To provide for the regulation of uses to ensure their compatible integration in the land use pattern of Franklin City. (Ord. 1998-1, 7-17-1998)

An approved conditional use permit shall be required for each conditional use listed in this Title. No building permit or other permit or license shall be issued for a conditional use by any officer or employee of Franklin City unless a conditional use permit shall have been approved.

   A.   Application: Application for a conditional use permit shall be made at the Franklin City office.

   B.   Development Plan: The applicant for a conditional use permit shall prepare a site plan of the proposed conditional use, drawn to scale and showing all existing and proposed buildings, fences, landscaping, automobile parking and loading areas, and any other information the Planning Commission may deem necessary.

   C.   Fee: The conditional use permit fee shall be established by resolution by the City Council.

   D.   Hearing: A hearing need not be held; however, a hearing may be held when the Planning Commission shall deem a hearing to be necessary to serve the public interest.

   E.   Planning Commission Action:

      1.   The Planning Commission may approve, modify and approve, or deny the conditional use application. In approving any conditional use, the Planning Commission shall impose regulations and conditions as are necessary to protect the public welfare.

      2.   In approving a conditional use, the Planning Commission shall find:

         a.   That the proposed use is necessary or desirable and will contribute to the general well-being of the community.

         b.   That the use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvement in the vicinity.

         c.   That the proposed use will comply with the regulations of this Title.

         d.   That the proposed use is in harmony with the intent of the Master Plan.

   F.   Appeals: Appeal of any decision of the Planning Commission shall be to the City Council. Notice of appeal specifying the grounds for the appeal shall be made in writing and shall be filed at the City office with the Planning Commission to be given a copy of the notice and a copy shall also be given to the City Council. The notice of appeal shall be so filed not more than ten (10) working days after the decision by the Planing Commission. The City Council shall affirm, modify or reverse the decision of the Planning Commission. However, the City Council shall present, in writing, the reasons for its action.

   G.   Time Limit: A conditional use permit shall be null and void one year after approval unless substantial work shall have been accomplished toward its completion unless otherwise stipulated at the time of application.

   H.   Revocation Of Permit:

      1.   Reasons For Revocation: A conditional use permit may be revoked upon failure to comply with the conditions imposed at the time of the original approval of the permit. In addition, the renewal of any conditional use permit may be denied at the annual or other periodic renewal time, or at any other time regardless of the issue date of the permit, and any conditional use permit may also be revoked, for good cause. "Good cause" shall include, but not be limited to the following, within the discretion of the Planning Commission: circumstances which are detrimental to or have a negative impact on the health, safety and welfare concerns of the citizens and residents of Franklin City, incompatible zoning or land use, complaints of noise, odor, failure to keep dogs or other animals under proper care and/or control, failure to comply with the conditions imposed at the time the original approval of the permit was given, the creation and existence of a public or private nuisance, failure of the permit holder or his agent or employees to comply with the conditions and requirements of applicable State, County and/or Federal laws, rules and regulations, unlawful activities conducted or permitted on the promises for which the conditional use permit was issued, and/or other legitimate factors. In this regard, four (4) or more legitimate complaints received by the City Animal Officer or other law enforcement officers concerning animal rights or any other activity or business allowed by a conditional use permit may be cause, as determined by the Planning Commission, for denying, refusing to renew and/or revoking the conditional use permit.

      2.   Notice Of Action Taken: Prior to the revocation of a conditional use permit or the denial of an application to renew a conditional use permit, the permit holder shall be given a notice which shall state in substance that the Planning Commission intends to revoke the conditional use permit or deny the application to renew it, together with the reason or reasons therefor, at a regular or special meeting of the Planning Commission (which shall be at least 10 days and not more than 30 days from the date notice is sent) and the permit holder shall have a right to appear, to be represented by counsel, to hear the evidence against him/her, to cross-examine witnesses and to present evidence as to why the permit should not be revoked or the application denied.

      3.   Original Applications Excepted: The preceding subsection shall not apply to original applications for conditional use permits which have not previously been issued or approved by the Planning Commission, and such applicants need only be informed that their application has been denied and the reasons for such denial.

   I.   Special Provisions For Animal Rights Conditional Use Permits:

      1.   Considerations: In considering each application for a conditional use permit relating to animal rights, the Planning Commission shall proceed as herein required, and in imposing such regulations and conditions as are necessary to protect the public welfare in this regard, the Planning Commission shall consider, among other thing, the zone in which the conditional use is proposed the size of lot involved, the proximity of the proposed enclosures to neighbors, the proposed size of the enclosure, its placement on the property and the proposed number of animals. Together with anything else stated in an approved permit.

      2.   Maximum Number Of Animals And Type Of Fencing:

         a.   In Zoning Districts Residential A-1 and A-2 as provided previously in Section 7-3-9 of this Title, there shall be no mink, rabbits, foxes goats, mules, donkeys, swine or any other animal raised for commercial purposes whatsoever in said districts.

         b.   However, a maximum of two (2) cows or two (2) horses or eight (8) sheep or a proportionate combination thereof according to the foregoing limitations may be kept in private stables for personal use only. Any stables, corrals, or sheds constructed for the use of such animals, shall be at least one hundred fifty feet (150') distant from any sidewalk and one hundred feet (100') distant from any residential dwelling, in addition to conforming to all other building regulations stated in this or other City ordinances.

         c.   There shall be no barbed wire fences erected adjacent to any sidewalk or public walkway accommodated within.

      3.   Term Of Permit: Each permit shall be granted for a maximum of one calendar year, and shall expire on December 31 of the year in which it is granted, subject to renewal during January of the following year. Provided, however, that with respect to any permit granted after July 1, of any year, the Planning Commission may provide for an expiration date of December 31 of the following year.

      4.   Public Hearing: Any public hearing relating to an application for animal rights conditional use permit shall be subject to the provisions of Section 7-7-3 of this Chapter. (Ord. 1998-1, 7-17-1998)

Prior to granting a special use permit, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice may also be made available to other newspapers, radio or television stations serving the jurisdiction for use as a public service announcement. Notice of the hearing shall also be provided by the applicant to property owners and residents within the land being considered, three hundred feet (300') beyond the external boundaries of the land being considered and any additional area that may be substantially impacted by the proposed special use as determined by the Commission. The applicant shall provide the Administrator with the signatures of such property owners acknowledging that they have received such notice. When notice is required to two hundred (200) or more property owners or residents, in lieu of the mailing notification, three (3) notices in the newspaper or paper of general circulation is sufficient; provided, the third notice appears ten (10) days prior to the public hearing. (Ord. 1998-1, 7-17-1998)

This conditional use permit must be approved by the City Council before it can be issued. (Ord. 1998-1, 7-17-1998)