A conditional use permit shall be obtained for certain uses, which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions and located in specific locations within a zone but shall not be allowed under the general conditions of the zone as stated in this code.

(Ord. No. 2021-112, § 1, 8-16-21)

All conditional use permit applications shall be submitted to the code official as provided in this code. Maps, drawings, statements, or other documents in accordance with the provisions of section 25-4.100 shall accompany all applications. An appropriate fee to cover out-of-pocket expenses for advertising the public hearing in the paper shall be collected at the time of submittal, as determined by the city.

(Ord. No. 2021-112, § 1, 8-16-21)

Prior to the approval, amending or denial of a conditional use permit, a public hearing shall be held in accordance with the provisions of section 25-9.10. Upon the completion of said public hearing, the commission shall render a recommendation within thirty (30) days to be forwarded to the board of aldermen for final consideration.

(Ord. No. 2021-112, § 1, 8-16-21)

(a)

Authorization. The commission on appeal shall impose conditions and safeguards as deemed necessary to protect and enhance the health, safety, and welfare of the surrounding area. The authorization of a conditional use permit shall not be made unless the evidence presented is such to establish:

(1)

That such use will not, under the specific circumstances of the case, be detrimental to the health, safety, or general welfare of the surrounding area and that the proposed use is necessary or desirable and provides a service or facility that contributes to the general well-being of the surrounding area.

(2)

That such use will comply with the regulations and conditions specified in this code for such use.

(3)

The planning commission shall itemize, describe, or justify the conditions imposed on the use. All conditional use permits shall have an expiration date.

(b)

The board of aldermen shall accept or reject the conditions recommended by the commission. The final approved conditions shall be recorded in the Texas County records.

(Ord. No. 2021-112, § 1, 8-16-21)

(a)

General. A conditional use permit shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished. The code official shall advise the permittee by registered mail that the conditional use permit has expired, and that the permittee is not to pursue the permitted uses or construction without procuring the needed permits.

(b)

At any point when documented activity related to the permitted use and/or construction thereof has been abandoned or discontinued for a period of at least one (1) year, the conditional use permit shall be considered to have expired. The conditional use permit, as previously granted, shall not be re-established without approval by the commission, following the procedures prescribed by article XXII as stated immediately above.

(c)

Revocation procedure. A conditional use permits maybe revoked when the permittee fails to comply with the conditions imposed by the commission and accepted by the board of aldermen and the following procedure has been initiated:

(1)

The code official has determined and documented that non-compliance conditions of the permit do exist.

(2)

The code official presents to the permittee and the mayor, in written form, simultaneously, a list of the conditions that are not being complied with and a clear and precise determination of the impact to the area. The mayor may then mark the item on the agenda for the next regular meeting of the board of aldermen or, if needed in his/her judgment, schedule a special meeting of the board of aldermen to discuss the non-compliance. The permittee shall be kept advised of the proposed actions of the mayor and the board of aldermen and shall be invited to discuss all non-compliance with the city representatives.

(3)

The board of aldermen, utilizing the recommendation of the code official and the city attorney, shall determine the period to allow the permittee to increase efforts or change procedures to meet all conditions of the original permit. The board of aldermen shall establish a date and time for a public meeting to receive data and public input for consideration of the revocation of this conditional use permit.

(4)

Following the public meeting held by the board of aldermen, the code official shall notify the permittee by registered mail of the exact conditions which are not in compliance with the original conditions and the exact length of time for the permittee to become in compliance with the original conditions, along with a photocopy of the original conditions, as accepted by the board of aldermen.

(5)

Should the permittee fail to comply with the original permit conditions and the board of aldermen's later directives within the board's exact, stated time frame for compliance, a public hearing shall be held in accordance with the provisions of section 25-9.10. The sole purpose for this hearing shall be clearly stated as follows:

A public hearing for the purpose of revoking the following conditional use permit and the name of permittee and the permit clearly printed on the public notices.

(d)

Expiration and revocation cost and expense. If a conditional use permit expires on the permittee as outlined above, then all costs related to the notification of such expiration shall be the responsibility of the city. If the permittee fails to comply with the permit conditions and the revocation procedure is commenced, then all expenses related to the scheduling of a specially called meeting of the board of aldermen, as outlined in subsection (b) and all expenses related to paragraphs (3), (4) and (5) of the above subsection (c) shall be incurred by the permittee. The costs shall be tabulated and itemized by the city and billed to the permittee. Non-payment of expenses identified could result in a lien assessed against real property, based on the recommendations, and advise of the city's legal representative.

(Ord. No. 2021-112, § 1, 8-16-21)

An amendment to an approved conditional use permit shall be submitted to the code official accompanied by supporting information. The commission shall review the amendment to grant, deny or amend such amendment and impose conditions deemed necessary without further action of the board. Only amendment denial may be appealed to the board.

(Ord. No. 2021-112, § 1, 8-16-21)

(a)

A request for a conditional use shall be permitted to be approved, approved with conditions, or denied. Each request for a conditional use approval shall be consistent with the criteria listed below:

(1)

The request is consistent with all applicable provisions of the comprehensive plan.

(2)

The request shall not adversely affect adjacent properties.

(3)

The request is compatible with the existing or allowable uses of adjacent properties.

(4)

The request can demonstrate adequate public facilities, including roads, drainage, potable water, sanitary sewers and that police and fire protection exists or will exist to serve the requested use at the time such facilities are needed.

(5)

The request can demonstrate adequate provision for maintenance of the use and associated structures.

(6)

The request has minimized, to the degree possible, adverse effects on the natural environment.

(7)

The request will not create undue traffic congestion.

(8)

The request will not adversely affect the public health, safety, or welfare.

(9)

The request conforms to all applicable provisions of this code.

(Ord. No. 2021-112, § 1, 8-16-21)