(a)

Building permits required. No building or other structure shall be erected, moved, added to or structurally altered without a permit therefore issued by the Building Official. A building permit shall not be issued except in conformity with the provisions of this article, unless otherwise authorized in written order from the Board in the form of an Administrative Review of Variance, as provided by this chapter.

(b)

Applications, building permits and certificates of zoning compliance.

(1)

All applications for building permits shall be accompanied by site plans in triplicate, drawn to scale, showing the actual dimensions and shapes of the lot to be built upon, the dimensions of the proposed building, if any, already existing on the lot, and the location and dimension of the proposed building, structure or alteration. The application will serve as a basis for issuing both the building permit and the certificate of zoning compliance and occupancy. It shall include such information as lawfully may be required by the Zoning Administrator, including existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lots and on abutting and adjacent properties; parking, where required; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter.

(2)

One copy of the plan shall be returned to the applicant by the Zoning Administrator, after he and the Building Official have marked such copy either as approved or disapproved, and attested to same by their signatures on such copy. Two of the copies of the plans, similarly marked, shall be retained by the Zoning Administrator.

(3)

The Building Official shall be empowered to act within the provisions of this article upon all applications for building permits, and the same shall be approved or denied not later than the fifth business day succeeding the day of filing. In the event of refusal to issue a permit upon application, as herein provided, applicant may perfect an appeal to the Board as provided for hereafter.

(4)

There shall be separate permits for each building or structure to be constructed, erected or altered, except accessory buildings and appurtenances which may be included in the permit for the main building when construction is simultaneous.

(c)

Certificates of zoning compliance and occupancy.

(1)

It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, nor will permanent utility connections to serve the premises be made, until a certificate of zoning compliance shall have been issued therefore by the Zoning Administrator, stating that the proposed use of the land conforms to the requirements of this chapter.

(2)

A temporary certificate of zoning compliance may be issued by the Zoning Administrator for a period not to exceed six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

(3)

The Zoning Administrator shall maintain a record of all certificates of zoning compliance, which shall be open to public inspection.

(4)

Failure to obtain a certificate of zoning compliance shall be a violation of this article and punishable under the provisions of this chapter.

(d)

Building permit becomes invalid. If the work described in any building permit has not begun within six months from the date of the issuance thereof, said permit shall be canceled by the Building Official, and written notice thereof shall be given to the persons affected.

(e)

Conformity of construction and use. A building permit may be revoked by the Building Official at any time prior to the completion of the building or structure for which the same was issued, when it shall appear that there is departure from the plans, specifications or conditions as required under the terms of the permit; that the same was procured by false representation; was issued by mistake or that any of the provisions of refusal or neglect of any owner, agent contractor or duly authorized representative to secure such permit and pay the prescribed fee therefor, as herein provided, the Building Official may issue a stop order; provided, however, 24 hours' written notice of such revocation or order to stop shall be served upon the owner, his agent or contractor, or upon any persons employed upon the building or structure for which such permit was issued, and thereafter no such construction shall proceed. A building permit may be revoked within one year at any time by the Building Official.

(f)

Completion of buildings. Nothing herein contained shall require any change in the plans, construction or designated use of a building, the foundation for which has been completely constructed at the time of the adoption of the ordinance from which this chapter is derived, and the remaining construction of which shall have been completed within one year of the date of the adoption of the ordinance from which this chapter is derived. In addition, any commercial or industrial building or structure, for which a building permit has been approved by the City not more than 12 months prior to the date of the adoption of the ordinance from which this chapter is derived, may be constructed according to the terms of the building permit.

(Ord. of 4-4-1983, § 7)

(a)

Division of City into zoning use districts. For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, moving or use of buildings, structures or land, all lands within the corporate City limits are hereby divided into the following districts:

(1)

District A-O, Agriculture and Open Space District.

(2)

District R-1, Single- and Two-Family Dwelling District.

(3)

District R-2, Multifamily Dwelling District.

