the standards set forth in this chapter.
   1. If the reasonable anticipated detrimental effects of a proposed conditional use or modification cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use permit or modification may be denied.
   2. "Detrimental effects" may include, but are not limited to, factors which are or may be:
      1. be adverse to or jeopardize the public health, safety or general welfare;
      2. be adverse to or jeopardize the health, safety, or general welfare of persons residing or working in the vicinity; or
      3. injurious to property or improvements in the vicinity.
3. The Planning Commission shall, in addition to the requirements of Subsection B and in order to approve a conditional use or modification of a conditional use, find that:
   1. The proposed use meets all submittal requirements as outlined in this chapter;
   2. The proposed use will comply with the regulations and standards specified in this chapter;
   3. Due notice of the proposed use has been duly given and a public hearing held with sufficient opportunity being given to the public to be heard upon the matter.
4. The decision of the Planning Commission shall be in writing and shall include:
   1. Findings of the Planning Commission;
   2. Any conclusions of law;
   3. The conditions imposed by the Planning Commission
   4. The decision to approve, deny, or modify a conditional use permit.
5. A copy of the decision shall be mailed to the applicant.
6. In granting or modifying a conditional use permit, the Planning Commission may impose such conditions as it deems reasonable, necessary, and desirable to protect the public health, safety and general welfare.
7. If a conditional use permit application or application of a modification of a conditional use permit is approved by the Planning Commission a conditional use permit or permit modifying a conditional use permit shall:
   1. Be in writing and verified, signed and issued by the Enforcement Officer;
   2. Contain each and any specific condition imposed by the Planning Commission; and
   3. Become effective upon the date of issuance.
8. The applicant, upon receiving the conditional use permit or permit modifying a conditional use, may then apply for a building permit.

(Ord. 13-2007B, Add, 09/25/2007)

Notwithstanding the provisions of this article:

1. Modifications requested by the holder of an approved conditional use permit may be granted if it can be reasonably determined that such changes or modifications:
   1. Are necessary to accommodate special circumstances related to the location, siting or implementations of the approved site plan and conditions; and
   2. Such modifications are so insignificant and minor so as to not measurably or unreasonably change the approved site plan or intent of the conditions imposed by the conditional use permit.
2. The application shall specify any request that the approved conditional use permit be modified by:
   1. Adding to the number or enlarging the structure;
   2. Enlarging the area of use; or
   3. Changing the use to a different permitted use in the underlying zoning district.
3. The modification may be approved it:
   1. Will not significantly alter the intent of the approved conditions and the character of the neighborhood; and
   2. Otherwise meets the standards of this chapter.
4. Upon review and approval by the Enforcement Officer such modifications may be authorized by the Planning Department in writing signed by the Director.
5. Each modification shall be fully documented, recorded, and copies of the same retained in the appropriate files of the Planning Department.
   1. Documentation shall be in the form of:
      1. a revised site plan verified and signed by the Enforcement Officer; and
      2. the issuance of a revised conditional use permit.

(Ord. 13-2007B, Add, 09/25/2007)

Any approved conditional use permit shall be conditioned upon the following requirements:

1. Within six (6) months after a conditional use permit application has been approved:
   1. The applicant shall submit a verified and approved final site plan to the Enforcement Officer; and
   2. The conditional use permit has been issued and given to the applicant.
2. Within eighteen (18) months after approval of the final site plan and issuance of the conditional use permits, the applicant shall have reasonably and significantly utilized the permit in accordance with the information set forth in the conditional use permit.
   1. The eighteen (18) month completion time period shall not apply to those projects whose conditions include a specific, phased schedule of construction extending beyond the eighteen (18) month time period.
3. Failure to utilize the conditional use permit privileges within time periods specified in Subsections A and B will automatically void those privileges.
4. The property which is the subject of the approved conditional use permit shall not be used for any purpose other than that authorized by the permit unless modified as provided under this article.

(Ord. 13-2007B, Add, 09/25/2007)

1. Every application for a conditional use permit is evaluated in terms of its compliance with the criteria set forth in Section 15.20.420 and this section.
   1. The Enforcement Officer shall not accept any conditional use permit application unless the site plan information in B1 is supplied;
   2. Until such data is submitted the application is incomplete and cannot be accepted or processed;
   3. The applicant is responsible for the accuracy and completeness of information (drawing, sketches, diagrams, or other materials) submitted;
   4. All data (plans, maps, or other details) must be neat and legible;
   5. All information, data, and materials must be submitted to the Planning Department at least thirty (30) days prior to the scheduled public hearing to be held by the Planning Commission.
2. The required information, data and materials shall include, but is not limited to, the following:
   1. Site Plan. All site plans (five copies are required) must be drawn at a minimum scale of one (1) inch equals twenty (20) feet on a uniform size sheet(s) and maximum scale of twenty-four (24) inches by thirty-six (36) inches, and shall show, if applicable:
      1. a title block showing the name and address of applicant(s) and the name and address of the proposed project and site and date of preparation;
      2. scale and North arrow;
      3. property lines with dimensions;
      4. setback lines (specify front, side and rear yard areas) with dimensions;
      5. existing and proposed easements, streets, utilities, and other such details indicating at least the name, width, location, and purpose of each;
      6. topographic features (where applicable) of the site which show physical features including, but not limited to embankments, water courses (streams, creeks, or other), drainage channels, areas of seasonal water ponding, flood plains, marsh areas, rock outcrops, wooded areas, and ground water level;
      7. location of buildings, existing or proposed (including number of proposed dwelling units or commercial and industrial units to be built);
      8. loading areas (dimensions and locations);
      9. proposed off-street parking facilities including driveways (vehicular access ways) showing surfacing material, stall size, and aisle widths;
      10. storage areas, garbage enclosures, etc.;
      11. phases of development, if to be carried out in stages;
      12. accurate contour lines showing contours at reasonable intervals on land with slopes greater than five percent or with unusual topographic features;
      13. surfaced areas, including walkways;
      14. drainage facilities (manholes, culverts, and other features);
      15. signs, depicting and describing, showing:
          1. elevation of signs;
          2. scaled drawings indicating dimensions of type of signs proposed;
      16. fences, walls, buffering techniques, etc. showing:
          1. location on site plan;
          2. sample sketch indicating and describing appropriate dimensions (height, width, etc.) and materials to be used; and
      17. percent of building coverage of the site.
   2. Building Elevations.
      1. elevations of all exterior walls of all structures (including accessory structures);
      2. height of structures;
      3. use of materials;
      4. facade and roof element (design);
      5. screening of roof-based mechanical equipment;
      6. scaled dimensions of all existing and proposed buildings.
   3. Landscaping Design Plan. Landscaping plans, when required, should be drawn at a scale of one inch equals twenty (20) feet and must show:
      1. percent of site to be landscaped;
      2. plant legend showing total number of plants and trees, by common names, and estimated sizes at time of installation and at maturity;
      3. location of individual plants and trees showing approximate distances from roadways and buildings;
      4. description and location of additional ground cover;
      5. description and location of any proposed ornamental landscaping elements (colored and crushed rock, gravel, large boulders, wagon wheels, etc.);
      6. description, location and dimension of landscaping protective devices.
      All landscape plans shall be prepared and certified by a licensed landscape architect, architect, or nurseryman for uses requiring more than fifteen (15) parking spaces.

(Ord. 5-2009, Amended, 02/12/2010; Ord. 13-2007B, Add, 09/25/2007)