The purpose of this chapter is to provide for the regulation of uses to ensure their compatible integration in the land use pattern of the City. (Ord. 18-01, 1-16-2018)

   A.   Required: An approved conditional use permit shall be required for each conditional use listed in this title. No building permit or other permit or license shall be issued for a conditional use by any officer or employee of the City unless a conditional use permit shall have been approved.

   B.   Application: Application for a conditional use permit shall be made at the Office of the Planning Commission on forms provided for that purpose.

   C.   Development Plan: The applicant for a conditional use permit shall prepare a site plan of the proposed conditional use, drawn to scale and showing all existing and proposed buildings, fences, landscaping, automobile parking and loading areas, and any other information the Planning Commission may deem necessary.

   D.   Fee: The initial and renewal conditional use permit shall each be in such amount as established by resolution of the City Council, plus any publication costs and other expenses incurred.

   E.   Hearing: A hearing need not be held; however, a hearing may be held when the Planning Commission shall deem a hearing to be necessary to serve the public interest.

   F.   Planning Commission Action: The Planning Commission may approve, modify and approve, or deny the conditional use application. In approving any conditional use, the Planning Commission shall impose regulations and conditions as are necessary to protect the public welfare. In approving a conditional use, the Planning Commission shall find that:

      1.   The proposed use is necessary or desirable and will contribute to the general well being of the community.

      2.   The use will not 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.

      3.   The proposed use will comply with the regulations of this title.

      4.   The proposed use is in harmony with the intent of the Master Plan.

   G.   Appeals: Appeal of any decision of the Planning Commission shall be to the Appeal Authority under the requirements as stipulated under subsection 10-5-3H of this title.

   H.   Inspection: The building inspector shall inspect the conditional use during the course of construction to ensure that it complies with the conditions of the use permit.

   I.   Time Limit: A conditional use permit shall be null and void one year after approval unless substantial work shall have been accomplished toward its completion.

   J.   Revocation:

      1.   A conditional use permit may be revoked upon failure to comply with the conditions imposed at the time of the original approval or subsequent modification of the permit. In addition, the renewal of any conditional use permit may be denied at the annual or other periodic renewal time, or at any other time regardless of the issue date of the permit, upon failure to comply with the conditions imposed at the time of the original approval or subsequent modification of the permit. Any conditional use permit may also be revoked for good cause. "Good cause" shall include, but not be limited to, the following, within the discretion of the Planning Commission: a) circumstances which are detrimental to or have a negative impact on the health, safety and welfare concerns of the citizens and residents of the City; b) incompatible zoning or land use; c) complaints of noise, odor, failure to keep dogs or other animals under proper care and/or control; d) failure to comply with the conditions imposed at the time the original approval or subsequent modification of the permit was given; e) the creation and existence of a public or private nuisance; f) failure of the permit holder or his agents or employees to comply with the conditions and requirements of applicable State, County and/or Federal laws, rules and regulations; g) unlawful activities conducted or permitted on the premises for which the conditional use permit was issued; and/or h) other legitimate factors. In this regard, three (3) or more legitimate complaints received by the animal control officer or other law enforcement officers concerning a dog kennel or any other activity or business allowed by a conditional use permit may be cause as determined by the Planning Commission for denying, refusing to renew and/or revoking the conditional use permit.

      2.   Prior to the revocation of a conditional use permit or the denial of an application to renew a conditional use permit, the permit holder shall be given a notice which shall state in substance that the Planning Commission intends to revoke the conditional use permit or deny the application to renew it, together with the reason or reasons therefor, at a regular or special meeting of the Planning Commission (which shall be at least 10 days and not more than 30 days from the date notice is sent) and the permit holder shall have a right to appear, to be represented by counsel, to hear the evidence against him/her, to cross examine witnesses and to present evidence as to why the permit should not be revoked or the application denied.

      3.   Subsection J2 of this section shall not apply to original applications for conditional use permits which have not previously been issued or approved by the Planning Commission, and such applicants need only be informed that their application has been denied and the reasons for such denial.

   K.   Permit Review: Conditional use permits may be reviewed annually or at other intervals as stipulated by the Planning Commission.

   L.   Dog Kennel Conditional Use Permits; Special Provisions 1 :

      1.   Each permit shall be granted for a maximum of one calendar year, and shall expire on December 31 of the year in which it is granted, subject to renewal during January of the following year; provided, however, that with respect to any permit granted after July 1 of any year, the Planning Commission may provide for an expiration date of December 31 of the following year.

      2.   Any public hearing relating to an application for a dog kennel conditional use permit shall be subject to the provisions of subsection E of this section. (Ord. 18-01, 1-16-2018)

In addition to complying with requirements stated in this chapter, each applicant for a conditional use permit to allow land leveling, topsoil mining, mines, quarries and gravel pit operations shall comply with the requirements and provisions of title 7, chapter 3 of this Code, to the extent applicable, prior to being granted any conditional use permit for a proposed land leveling, topsoil mining, mines, quarries and/or gravel pit operation. (Ord. 18-01, 1-16-2018)