(4)

District R-3, Manufactured Housing District.

(5)

District C-1, Commercial, Office and Professional District.

(6)

District C-2, Neighborhood Business District.

(7)

District C-3, General Business District.

(8)

District M-1, Light Industrial District.

(9)

District M-2, Heavy Industrial, including Agricultural Industry District.

Any use not listed herein may be placed in a suitable zoning use district classification by the City Council, after recommendation from and by the Planning and Zoning Commission.

(b)

Official zoning map.

(1)

The City is hereby divided into the above districts, as shown on the zoning map, which is hereby adopted by reference and declared to be a part of this article. If amendments are made in district boundaries, such changes shall be entered on the zoning map promptly after the amendment has been approved by the City Council. No amendment to this article, which involves matter portrayed on the zoning map, shall become effective until after such change has been made on the zoning map.

(2)

No changes shall be made on the zoning map except in conformity with the procedures set forth in this article. Any unauthorized change of any kind by any person shall be considered a violation of this chapter and punishable under same.

(3)

The official zoning map shall be located in City Hall and shall be the final authority as to the current zoning status of land thereon.

(4)

In the event that the zoning map becomes damaged, destroyed, lost or difficult to interpret, the City Council may, by resolution, adopt a duplicate zoning map. The duplicate zoning map may correct drafting or other errors or omissions in the prior zoning map, but no such corrections shall have the effect of amendment. The prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.

(c)

Rules for interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following City limits shall be construed as following City limits.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main tracks.

(5)

Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(6)

Boundaries indicated as parallel to or extensions of features indicated above shall be so construed. Distances not specifically indicated on the zoning map shall be determined by the scale of the map.

(7)

Where physical or cultural features existing on the ground are at variance with those shown on the zoning map, or in other circumstances not covered by the above, the Commission shall interpret the district boundaries.

(8)

When streets or alleys on the ground differ from streets or alleys shown on the zoning map, the Commission shall apply the district designations on the map to the streets or alleys on the ground in such a manner as to conform to the intent and purpose of this chapter.

(9)

Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall be automatically extended to the centerline of any such street or alley.

(10)

In unsubdivided property, the district boundary lines on the map accompanying and made a part of this chapter shall be determined by the use of the scale appearing on the map.

(11)

In subdivided property, where a district boundary line divides property into two parts, the district boundary line shall be construed to be the property line nearest the district boundary line as shown.

(12)

If none of the rules in subsections (c)(1) through (11) of this section apply, the Commission shall determine the location of the district boundary, with final approval from the City Council.

(d)

Application of district regulations.

(1)

The regulations set by this article within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

(2)

No building, structure or land shall hereafter be used, constructed, reconstructed, moved or structurally altered except in conformity with the regulations herein specified for the district in which it is located.

(3)

No part of a yard, open-space, off-street parking or loading space required shall be included as part of a yard, open-space, off-street parking or loading space similarly required for any other building or use.

(4)

In no case shall there be more than one main building on one lot except as provided herein.

(5)

All of the regulations stated above shall also apply to annexed territory.

(Ord. of 4-4-1983, § 8)

Any territory hereafter annexed to the City shall be classified for A-O Agriculture and Open Space District only unless otherwise determined by the Planning and Zoning Commission and City Council at the time of annexation. Within six months from the date of annexation, the newly annexed territory shall be rezoned by the City Council for a land use consistent with the comprehensive plan and on the recommendation of the Planning and Zoning Commission. In an area classified A-O, no person shall construct, enlarge, move, alter or demolish any building or structure without first obtaining a building permit from the Building Official as required in applicable City ordinances.

(Ord. of 4-4-1983, § 9)

Except as hereinafter specified, any use, building or structure existing at the time of the enactment of the ordinance from which this chapter is derived may be continued, even though such use, building or structure may not conform with the provisions of the ordinance from which this chapter is derived for the district in which it is located; provided, however, that this section shall not apply to any use, building or structure established in violation of any zoning ordinance previously in effect in the City.

