(a)

An application for a conditional use permit may be initiated by the owner of the lot or building in question.

(b)

The application shall be on forms provided by the planner and shall be submitted with required plans, data and information, and such other information as, in the opinion of the planner, is necessary for evaluation of the application. The application shall be accompanied by the fee set forth in section 2-724.

(Code 1970; Code 1992, § 850.04(5)A)

All provisions and requirements in this article relating to the erection of a sign in connection with a rezoning of property shall apply to the applicant for a conditional use permit, and the applicant shall comply with all such provisions and requirements, except that the sign shall state that a conditional use permit is proposed for the property instead of rezoning.

(Code 1970; Code 1992, § 850.04(5)B)

(a)

If the conditional use permit is requested to allow a principal or accessory use that requires the construction of a new building or accessory use facilities, or additions or enlargements to an existing building or accessory use facilities, the application shall be drawn to a scale acceptable to the planner, and be accompanied by plans containing the following data and information:

(1)

Elevation drawings of all new buildings or accessory use facilities, or additions and enlargements to existing buildings or accessory use facilities, including a description of existing and proposed exterior building materials;

(2)

The location, dimensions and other pertinent information as to all proposed and existing buildings, structures and other improvements, streets, alleys, driveways, parking areas, loading areas and sidewalks;

(3)

A landscape plan and schedule in accordance with article XII, division 6 of this chapter;

(4)

A floor plan showing the location, arrangement and floor area of existing and proposed uses; and

(5)

Any other information required, in the opinion of the planner, to evaluate the application, to determine consistency with the comprehensive plan and to ensure compliance with the requirements contained in this chapter and other applicable provisions of this Code.

(b)

If the conditional use permit is requested to allow a principal or accessory use that does not require construction of a new building or accessory use facilities, or additions or enlargements to an existing building or accessory use facilities, the application shall be accompanied by plans showing:

(1)

The location, arrangement and floor area of existing and proposed uses;

(2)

The location, dimensions and other pertinent information, as to all buildings, structures, streets, alleys, driveways, parking areas, loading areas, sidewalks and landscaping; and

(3)

Any other information required, in the opinion of the planner, to evaluate the application, determine consistency with the comprehensive plan and ensure compliance with the requirements contained in this chapter and other applicable provisions of this Code.

(Code 1970; Code 1992, § 850.04(5)C)

The commission shall conduct a public hearing regarding the application. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the date of the hearing. A similar notice of hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated, wholly or partly, within 1,000 feet of the tract to which the petition relates insofar as the names and addresses of such owners can reasonably be determined by the clerk from records maintained by the assessor or from other appropriate records. Notification distance shall be 350 feet for conditional use permits required under sections 36-434(9) and 36-464(1). After reviewing the report of the planner and hearing the oral or written views of all interested persons, the commission shall make its decision at the same meeting or at a specified future date and send its recommendation to the council. No new notice need be given for hearings that are continued by the commission to a specified future date.

(Code 1970; Code 1992, § 850.04(5)D)

(a)

Upon request of the planner, manager or applicant, and after review and recommendation by the commission, the council shall conduct a public hearing regarding the application. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the date of the hearing. A similar notice of hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated, wholly or partly, within 1,000 feet of the tract to which the application relates insofar as the names and addresses of such owners can reasonably be determined by the clerk from records maintained by the assessor. Notification distance shall be 350 feet for conditional use permits required under sections 36-434(9) and 36-464(1). After hearing the oral and written views of all interested persons, the council shall make its decision at the same meeting or at a specified future date. No new notice need be given for hearings that are continued to a specified future date. The council shall not grant a conditional use permit, unless it finds that the establishment, maintenance and operation of the use:

(1)

Does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements;

(2)

Will generate traffic within the capacity of the streets serving the property;

(3)

Does not have an undue adverse impact on the public health, safety or welfare;

(4)

Will not impede the normal and orderly development and improvement of other property in the vicinity;

(5)

Conforms to the applicable restrictions and special conditions of the district in which it is located, as imposed by this chapter; and

(6)

Is consistent with the comprehensive plan.

(b)

Approval of a conditional use permit requires a three-fifths favorable vote of all members of the council. A favorable vote by the council shall be deemed to include a favorable finding on each of the matters set forth in subsection (a) of this section, even if not specifically set out in the approval resolution or the minutes of the council meeting.

(Code 1970; Code 1992, § 850.04(5)E)

The commission may recommend that the council impose, and the council, with or without such recommendation, may impose, conditions and restrictions upon the establishment, location, construction, maintenance, operation or duration of the use, as deemed necessary for the protection of the public interest and adjacent properties, to ensure compliance with the requirements of this chapter and other applicable provisions of this Code, and to ensure consistency with the comprehensive plan. The council may require such evidence and guarantees as it may deem necessary to secure compliance with any conditions imposed. No use shall be established or maintained, and no building or other permit for establishing or maintaining such use shall be granted, until the applicant has met and fulfilled all conditions imposed by the council to the satisfaction of the planner.

(Code 1970; Code 1992, § 850.04(5)F)

No use allowed by a conditional use permit, or any building or structure accessory thereto, shall be increased in gross floor area or height, nor shall any off-street parking facilities accessory to the building or structure be enlarged in surface area to accommodate additional automobiles, without first obtaining, in each instance, a conditional use permit.

(Code 1970; Code 1992, § 850.04(5)G)

No application for a conditional use permit which has been denied by the council shall be resubmitted for a period of one year following the date of the denial by the council. Provided, however, that the application may be resubmitted if so directed by the council on a three-fifths favorable vote of all members of the council after presentation to the council of evidence of a change of facts or circumstances affecting the proposed use or tract on which it is to be located.

(Code 1970; Code 1992, § 850.04(5)H)

(a)

If no use allowed by the conditional use permit has begun within two years from the granting of the conditional use permit, the conditional use permit shall become null and void unless a petition for extension of time has been granted.

(b)

A petition for extension shall be in writing and filed with the clerk within two years from the granting of the conditional use permit. The petition for extension shall state facts showing a good faith attempt to use the conditional use permit and shall state the additional time requested to begin the use. The petition shall be presented to the council for hearing and decision in the same manner as then required for an original application. The council may grant an extension of the conditional use permit for up to one year upon finding that:

(1)

A good faith attempt to use the conditional use permit has been made;

(2)

There is a reasonable expectation that the conditional use permit will be used during the extension; and

(3)

The facts which were the basis for the findings under which the original conditional use permit was granted have not materially changed.

No more than one extension shall be granted.

(c)

For purposes of this section, a use shall be deemed begun when all work described in the original application, or information provided, has been completed and has received final city approvals and the use is operating for the purposes described in the original application.

(Code 1970; Code 1992, § 850.04(5)I)

If a conditional use permit is granted, the applicant, at the applicant's expense, shall duly file or record the permit in the proper office to give constructive notice of it. A verified copy of the permit, with the recording data on it, shall be delivered to the planner. The council may require that the permit be so recorded or filed and the verified copy delivered to the planner before the permit shall become effective.

(Code 1970; Code 1992, § 850.04(5)J)