The purpose of a conditional use permit is to allow proper integration of uses into the community which may only be suitable in specific locations, may be consistent with the purpose of a zone district only under certain circumstances, and/or may have potentially detrimental effects to surrounding properties if not properly designed, located and conditioned. (Ord. 2004-12, 5-19-2004)

A conditional use permit shall be required for all uses listed as conditional uses in the district regulations or elsewhere in this title. No building permit or other permit or license shall be issued for a use requiring conditional use without first being reviewed and/or approved by the planning commission and the city council. (Ord. 2004-12, 5-19-2004)

Conditional use permits shall fall into three (3) classifications:

   A.   Class A: No inspection required. No notification required.

   B.   Class B: May require one inspection. May require notification.

   C.   Class C: Will require inspections and notification. (Ord. 2004-12, 5-19-2004)

Application for conditional use permit shall be made by the property owner, developer or certified agent on a form authorized by the city. Application shall be filed with the planning commission with proper fee, maps, drawings, statements, other documents as required and the following information:

   A.   Name and address of applicant;

   B.   Title report showing that applicant is the owner or the certified agent for property on which proposed use will be located, except for proposed utility right of way;

   C.   Address and legal description of the property;

   D.   Statement indicating the nature of the proposed use with any other data pertinent to the granting of a use permit;

   E.   Current property ownership information necessary to satisfy notification requirements, which shall include names and mailing addresses of all owners of property located within two hundred feet (200') of the exterior boundaries of the subject property, and a copy of the plat map on which property locations are keyed to ownership information. (Ord. 2004-12, 5-19-2004)

The zoning official or his designate shall make an investigation of the application, subject to the standards set forth herein and shall report to the planning commission, with a recommendation to grant, conditionally grant, or deny an application for a conditional use permit. Such report shall be available to applicant prior to the public meeting. (Ord. 2004-12, 5-19-2004)

No public hearing shall be required; however, a hearing may be held when the planning commission or city council shall determine that a hearing would serve the public interest. During the public meeting where the conditional use is heard, the planning commission may recommend to grant, grant with conditions, or deny the conditional use to the city council. Such recommendation shall not be heard by city council less than fourteen (14) days following the planning commission public meeting. Upon such hearing by the city council, that body may grant, grant with conditions or deny the conditional use request. Recommended conditions by planning commission shall be considered part of the conditional use unless specifically changed by the conditions stated by the city council. A conditional use permit may also be made revocable, may be granted for a limited time period based on factors calling for a temporary permit, or may be granted subject to such conditions as the city council may prescribe. (Ord. 2004-12, 5-19-2004)

A conditional use may be located within any district in which the particular conditional use is permitted by the use regulations of this title. In authorizing any conditional use, the city council shall impose such requirements and conditions as are necessary for the protection of adjacent properties and the public welfare. The city council shall not authorize a conditional use permit, unless the evidence presented is such as to establish:

   A.   That the proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the community and the neighborhood; and

   B.   That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; and

   C.   The purposed use will comply with regulations and conditions specified in this title for such use.

Conditions imposed by the city council may include, but are not limited to:

      1.   Drainage;

      2.   Sewer;

      3.   Water and other utility requirements;

      4.   Special yards;

      5.   Open spaces;

      6.   Buffers;

      7.   Fences and walls;

      8.   Installation and maintenance of landscaping;

      9.   Street dedications and improvements;

      10.   Vehicular ingress and egress;

      11.   Traffic circulation and regulation;

      12.   Signs;

      13.   Hours of operation;

      14.   Methods of operation;

      15.   Potential nuisances;

      16.   Building and yard maintenance;

      17.   Development standards;

      18.   Development schedules;

      19.   A variance from board of adjustment if applicable;

      20.   Such other conditions as the council may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health safety and welfare. The city council may require that the applicant prepare and record covenants running with the land which under the conditions are binding upon the applicants and their successors. (Ord. 2004-12, 5-19-2004)

Following the issuance of a conditional use permit, the building inspector shall approve an application for a building permit and shall ensure that development is undertaken and completed in compliance with said conditional use and building permit. (Ord. 2004-12, 5-19-2004)

Unless otherwise specified in the action granting a conditional use permit, a permit which has not been utilized within twelve (12) months from its effective date shall become null and void. Once any portion of the conditional use permit is utilized, the other portions and conditions related thereto become immediately operative and must be strictly observed. Utilization shall be construed to mean pouring of concrete, or commencement of framing on construction, or commencement of the use or uses for which the permit was granted, and reasonable progress thereafter toward full completion of the contemplated project.

A conditional use permit for a temporary use may be issued for a maximum period of six (6) months. The building official may grant an extension of six (6) months when deemed in the public interest with renewals at his discretion, for not more than three (3) successive periods thereafter. The permit shall be nontransferable. (Ord. 2004-12, 5-19-2004)

The city council may modify or revoke a conditional use permit, following notice and a hearing. A conditional use permit may be modified or revoked if the city council finds one or more of the following:

   A.   The permit was obtained by misrepresentation or fraud,

   B.   The specific use for which the permit was granted is not being exercised; or

   C.   Noncompliance with conditions imposed upon said use permit. (Ord. 2004-12, 5-19-2004)

Any person shall have the right to appeal the decision to grant, grant with conditions or deny a conditional use permit. Such appeal shall be made to the board of adjustment.

Any person or entity desiring a special exception may apply to the board of adjustment in the terms of this title as applied to zoning districts; providing a landowner relief in extraordinary cases where the board of adjustment finds the existing special fact and circumstances specified therein as sufficient to warrant a diversion from the general rule. Special exceptions are not to be granted liberally. (Ord. 2004-12, 5-19-2004)