(1)

Nonconforming uses continued or changed. The right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and regulations reasonably protecting adjacent property.

(2)

Conditional uses. Any use existing on the date of the adoption of the ordinance from which this chapter is derived, which is listed as a conditional use in the district in which it is located, shall be and shall remain a nonconforming use until a conditional use permit is obtained as provided in this chapter.

(3)

Alteration of nonconforming uses. No existing building or premises devoted to a use that is not permitted by this chapter in the district in which such building or premises is located, shall be enlarged, except when required to do so by law or order, unless the use thereof is changed to a use that is permitted in the district in which such building or premises is located, and except as follows:

a.

When authorized by the Board in accordance with the provisions for same, an extension of a nonconforming use may be made.

b.

Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

c.

When authorized by the Board in accordance with the provisions for same, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date on which such use of said building became nonconforming, if no structural alterations, except those required by law or order, are made therein.

d.

When authorized by the Board in accordance with the provisions for same, enlargement or completion of a building devoted to a nonconforming use may be made upon the lot occupied by such building, where such extension is necessary and incidental to the existing use of such building and does not exceed 25 percent of its area of nonconformity.

(4)

Cessation of use of building or land. For the purposes of the subsections (4)a through c of this section, a use shall be deemed to have ceased when it has been discontinued for 12 months, whether with intent to abandon said use or not.

a.

No building or structure shall again be put to a nonconforming use, where such use has ceased for 12 months or more.

b.

The use of land, without buildings, which does not conform to the provisions of this article shall be discontinued within one year from the enactment of the ordinance from which this chapter is derived.

c.

All signs, billboards and lots used for storage that do not require a building, made nonconforming by the ordinance from which this chapter is derived or amendments thereto, shall be removed within one year from the date of adoption of the ordinance from which this chapter is derived or amendments thereto.

(5)

Construction approved prior to enactment of the ordinance from which this chapter is derived. Nothing herein contained shall be construed to require any change in the overall plans, construction or designated use of any development, structure or part thereof, where official approval and the required building permits were granted before the enactment of the ordinance from which this chapter is derived or any amendments thereto and where construction thereof, conforming with such plans, shall have been started prior to the effective date of the ordinance from which this chapter is derived or such amendment and, where such construction shall have been completed in a normal manner within the subsequent six-month period, with no interruption, except for reasons beyond the builder's control.

(6)

Repair of unsafe buildings. Nothing in this chapter shall be construed to prohibit the strengthening or repair of any part of any building or structure declared unsafe by proper authority.

(7)

Damage or destruction. Any nonconforming structure which is damaged more than 50 percent of its then-appraised tax value above the foundation by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God, shall not be restored or reconstructed and used as it was before such happening. If such structure is damaged less than 50 percent of its then-appraised tax value above the foundation, it may be restored, reconstructed or used as before, provided that such restoration or reconstruction is completed within 12 months of the damaging event, the 12 month period not including any necessary litigation.

(8)

Repairs and maintenance. A nonconforming structure may be repaired and maintained as necessary to keep it in sound condition, but no structural alterations shall be made unless required by law or order, or authorized by the Board. Except as otherwise provided in this article, the total structural repairs and alterations that may be made to a nonconforming structure shall not, during its life subsequent to the date on which it became a nonconforming structure, exceed 50 percent of its appraised value for tax purposes at such time.

(9)

Moving of nonconforming structures or buildings. No nonconforming building or structure shall be moved in whole or in part to any other location on the lot or on any other lot, unless every portion of such building or structure is made to conform to all the regulations of the district in which it is located.

(Ord. of 4-4-1983, § 10)

(a)

Purpose. It is the purpose of this section to state the guidelines for providing off-street parking and loading space consistent with the proposed land use in order to:

(1)

Eliminate occurrence of nonresident on-street parking in adjoining neighborhoods;

(2)

Avoid the traffic congestion and public safety hazards caused by failure to provide such parking and loading space; and

(3)

Expedite the movement of traffic on public thoroughfare by prohibiting curb parking.

