Good Thunder City Zoning Code
CONDITIONAL USE
PERMITS
§ 154.035 APPLICATION.
(A) Conditional use permits may be issued for any and only the uses or purposes for which the permits are required or permitted by provisions of this chapter.
(B) An application for a conditional use permit shall be filed with the Zoning Administrator on a form prescribed by the City Council. At the option of the Zoning Administrator and/or Planning Commission, the application shall be accompanied by a site plan showing such information as is necessary to show compliance with this chapter, including, but not limited to:
(1) Description of site (legal description);
(2) Site plan drawn at scale showing parcel and building dimensions;
(3) Location of all buildings and their square footage;
(4) Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks;
(5) Landscaping and screening plans;
(6) Drainage plan;
(7) Sanitary sewer and water plan with estimated use per day;
(8) Soil type; and
(9) Any additional date reasonably required by the Zoning Administrator and/or the Planning Commission.
(2001 Code, § 11.15)
§ 154.036 NOTIFICATION AND PUBLIC HEARING.
(A) Written notice shall be sent to all property owners or residents within 300 feet of the property. Before approving a conditional use, a public hearing shall be given not more than 30 days, nor less than ten days, in advance by publishing a notice in the official newspaper of the area. This notice shall describe the particular conditional use and shall contain a brief description.
(B) Assessor tax records and street addresses shall be deemed sufficient for location or certification of ownership of the adjacent properties.
(2001 Code, § 11.15)
§ 154.037 FINDINGS.
(A) For each application for a conditional use permit, the Planning Commission shall report to the City Council its findings and recommendations, including the stipulation of additional conditions or restrictions and guarantees that the conditions or restrictions will be complied with when they are deemed necessary for the protection of the public interest.
(B) No conditional use shall be recommended by the Planning Commission unless the Commission shall find:
(1) The conditional use will not be injurious to the use and enjoyment of the other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity, and is compatible with the existing neighborhood;
(2) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area and conforms to the Comprehensive Land Use Plan of the county;
(3) Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;
(4) Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use;
(5) 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 a manner that no disturbance to neighboring properties will result;
(6) Soil conditions are adequate to accommodate the proposed use; and
(7) Proper facilities are provided which would eliminate any traffic congestion or traffic hazard, which may result from the proposed use.
(2001 Code, § 11.15)
§ 154.038 ACTION BY CITY COUNCIL.
(A) Upon the receipt of the report of the Planning Commission, the City Council shall hold whatever additional public hearings it deems advisable and shall decide whether to grant or deny the conditional use permit.
(B) (1) If the City Council chooses to grant the permit, it may impose restrictions or conditions in addition to or in substitution for any conditions or restrictions recommended by the Planning Commission as it deems necessary to protect the public interest.
(2) If the Planning Commission, in its recommendations to the City Council, has indicated that the proposed conditional use may result in a material adverse effect on the environment, the City Council may request that the applicant for the permit demonstrate the nature and extent of the effect before the City Council approves the permit.
(C) If approved and ordered by the City Council, the conditional use permit shall be issued by the Zoning Administrator.
(2001 Code, § 11.15)
§ 154.039 FILING AND FEES.
(A) A certified copy of any conditional use permit shall be filed with the City Clerk-Treasurer for record. The conditional use permit shall include the legal description of the property involved.
(B) To defray administrative costs of processing requests for conditional use permits, a fee shall be paid by the applicant. The conditional use permit fee shall be set annually by the City Council.
(2001 Code, § 11.15)
§ 154.040 COMPLIANCE.
(A) Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms of the permit and any conditions designated. The conditional use permit shall remain in effect only so long as the terms and conditions agreed upon are observed.
(B) The City Council shall revoke a conditional use permit when it determines that the terms and conditions of the permit as issued are no longer being complied with. A certified copy of an order of the city revoking a conditional use permit shall be filed with the County Recorder for record.
(2001 Code, § 11.15)