(1)

AUTHORIZATION. The Common Council, after review of the City Plan Commission, may authorize the Building Inspector to issue a conditional use permit for conditional uses after review and a public hearing, provided that such additional uses or structures are in accordance with the purpose and intent of this chapter and are found not to be hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or community.

(2)

APPLICATION. Application for a conditional use permit shall be made in duplicate to the Building Inspector on forms provided by his office. The Building Inspector shall forward to the Plan Commission a copy of any such application. Such applications shall include the following:

(a)

THE NAMES AND ADDRESSES of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record.

(b)

A DESCRIPTION OF THE SUBJECT SITE by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structures; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(c)

A PLAT OF SURVEY prepared by a registered land surveyor showing all of the information required for a building permit and existing and proposed landscaping.

(d)

ALL ADDITIONAL INFORMATION required by the Plan Commission, City Engineer or Building Inspector.

(e)

A FEE RECEIPT from the City Treasurer in the amount of $25.

(3)

REVIEW AND APPROVAL.

(a)

The Plan Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation.

(b)

The Plan Commission shall hold a public hearing on the proposed conditional use. Notice of time and place of such hearing shall be published not less than 15 nor more than 30 days preceding said hearing and at least once in one or more newspapers of general circulation in the City. The City Administrator shall notify all abutting or opposite property owners, as listed by the developer in the original application, of the time, date and subject matter of the hearing. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.

(c)

Any development within 500 feet of the existing or proposed rights-of-way of highways and within 1500 feet of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the highway. The Plan Commission shall request such review and await the highway agency's recommendations for a period not to exceed 60 days before taking final action.

(d)

After review of the proposed conditional use by the Plan Commission the Common Council of the City shall approve or reject the proposed conditional use, and if it approves the use, shall authorize the Building Inspector to issue a conditional use permit.

(4)

STANDARDS.

(a)

No conditional use shall be recommended by the Plan Commission unless the Commission shall find:

1.

That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health or safety, or interfere with or undermine the general welfare.

2.

That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

3.

That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

4.

That adequate utilities, access road, drainage and/or necessary facilities have been or are being provided.

5.

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

6.

That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

(b)

REQUIRED CONDITIONS. Conditions such as landscaping, architectural design, type of construction, commencement and completion dates of construction, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements may be required by the Commission upon its finding that these are necessary to fulfill the purpose and intent of this section.

[#358 3/13/90]