(b)

General requirements for off-street parking.

(1)

Off-street parking spaces required. In all districts, for every use, there shall be provided at the time any building or structure is erected or enlarged in capacity, or at the time any other use is established, off-street parking spaces for automobiles in accordance with the requirements specified herein.

(2)

Dimensions and access. Each off-street parking space shall have an area of not less than ten feet by 20 feet and/or 200 square feet, exclusive of access drives or aisles, and shall be of usable shape and condition. Each parking space and the maneuvering area thereto shall be located entirely upon private property. There shall be adequate provision for ingress and egress to all parking spaces, without backing into public right-of-way, except for single-family and duplex dwellings. Entrances to and exits from parking areas from a street shall be no greater than 35 feet in width.

(3)

Off-premises location. For any new use, building or structure where the required off-street parking cannot be provided on the premises because of the size or location of the lot, such parking may be provided on other property under the same ownership, but not more than 200 feet in distance from the building site, and provided that the proposed parking area is located in a district where parking lots are permitted. Where individual land parcels are not large enough to permit off-street parking, the owners of several such adjacent parcels may be required to make a financial contribution sufficient to permit the joint development of required parking space nearby to serve traffic generated by the several land uses.

(4)

Number of off-street parking spaces required. The number of off-street parking spaces required shall be determined from this section. The classification of uses referred to shall be deemed to include and apply to all uses. If for any reason the classification of any use, for the purpose of determining the amount of off-street parking space to be provided by such use, is not readily determinable hereunder, the classification and requirements for such use shall be determined by the Commission, with approval from the Council.

(5)

Development and maintenance of parking area. Every parcel of land hereafter used as public or private parking area, including commercial parking lots, automobile, farm equipment, mobile home trailer or other open-air sales lots, and which is adjacent to an "R" district, shall be developed and maintained in accordance with the following requirements:

a.

Barriers. All commercial, industrial and multifamily off-street parking areas, except access ways, shall be separated from the street right-of-way by a barrier curb or tire stop.

b.

Surfacing. Except as otherwise provided, all off-street parking areas for more than three cars shall have dustless, all-weather surfacing. If asphalt or cement pavement is used, it shall be consistent with City paving standards and subject to the approval of the City Engineer and shall be installed, maintained and so graded and drained as to dispose of surface water accumulated within the area. Parking spaces will be so arranged and marked (in paved areas) as to provide for orderly and safe parking of vehicles.

c.

Lighting. Any lighting used to illuminate any off-street parking area shall be arranged so as to direct or shield the light away from the adjoining premises in any "R" district.

d.

Review by City Engineer. Off-street parking areas, including ingress and egress to said parking areas for more than five vehicles, shall be reviewed by the Zoning Administrator for compliance with this section prior to the issuance of a building permit, and the City Engineer shall advise the Zoning Administrator on such compliance as necessary.

(c)

Residential parking required.

(1)

One parking space per dwelling unit shall be provided for the following, with the parking area located on the same lot as the main building, except as otherwise provided herein:

(2)

Two parking spaces per dwelling unit shall be provided for each of the following, with the parking area located on the same lot as the main building, except as otherwise provided herein:

a.

Apartments (more than two);

b.

Apartment hotels;

c.

Other similar multifamily dwellings.

(3)

One parking space for each transient living unit plus one space for each two employees shall be provided in each of the following, with the parking area located on the same lot as the main building, except as otherwise provided herein:

(4)

One and one-half parking spaces for each person shall be provided in each of the following, with the parking area located on the same lot as the main building, except as otherwise provided herein:

a.

Dormitory, lodginghouse, boardinghouse or roominghouse;

b.

Other similar group quarters.

(5)

One parking space for each two employees (based on maximum employee shift), plus 1½ parking spaces for each four patient beds, plus one parking space for each staff doctor, shall be provided for the following, with the parking area located on the same lot as the main building, except as otherwise provided herein:

a.

