(a)

Delegation of power. The city council shall decide whether conditional use permits shall be granted only after having received a recommendation from the planning and zoning commission. In no event shall a conditional use permit be granted where the proposed use is not authorized by the terms of this article, or where the standards of this article are not found to exist.

(b)

Conditions and guarantees. Prior to the granting of any conditional use permit, the planning and zoning commission or city council may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use permit as is deemed necessary for the protection of the public interest and to secure compliance with the standards and conditions contained herein. In all cases in which a conditional use permit is granted, the planning and zoning commission may recommend or the city council may require such evidence and guarantees as may be deemed necessary to ensure that the conditions stipulated are being, and will be, fully complied with.

(c)

Conditional use permits in residential districts. In no event shall conditional use permits in residential districts be transferable from an owner-applicant to a subsequent owner of the subject real estate or structure.

(Code 1987, app. A, § 71; Ord. No. 7365, § 1(part), 2-5-2001)

(a)

Application. A written application for a conditional use permit shall be filed with the zoning administrator by the operator/owner of the proposed land use and shall include a statement indicating the section of the ordinance under which the permit is sought, the grounds upon which it is requested, and sufficient evidence to show that the use will conform to the standards set forth. The application shall be accompanied by an area map and site plan of the subject property.

(b)

Fees. Every application for a conditional use permit shall be subject to a filing fee as established by the city council.

(c)

Site plan. All applicants for a conditional use permit shall submit with their application ten copies of a development plan for the property which shall include the following:

(1)

A site plan showing:

a.

Approximate size and locations of all structures.

b.

Access from streets.

c.

Parking arrangements and numbers of spaces.

d.

Interior drives and service areas.

e.

Landscaped areas.

f.

All proposed signs.

(2)

Location map showing development and zoning of adjacent property within 100 feet.

(3)

The full legal description of the boundaries of the development area.

(4)

A description of the general character of all structures.

(d)

Hearing. Upon receipt of the formal application and all accompanying material, the zoning administrator shall call a public hearing for the next scheduled meeting of the planning and zoning commission; provided, however, that notice must be published in a newspaper of general circulation at least 15 days prior to the date set for hearing. The planning and zoning commission shall submit a recommendation to their city council within 30 days after the close of the public hearing.

(e)

Findings. In making a recommendation to the city council, the planning and zoning commission shall specify the particular grounds relied upon and their relation to the proposed use and shall make affirmative findings that the proposed use conforms with the general standards set forth in this article. In no case shall a conditional use permit be granted if the proposed use will constitute a nuisance or a public health or safety hazard to adjacent properties or to the community at large.

(f)

Action by city council. The city council shall consider the planning and zoning commission's recommendation at the next regularly scheduled city council meeting for which the agenda item can be docketed. The city council shall consider the recommendation of the planning and zoning commission and act in accordance with the procedures for amending zoning district boundaries. If the city council fails to act upon a recommendation within 120 days from the receipt thereof, the application shall be deemed to have been denied.

(Code 1987, app. A, § 72; Ord. No. 7365, § 1(part), 2-5-2001)

Before any permit shall be granted, the planning and zoning commission shall make written findings certifying that adequate provision has been made for the following:

(1)

The location and size of the proposed use in relation to the site and to adjacent sites and uses of property, and the nature and intensity of operations proposed thereon.

(2)

Accessibility of the property to police, fire, refuse collection and other municipal services; adequacy of ingress and egress to and within the site; traffic flow and control; and the adequacy of off-street parking and loading areas.

(3)

Utilities and services, including water, sewer, drainage, gas, and electricity, with particular reference to location, availability, capacity and compatibility.

(4)

The location, nature, and height of structures, walls, fences, and other improvements; their relation to adjacent property and uses; and the need for buffering or screening.

(5)

The adequacy of required yard and open space requirements and sign provisions.

(6)

The general compatibility with adjacent properties, other properties in the district, and the general safety, health, comfort and general welfare of the community.

(Code 1987, app. A, § 73; Ord. No. 7365, § 1(part), 2-5-2001)

In granting a conditional use, the city may impose such conditions, safeguards and restrictions upon the premises to reduce or minimize any potential injurious effect of such conditional uses upon other property in the neighborhood, and to carry out the general purpose and intent of this article. The use standards specified for the uses listed in article III of this chapter shall also be requirements for the approval of a conditional use permit.

(Code 1987, app. A, § 74; Ord. No. 7365, § 1(part), 2-5-2001)

(a)

Sunset. A conditional use permit shall expire, upon public hearing, unless a building permit is taken within 12 months to effectuate such specially permitted use; or if no building permit is required, evidence of use is filed with building inspector.

(b)

Abandonment. Once a conditionally permitted use ceases or is abandoned for a period of more than 12 months, the conditional use permit shall expire upon public hearing; except that the conditional use permit for an auto salvage yard shall automatically expire if the state license for operating the auto salvage yard lapses for a period of time more than six months.

(c)

Home occupation. A conditional use permit for a home occupation shall not be transferable to a new owner of the real estate.

(Code 1987, app. A, § 75; Ord. No. 7365, § 1(part), 2-5-2001)

By resolution, the city council is authorized to temporarily suspend the requirement of a conditional use permit for short-term housing rentals in all zoning districts and authorize short-term housing rentals as permitted uses in all zoning district during special events for a term not to exceed ten days.

(Ord. No. 9668, § 1, 9-7-2021)