(1)   Purpose and scope. The conditional use permit process is intended to provide the City with an opportunity to review a proposed use that has the potential to be incompatible with surrounding uses, but can be made compatible through the establishment of reasonable conditions. Approval of a conditional use is a site specific approval and does not indicate that the conditional use is able to be conducted on every parcel within the zoning classification. Every application for a conditional use permit will be individually reviewed on its own merits, and the facts surrounding the subject property will determine the appropriateness of the proposed use. The approval of the conditional use permit runs with the land and is not impacted by changes in ownership.

   (2)   Application. A request for a conditional use permit shall be initiated by an owner of property or an authorized representative of an owner through the submission of a conditional use permit application to the Zoning Administrator that includes the following:

      a.   A complete application form signed by the property owner and the applicant (if different from the property owner);

      b.   A thorough written description of the proposed conditional use;

      c.   A legal description of the property;

      d.   Application fee and escrow deposit;

      e.   Certified list and set of mailing labels of the names and addresses of all property owners within 500 feet of the boundaries of the property in question. (This item is not required for administrative conditional use permit applications.)

      f.   A map showing the property in question and the surrounding land use of all property within 500 feet of the property in question;

      g.   A complete site plan showing all aspects of the proposed use and its relationship to the surrounding neighborhood;

      h.   Schematic architectural, landscape, grading and utility plans for projects involving new construction, exterior remodeling or additions;

      i.   A survey may be required if it is determined to be necessary by the Zoning Administrator; and

      j.   Any other information required by the Zoning Administrator, Planning Commission or City Council.

   (3)   Process.

      a.   Notice of the time and place of the public hearing shall be given not more than 30 days nor less than 10 days in advance of the public hearing by publishing a notice in the official newspaper of the City and by mailed notice to the property owners within 500 feet of any boundary of the property for which the use is proposed. This notice shall describe the particular conditional use and shall contain a brief description thereof. The County Auditor’s records shall be used for determination of ownership and mailing addresses.

      b.   No hearing will be scheduled and the application will not be deemed to be complete until all of the application requirements are submitted by the applicant in a form acceptable to the Zoning Administrator.

      c.   The Planning Commission shall hold at least 1 public hearing on the proposal to issue a conditional use permit.

      d.   Before any conditional use permit may be granted, the request shall be referred to the Planning Commission for study concerning the effect of the proposed conditional use on the Comprehensive Plan and on the character and the development of the neighborhood. The Planning Commission will make a recommendation to the City Council regarding reasonable conditions and findings of fact.

      e.   The approval of a conditional use permit requires that the City Council shall find that conditions can be established to ensure all of the following criteria will always be met:

         1.   The proposed use is consistent with the Comprehensive Plan and the purpose of the underlying zoning district.

         2.   The proposed use will not substantially diminish or impair property values within the immediate vicinity of the subject property.

         3.   The proposed use will not be detrimental to the health, safety, morals or welfare of persons residing or working near the use.

         4.   The proposed use will not impede the normal and orderly development of surrounding property.

         5.   The proposed use will not create an undue burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area.

         6.   The proposed use is adequately screened.

         7.   The proposed use will not create a nuisance, including but not limited to odor, noise, vibration or visual pollution.

         8.   The proposed use will provide adequate parking and loading spaces, and all storage on the site is in compliance with this Subsection.

         9.   The proposed use will protect sensitive natural features.

         10.   The City Council may attach conditions to the permit, as it may deem necessary in order to lessen the impact of a proposed use, meet applicable performance standards and to promote health, safety and welfare.

      f.   Denial. Conditional use permits may be denied by resolution of the City Council when there is a determination and findings of fact by the City Council that the proposed use does not meet the criteria for granting a conditional use permit.

   (4)   Time limit.

      a.   Unless otherwise specified in the conditional use permit, the operation of the use and/or issuance of building permits for permitted structures shall begin within 6 months of the date of the conditional use permit approval. Failure to do so will invalidate the conditional use permit. Permitted timeframes do not change with successive owners. Upon written request, 1 extension of 6 months may be granted by the Zoning Administrator if the applicant can show good cause.

      b.   If a use operating pursuant to an approved conditional use permit is discontinued for a period of at least 6 months, any further use of the property shall conform to the requirements of this Subsection. A discontinued conditional use shall not begin operations again without first obtaining approval of a new conditional use permit.

   (5)   Revocation. 

      a.   In the event that any of the conditions set forth in the permit are violated, the City Council shall have the authority to revoke the conditional use permit. Before the revocation is considered, the City Council shall hold at least 1 public hearing after proper written notice has been issued in accordance with this section.

      b.   Following the hearing and subsequent discussion, the City Council may revoke the conditional use permit by adopting findings of fact showing there has not been substantial compliance with the required conditions.

   (6)   Amendments. A conditional use permit may be amended or modified only in accordance with the procedures and standards established when originally securing the conditional use permit. A request for a change in the conditions of approval of a conditional use permit shall be considered an amendment and subject to the full review procedure set forth in this Subsection. An additional application fee may be required before the consideration of the amendment request.

   (1)   Purpose and scope. The interim use is a use that is currently acceptable but in the future may no longer be acceptable. The interim use permit process is intended to provide the City with an opportunity to allow a use that meets 1 of the following criteria:

      a.   The use is for a brief period of time until a permanent location is obtained or while the permanent location is under construction;

      b.   The use is judged by the City Council to be presently acceptable but with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use within the respective district;

      c.   The use is judged by the City Council to reflect the long range vision for the area and is in compliance with the Comprehensive Plan provided that the use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.

   (2)   Application, process, time limit, revocation and amendments.

      a.   An interim use permit shall be processed according to the standards, procedures and criteria for conditional use permits. In addition, the proposed interim use must be allowed in the respective zoning district.

      b.   The interim use permit approval shall contain a date or specific event that will terminate the use with certainty.

(Ord. 2010-18, passed 9-28-2010)