Convalescent homes, homes for the aged or infirmed, or hospitals;

b.

All other similar institutions.

(d)

Nonresidential parking required.

(1)

One parking space for each three seats for patron use, plus one parking space for each two employees, shall be provided for each of the following, with the parking area located on the same lot as the main building, except as otherwise provided herein:

a.

Boardinghouse, private club, lunch counter or night club;

b.

Restaurants and all other similar dining and/or eating establishments, including drive-in eating establishments.

(2)

One parking space for each four seats, plus one parking space for each two employees, shall be provided for each of the following, with the parking area located on the same lot as the main building, except as otherwise provided herein:

a.

Churches;

b.

Funeral parlors;

c.

Theaters.

(3)

One parking space for each 300 square feet of gross floor area, plus one parking space for each two employees, shall be provided for the following, with the parking area located on the same lot as the main building, except as otherwise provided herein (add one 12-foot by 35-foot loading space for each 10,000 square feet of gross floor area in uses marked with an *):

a.

Banks and other financial and lending institutions;

b.

Gasoline and other motor fuel retail service stations;

c.

Personal service shops;

d.

Retail establishments, including retail food stores, catering services and bakeries;*

e.

Sales, display, customer or office areas in wholesale establishments;*

f.

Shopping center containing any combination of the above areas;*

g.

All office buildings;

h.

Medical and dental clinics and laboratories.

(4)

One parking space for each two employees, plus off-street drive and loading space for a minimum of four cars for the transferring of passengers, shall be provided for each of the following, with the parking area located on the same lot as the main building, except as otherwise provided herein:

a.

Day nurseries, day care centers or kindergartens;

b.

All other similar businesses.

(5)

One parking space for each two employees (based on maximum employee shift), plus at least two visitor parking spaces, shall be provided for all industrial uses, with the parking area located on the same lot as the main building, except as otherwise provided herein.

(e)

Additional parking requirements. The following uses, with respect to parking facilities, shall be determined only after review of a site plan by the City Engineer and Zoning Administrator, with approval from the Commission. The parking area will be located on the same lot as the main building, except as otherwise provided herein.

(1)

Airports, bus depots, truck terminals;

(2)

Motor vehicle sales or repair establishments;

(3)

Terminal facilities and all other personnel or material terminal facilities;

(4)

Any other establishments as may be deemed by the Commission.

(f)

General requirements for off-street loading.

(1)

Loading space for business or industry. Any business or industry that receives or distributes materials or merchandise by vehicle shall provide adequate off-street facilities for the loading and unloading of merchandise and goods within or adjacent to the building, in such a manner as not to obstruct freedom of traffic movement of the public streets, alleys or sidewalk, in accordance with the following requirements:

a.

Business uses. One loading space for each 5,000 square feet of floor area for the first 15,000 square feet of floor area.

b.

Industrial uses. One loading space for each 10,000 square feet of floor area.

(2)

A loading space shall contain a minimum of 420 feet and shall be approximately 12 feet in width and 35 feet in depth. All loading spaces, maneuvering aisles and driveways shall be paved.

(3)

The following rules shall be applied in computing the number of off-street loading spaces required for the above uses:

a.

Floor area shall mean the gross floor area of the use.

b.

Fractional spaces shall be rounded to the next higher whole space.

(4)

Whenever a building or use, existing on the effective date of the ordinance from which this chapter is derived, is enlarged by more than 50 percent in floor area or area used, the entire building or use shall then and thereafter comply with the off-street loading requirements, if not already doing so.

(Ord. of 4-4-1983, § 13)

(a)

Signs shall be permitted in a specified district as follows:

(1)

The size of a sign, for the purpose of this article, shall be measured from the outside dimensions of the sign and frame. A sign may have one or more display faces, unless otherwise specified.

(2)

As a special exception, the Board of Adjustment may permit such identification of the requirements of this section, according to the powers of the Board as specified herein, as may be found necessary to avoid inconvenience arising because of the location of existing structures or of topography. In no case may the Board authorize a private sign on or over public property.

