It is the purpose of this section to provide for conditional use permits which may be granted only for uses expressly listed in the conditional use subsections of the zoning districts established in this chapter.

(Prior Code, § 42.1500; Ord. No. 2671, § 1(42.1500), 5-24-2018)

Application for a conditional use permit shall be made to the board of aldermen and shall be accompanied by the following:

(1)

Completed application forms.

(2)

A deposit to cover costs in the amount in accordance with current fee schedule. If these actual costs exceed the amount of the filing fee deposited, then the applicant shall forthwith pay any such additional amounts to the city. If the filing fee deposit provided for herein exceeds actual costs, then the city shall refund to the applicant the amount of such deposit not necessary to cover all such expenses.

(3)

An accurate legal description of the subject property.

(4)

Plans or other evidence, as appropriate, that support the granting of a conditional use.

(5)

The applicant must notify all property owners adjacent, opposite and abutting to or within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the property to contain the conditional use. The applicant will notify the property owners within 185 feet by means of a form letter provided by the city clerk which will show the date of the public hearing and information pertaining to the procedure for a conditional use request. Such form letter is attached to Ordinance No. 1092, is approved, adopted and made a part herein by reference as fully as if set out herein verbatim. The applicant must provide the city clerk with a copy of the letter and the certified mail receipts prior to the first public hearing.

(Prior Code, § 42.1510; Ord. No. 2671, § 1(42.1510), 5-24-2018)

(a)

The applicant shall submit all necessary information and materials to the city clerk. The city clerk shall then refer the application to the planning and zoning commission who shall review the request to determine its compliance with the provisions of this chapter. A report on the proposal shall be made to the board of aldermen at the time the application is to be considered. The city clerk shall handle all notification procedures.

(b)

The board of aldermen shall hold a public hearing on the application.

(c)

After giving due consideration to the following standards, the board of aldermen may grant a conditional use permit stipulating any conditions deemed necessary to carry out the provisions and intent of this chapter:

(1)

The proposed conditional use follows all regulations of the applicable zoning district.

(2)

The proposed conditional use will be in conformance with the character of the adjacent area in which it is located. In making such a determination, consideration may be given to the location, type and height of buildings or structures and the type and extent of landscaping and screening on the site.

(3)

Off-street parking and loading areas are provided in accordance with the standards set forth in this Code.

(4)

Adequate utilities, drainage, and other such facilities are provided.

(5)

Adequate access is provided and is designed to prevent traffic hazards and minimize traffic congestion.

(d)

The board of aldermen shall find, for all conditional uses, or establish provisions therefor, that the conditional use will:

(1)

Not impede nor detract from the normal development and improvement of surrounding property for uses permitted in the district.

(2)

Not cause undue congestion or other traffic problems on the public streets.

(3)

Be adequately served by utilities.

(4)

Meet all fire, health, building, stormwater drainage, plumbing, electrical, off-street parking and sign regulations of the city.

(5)

Have access drives which are designed and constructed in accordance with the city standards.

(e)

The board of aldermen may impose conditions to ensure that the conditional use will not:

(1)

Be unduly injurious to the use and enjoyment of other property in the immediate vicinity.

(2)

Have a significant adverse effect on property values in the neighborhood.

(3)

Be detrimental to nor endanger the public health, safety or general welfare of the citizens of the city.

(Prior Code, § 42.1520; Ord. No. 2671, § 1(42.1520), 5-24-2018)

(a)

Any interested party may, in writing and within ten days of the board of aldermen's decision, request that the board reconsider any decision on which adversely affects such part.

(b)

The board of aldermen shall rehear the request only if it determines:

(1)

Certain pertinent evidence was not presented;

(2)

An error which warrants correction was made at the original hearing;

(3)

There is new, pertinent evidence; or

(4)

There has been a material change in fact or circumstance.

(c)

The party, when requesting the rehearing, shall submit a written statement setting out any alleged error or omission; any new, pertinent fact; or the material change in fact or circumstance upon which the request for rehearing is based.

(d)

At its next meeting, the board of aldermen shall consider and vote on the request for rehearing. If approved, the request shall be reheard at the same, or at a subsequent board meeting.

(e)

When making its determination to rehear the request, the board of aldermen will limit the testimony to those issues presented by the party requesting the rehearing.

(f)

All interested parties will be heard at the rehearing if the request for rehearing is granted.

(g)

Requests for rehearing shall not be subject to the application filing fee.

(Prior Code, § 42.1530; Ord. No. 2671, § 1(42.1530), 5-24-2018)

(a)

No application shall be filed within 90 days of the final disposition by the board of aldermen of a previous application for the same property, or portion thereof, for the same, or substantially the same, purpose.

(b)

After the expiration of the 90-day period stated in subsection (a) of this section, a new application may be filed for the same property, or a portion thereof, for the same, or substantially the same, purpose.

(1)

The applicant, when filing the new application, shall submit a written statement setting out new, pertinent evidence or material change in fact or circumstances which warrants and supports the filing of the new application.

(2)

Within 90 days, the board of aldermen shall consider and vote on whether to hear the new application.

(3)

The board of aldermen shall hear the new application only if it determines there is new, pertinent evidence or there has been a material change in fact or circumstances. In making that determination, the board of aldermen will limit the testimony to that of the applicant.

(4)

If the board of aldermen decides to hear the new application, the hearing may be held at the same, or at a subsequent, board meeting at which time all interested parties will be heard.

(5)

New applications shall be subject to the application filing fee.

(Prior Code, § 42.1540; Ord. No. 2671, § 1(42.1540), 5-24-2018)

The board of aldermen, at any regular or special meeting, may revoke a variance or conditional use permit granted hereunder upon:

(1)

The failure of the owner (hereinafter called the applicant) of the property for which the variance or conditional use permit was granted to comply with any of the conditions the board may have imposed when it granted the variance or permit;

(2)

Discontinuance of the conditional use by the applicant for a continuous period of three months. The board of aldermen shall notify the applicant by certified mail and the owners of record of all real property located within 300 feet of the applicant's property by regular mail postmarked not less than ten days prior to the board of aldermen meeting at which revocation is to be reconsidered; or

(3)

Significant expansion or alterations after the issuance of the conditional use permit which changes the character of the conditional use.

(Prior Code, § 42.1550; Ord. No. 2671, § 1(42.1550), 5-24-2018)

Approval and issuance of such permit shall not be deemed to relieve the permittee of the duty to comply with the provisions of other laws and ordinances.

(Prior Code, § 42.1560; Ord. No. 2671, § 1(42.1560), 5-24-2018)

The violation of any condition imposed by the conditional use permit shall constitute a violation of this chapter.

(Prior Code, § 42.1570; Ord. No. 2671, § 1(42.1570), 5-24-2018)

The granting of a conditional use permit is to allow that use on the specific site. If the use is not substantially altered, it shall be allowed on the site regardless of ownership. A conditional use permit may not be transferred to any other site.

(Prior Code, § 42.1580; Ord. No. 2671, § 1(42.1580), 5-24-2018)

Amendment or addition to any conditional use permit is subject to the same procedures as those which apply to a new application. Minor adjustments to an approved conditional use permit may be authorized by the board of aldermen at its discretion.

(Prior Code, § 42.1590; Ord. No. 2671, § 1(42.1590), 5-24-2018)