In addition to the required building permit and certificate of occupancy and compliance and such other permits as my be required, a conditional use permit is required for certain land uses listed in the tables, or permitted uses allowed only by issuance of a conditional use permit.

(Ord. No. 99-4, § 16.1, 3-22-1999)

Application shall be made by the property owner, or a certified agent thereof, to the city planning commission on a form provided by the city clerk. The applicant shall submit sufficient maps, drawings and documents necessary for the planning commission to determine conformance with all the provisions of this chapter.

In considering an application for a conditional use permit, the planning commission shall give due regard to the nature and condition of all adjacent uses and structures. The planning commission may deny an application for a conditional use permit, or, in granting such a permit, may impose such requirements and conditions with respect to location, design, construction, maintenance, and operations as it may deem necessary for the protection of adjacent properties and the public interest.

(Ord. No. 99-4, § 16.2, 3-22-1999)

Upon receipt of an application for a conditional use permit, the planning commission shall schedule a public hearing on said application. Notice of the public hearing shall be published in a newspaper of general circulation in Paragould, not less than ten days prior to the date of said hearing. The public notice shall give the particular location of the property and the type of use for which the permit is requested. All other notice shall be provided as per section 46-433 of the Paragould Zoning Code, Ordinance No. 92-9, as amended. All costs associated with notification shall be borne by the applicant.

(Ord. No. 99-4, § 16.3, 3-22-1999)

The planning commission shall issue the conditional use permit provided it finds the following:

(1)

The proposed use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected.

(2)

The proposed land use is compatible with and will not adversely affect other property in the area where it is proposed to be located.

(3)

The proposed use is within the provision of "conditional uses" as set out in this section.

(4)

The proposed use conforms to all applicable provisions of the City Code for the zoning district in which it is to be located, and the use facilitates public convenience at that location.

(5)

The size and shape of the site, and the size, shape and arrangement of the proposed structures, are in keeping with the intent of the comprehensive plan and the City Code.

(6)

The internal street system, ingress or egress, off-street parking, loading and pedestrian ways will be efficient and safe.

(7)

Safeguards, including, but not limited to, hours and methods of operation, landscaping and screening, controlling noxious or offensive emissions, including lighting, noise, glare, dust and odor, are satisfactory.

(8)

Evidence that provisions for stormwater management do not result in adverse impacts on surrounding property

(9)

Landscaping, fencing and open space will be properly maintained by the owner/developer.

(10)

Proposed signs will be appropriate for the location and in accordance with the requirements of the existing City Code.

(11)

Public utilities are, or will be, available and will not be overloaded.

(12)

The planning commission may impose conditions and restrictions upon the premises as may be necessary to reduce or minimize the injurious effects of the conditional use, ensure compatibility with the surrounding property, and carry out the general intent of this article.

(Ord. No. 99-4, § 16.4, 3-22-1999; Ord. No. 2023-16, § 4, 5-22-2023)

A conditional use permit application fee shall be charged by the city building inspector or other designated entity in the amount set by the city council in article XXI of this chapter.

(Ord. No. 99-4, § 16.5, 3-22-1999)

In the case where any of the specific terms and conditions of a conditional use permit are violated, ignored or otherwise not observed the city inspector or other designated representative has the obligation and authority to revoke said permit. A ten day written notice shall be addressed to the applicant indicating the nature of the non-compliance and the applicant's right to file an official appeal to the board of zoning adjustment. If no appeal is filed within the ten day period, and the non-compliance has not been corrected the permit shall be revoked. Revocation of a conditional use permit for any use shall immediately constitute revocation of the applicant's right to conduct business, occupy, rent or otherwise use the subject property for the purpose originally permitted. The subject property shall revert to its use status prior to the issuance of the conditional use permit.

(Ord. No. 99-4, § 16.6, 3-22-1999)

Violation of the terms and conditions set forth in a conditional use permit and the continued unlawful use of a facility after revocation has been accomplished in accordance with section 46-376 above, shall constitute a violation of the zoning ordinance and subject to the penalty clause provisions set forth in section 46-561 of this chapter.

(Ord. No. 99-4, § 16.7, 3-22-1999)