Recognizing that there are certain uses of property that may not be, in the opinion of the City Council, detrimental to the public health, safety, morals and general welfare depending upon the facts in each individual case, a limited power to issue conditional use permits for certain uses is hereby vested in said City Council acting as a planning and zoning commission.

(2007 Code)

Every person who seeks a conditional use permit as provided herein shall meet with the City Clerk prior to submission of an application for a conditional use permit. The purpose of this meeting is to discuss informally the purpose and effect of the zoning ordinance, and the criteria and standards contained therein.

(2007 Code)

A.

Submission forms; fees: Submission of the conditional use permit shall be on a form prescribed by the City Clerk, and the application and required fee, set by resolution of the City Council, shall be paid to the City Clerk. The application shall contain and be accompanied by the following information:

1.

An accurate scale drawing of the site including any affected adjacent property and showing the location of all existing and proposed structures, the maximum dimensions of all existing and proposed buildings, streets, easements, property lines, setbacks, driveways, pedestrian walkways, off street parking and off street loading facilities and landscaped areas, buffering or other similar elements of site design.

2.

A physical description of all buildings and architectural drawings of all proposed buildings showing height, dimensions, design, exterior finish and other appropriate aspects of the building.

3.

An ownership list prepared by a person or entity with appropriate expertise in the preparation of ownership lists, including a title company, or a list obtained through the county assessor's office, and shall list the boundaries of the property described in the application, using the last known name and address of such owners as shown on the latest adopted tax roll of the county. The list will identify property owners within the subject property and within a radius of 300 feet from the external boundaries of the property described in the application.

4.

Letters of approval from the highway district, fire district and water or sewer district and other appropriate agencies, if applicable.

B.

Submission for hearing: The completed form and documents shall be submitted to the City Clerk not later than 25 days prior to the date of a regular City Council meeting where a public hearing to consider the request for the conditional use permit can be set. The completed application shall be deemed accepted for the 25-day processing period as of the date when all plans and information have been filed, checked and accepted as complete by the City Clerk.

C.

Public hearing: After receiving a complete application, including fees, the City Clerk shall set the time, place and date of the public hearing, shall publish notice thereof once in the official newspaper of the City at least 15 days before the hearing and shall notify by mail, at least 15 days before the hearing, all property owners within 300 feet of the property. Said notice shall state the time and place of hearing, a brief description of the request for a conditional use permit and state that a copy of the application for a conditional use permit is on file with the City Clerk for public inspection.

D.

Approval of permit: A conditional use permit may be approved only if the proposal conforms to all of the following criteria, to the satisfaction of the City Council acting as the planning and zoning commission:

1.

The location, size, design and operational characteristics are compatible with and do not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood, with consideration to scale, bulk, site, coverage, and density.

2.

The proposal will not be detrimental to the neighborhood character.

3.

The proposed use is a permitted use as defined under the zoning regulations.

4.

Generation of traffic and the capacity of the surrounding streets to handle traffic will not result in a detrimental impact to surrounding streets and neighborhood.

5.

The location, design and planning of the site and proposed building provide a convenient and functional environment, and are as attractive as the nature of the use and its location and setting warrant.

6.

The appropriate regulations of the City and of other affected agencies have been met.

(2007 Code)

A.

Adherence to plans: A conditional use permit shall be subject to, and all development thereunder shall adhere to, the plans upon which the conditional use permit was granted and any conditions placed thereon.

B.

Term: The permit shall terminate one year from the date it is approved by the City Council acting as the planning and zoning commission unless substantial development or actual commencement of construction has begun. However, such period of time may be extended by the City Council for one additional year, without public notice, upon written request filed by the applicant at any time before the permit has expired.

C.

WCF permit: A conditional use permit shall be required for the location of a wireless communication facility (WCF) in any zone or overlay zone. In addition to the general requirements for a conditional use permit, the specific requirements found herein for a WCF shall apply. The City Council shall evaluate every application for a conditional use permit for a WCF on a case by case basis.

D.

Revocation of permit: In the event of a violation of any of the provisions of this title, or in the event of a failure to comply with any portions of the permit approved or conditions placed thereon, the City Council, acting as the planning and zoning commission, may, after notice and hearing as herein provided, revoke any conditional use permit.

(2007 Code)