The purpose of a provisional use permit is to provide the city and its residents with certainty relating to the impacts of specified uses upon the general welfare, public health and safety. In making this determination, the planning and zoning administrator shall evaluate the proposed use with those standards as are clearly specified within this title in determining the effect of the use on the general welfare, public health and safety. (Ord. 2004-40, 1-3-2005)

Any person owning real estate or having documented interest therein, may initiate a request for a provisional use permit for said real estate in conformance with the provisions of this title. (Ord. 2004-40, 1-3-2005)

   A.   Request For Permit: Request for provisional use permits shall be filed with the city on an official application form. Such application shall be accompanied by a fee as established by the city's fee schedule. The city, after receipt and review of the application, shall have the authority to request additional information from the applicant which it deems is necessary for a proper review by the planning and zoning administrator. Review and determination by the planning and zoning administrator shall occur no later than sixty (60) days from the date of full application. (Ord. 2004-40, 1-3-2005; amd. Ord. 2007-30, 1-7-2008, eff. retroactive to 1-1-2008)

   B.   Proof Of Ownership Or Authorization: The applicant shall supply proof of title and the legal description of the property for which the provisional use permit is requested, which proof of title must be satisfactory to the city.

   C.   Consideration Of Provisional Use: The planning and zoning administrator shall consider possible adverse effects of the proposed provisional use. Judgment shall be based upon those factors identified within this title.

   D.   Additional Information: The planning and zoning administrator shall have the authority to request additional information from the applicant or to retain expert testimony with the consent and at the expense of the applicant in making his/her determination. Failure by the applicant to supply all necessary supportive information may be grounds for denial of the request.

   E.   Determination By Planning And Zoning Administrator: Approval of a request shall require written approval by the planning and zoning administrator. No provisional use shall be allowed without said approval. (Ord. 2004-40, 1-3-2005)

The provisional use permit and the stipulations, limitations and conditions therein shall be applied to the property in question. (Ord. 2004-40, 1-3-2005)

Where applicable, unless otherwise specified by the planning and zoning administrator at the time it is authorized, a provisional use permit shall expire if the applicant fails to utilize such provisional use permit and fulfill each and every provision attached thereto within one year from the date of its authorization. (Ord. 2004-40, 1-3-2005)

Any person or persons or any taxpayer, department, board or bureau of the city aggrieved by the decision of the planning and zoning administrator shall have the right to seek review within forty five (45) days of the decision with the board of adjustment and appeals. (Ord. 2004-40, 1-3-2005)