Uses designated as conditional uses require special consideration from the City Council. These uses may or may not be appropriate for a specific piece of property. The purpose of this Article is to allow the City Council to evaluate the appropriateness of designated conditional uses on a case by case basis. The conditional use permit procedure allows the City Council to approve, deny or conditionally approve any request for a conditional use permit.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

Effective on: 1/1/1901

No person or entity shall operate or conduct a use designated as a conditional use within the applicable zone without first obtaining a conditional use permit from the City.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

Effective on: 1/1/1901

1. Application. The applicant shall submit a completed application form and a site plan complying with the requirements of Section 22-14-20 to the Department of Development Services. In addition to the site plan, the applicant shall submit a written narrative which shall include, but not be restricted to, the following: the type of business proposed, hours and days of operation, square footage of buildings on the site, square footage used by the conditional use permit, and if the conditional use is for educational services, then the narrative shall include the number of teaching stations, number of employees, the number of students for each teaching station, and the hours for each teaching station. Additional information the Development Review Committee finds pertinent to a project can also be required for submission. The applicant shall also pay a fee in an amount established by resolution of the City Council with the application.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0015, Amended, 02/25/1997; Ord. No. O-01-0021, Amended 06/12/2001)

2. Development Review Committee. The Department of Development Services shall forward the proposed site plan to the Development Review Committee. The Development Review Committee shall review the proposed site plan to determine if it complies with the City Master Plan and with all City ordinances, resolutions and policies. If the proposed site plan is found to comply, it shall be forwarded to the Planning Commission for review. No proposed site plan for a conditional use permit shall be forwarded to the Planning Commission unless and until it complies with the City Master Plan and with all current City ordinances, resolutions and policies.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

3. Planning Commission. The Planning Commission shall review the proposed site plan while considering the factors set forth in Section 22-4-4. The Planning Commission shall act as a recommending body to the City Council on conditional use permit applications, and shall recommend approval, denial, or approval with specified conditions.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

4. City Council. The City Council shall be the final approving authority for all applications for conditional use permits. The City Council shall review the proposed site plan while considering the items set forth in Section 22-4-4. The application for a conditional use permit shall either be approved, denied or approved with conditions. The validity of the permit shall be conditioned upon strict compliance with applicable City ordinances, the approved site plan and any additional conditions or requirements imposed by the City Council.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

Effective on: 1/1/1901

The following factors shall be weighed and considered when determining whether a conditional use permit application should be approved, denied, or approved with conditions:

1. Harmony of the request with the general objectives of the Master Plan, the Zoning Ordinance, and the particular zone in which the request is located.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

2. Harmony of the request with existing uses in the neighborhood.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

3. Development or lack of development adjacent to the site.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

4. Whether or not the request may be injurious to potential development in the vicinity.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

5. Present and future requirements for transportation, traffic, water, sewer and other utilities.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

6. Suitability of the specific property for the proposed use.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

7. Number of other similar conditional uses in the area and the public need for the conditional use.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

8. Economic impact on the neighborhood.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

9. Aesthetic impact on the neighborhood.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

10. Safeguards afforded to prevent noxious or offensive omissions such as noise, glare, dust, pollutants and odor.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

11. Attempts by the applicant to minimize other adverse effects on people and property in the area.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

12. Impact of the proposed use on the health, safety and welfare of the City, the area, and persons owning or leasing property in the area.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

Effective on: 1/1/1901

Unless otherwise specified by the City Council, and subject to the provisions in this Article relating to the amendment or revocation of a conditional use permit, a conditional use permit shall be of indefinite duration and shall run with the land. The City Council may grant a conditional use permit for a limited period of time, or grant a conditional use permit that will be subject to review at a later date(s), if it finds that a limited permit is necessary to protect the health, safety or welfare of the community.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

Effective on: 1/1/1901

An applicant or user of a conditional use permit shall be held to all of the requirements relating to site plan approval, improvement, bonding, maintenance and completion set forth in Section 22-14-20. The conditional use permit shall not be valid until the required bond has been posted. Nothing in this Article shall be interpreted to waive the bonding, licensing or permit requirements set forth in other City ordinances.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

Effective on: 1/1/1901

A conditional use permit shall expire and become null and void if the permit has not been implemented by the recipient within one year of the date of approval. The permit shall be considered implemented if the recipient either engages or participates in the conditional use or completes substantial construction on the project for which the permit was granted.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

Effective on: 1/1/1901

1. Interested party. Any interested party may apply to the City for the amendment or revocation of a conditional use permit. For purposes of this section, "interested party" shall include the following persons or entities:
   1. The owner or lessee of the property for which the conditional use permit was granted.
   2. The City.
   3. Any owner or lessee of property that lies within two hundred feet (200') of the property for which the conditional use permit was granted.
   4. Any person that can show that the conditional use has a direct impact on his or her health, safety or welfare.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

2. Fee. Any person or entity, other than the City, seeking to amend or revoke a conditional use permit, shall pay a fee in an amount established by resolution of the City Council.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

3. Procedure. The procedure for amending or revoking a conditional use permit shall be the same as the original application procedure set forth in Section 22-4-3.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

4. Justification. A conditional use permit may be amended at the request of the holder of the permit upon a showing of good cause. A conditional use permit may be amended or revoked at the request of any other interested party if the City Council finds one or more of the following:
   1. That the conditional use permit was obtained by misrepresentation or fraud.
   2. That the use for which the permit was granted has ceased or has been suspended for six months.
   3. That the holder or user of the conditional use permit has failed to comply with any of the conditions placed on the issuance of the permit.
   4. That the holder or user of the conditional use permit has failed to comply with any City, State or Federal law governing the conduct of the use.
   5. That the holder or user of the conditional use permit has failed to construct or maintain the site as shown on the approved site plan.
   6. That the operation of the use or the character of the site has been found to be a nuisance or a public nuisance by a Court of competent jurisdiction in any civil or criminal proceeding.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

5. Hearing. No conditional use permit shall be amended or revoked against the wishes of the holder or user of the permit without first giving him or her an opportunity to appear before the City Council and show cause as to why the permit should not be amended or revoked. Amendment or revocation of the permit shall not limit the City's ability to initiate or complete other legal proceedings against the holder or user of the permit.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

Effective on: 1/1/1901

A violation of any of the terms of this Article or of any conditions imposed as part of a conditional use permit shall be unlawful, and may be remedied and/or punished as set forth in Sections 22-1-3 and 22-1-6.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

Effective on: 1/1/1901