(b)

Residential districts.

(1)

Customary home occupations may display a nameplate on the face of the building or porch. The nameplate may contain only the name and occupation of the resident. It shall be attached directly to, and parallel to, the face of the building or porch. It may not exceed one square foot in area, be illuminated in any way, or project more than six inches beyond the face of the building.

(2)

In R-2 districts, one nonilluminated sign not more than four square feet in area shall be permitted at each major entrance to the building, provided such sign shall be attached flat against the wall of said building, projecting not more than three inches therefrom, and shall bear no advertising.

(c)

Nonresidential districts.

(1)

Business signs may be erected in required front yards in C and M districts provided they do not extend on or over public property, do not interfere with visibility of vehicle operators, and do not contain flashing or intermittent lighting or movement that may distract vehicle operators.

(2)

A business sign or nameplate is permitted in C and M districts when listing only the name and address of the business and when displayed parallel with and on the face of the structure.

(Ord. of 4-4-1983, § 14)

(a)

Purpose. The purpose of the regulations described by this section is to allow the compatible and orderly development within the City of uses which may be suitable only in certain locations in a zoning district if developed in a specific way of only for a limited period of time.

(b)

Required. A conditional use permit is required for all conditional uses. A conditional use permit may have a specified time limitation attached and may impose conditions other than those which are specifically set forth in this chapter. Granting a conditional use permit does not exempt the applicant from complying with the requirements of all applicable building codes or other applicable ordinances.

(c)

Application filing procedure. Application shall be made by the property owner or certified agent thereof to the Zoning Administrator on a form prescribed for this purpose by the City. Application shall be accompanied by site plans as set forth in subsection (d) of this section.

(d)

Site plan required.

(1)

Purpose. The purpose of the site plan is to insure compliance with this chapter and to assist in the orderly and harmonious development of the City; to protect and enhance the general welfare; and to help prevent the impairment or depreciation of land values and development by the erection of structures, additions or alterations thereto, without proper attention to site planning.

(2)

Recording. The applicant shall file with the Zoning Administrator three copies of his site plan. The Zoning Administrator shall keep one copy in his files. The duplicate copies shall be used during the investigation of the case and for review by the Commission in the event a hearing is required.

(3)

Contents. The site plan shall contain drawings, to scale in triplicate, to indicate the following:

a.

The location of all structures on the subject property and on adjoining property.

b.

Landscaping and/or fencing of yards and setback areas and uses of landscaping and/or walls or fences for screening purposes.

c.

Design of ingress and egress to minimize interference with traffic flow on abutting streets.

d.

Off-street parking and loading facilities.

e.

Height of all structures.

f.

Proposed uses.

g.

The location and types of all signs, including lighting and heights.

(e)

Guidelines for approval.

(1)

The Commission and/or Council may approve a conditional use permit, subject to appropriate conditions and safeguards when it is found that the proposed use:

a.

Meets all the minimum standards established in this chapter for this type of use.

b.

Is in harmony with the purpose and intent of this chapter and of the plan for the physical development of the district, as embodied in the Comprehensive Plan or part thereof adopted by the Commission.

c.

Will not be detrimental to the health, welfare and safety of the surrounding neighborhood or its occupants nor be substantially or permanently injurious to neighboring property.

(2)

The Commission and/or Council may impose additional, reasonable restrictions or conditions to carry out the spirit and intent of this chapter and to mitigate adverse effects of the proposed conditional use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, suitable landscaping and additional improvements, such as curbing and sidewalks.

(f)

Approval procedure.

(1)

The following procedure shall be complied with prior to the approval or denial of any conditional use permit:

a.

Within five days after receiving an application for a conditional use permit, notification of such request, by mail, shall be made to all owners of real property living within 200 feet of the property on which application has been made. The names and addresses of the affected parties shall be supplied by the Zoning Administrator. The applicant shall supply the envelopes and stamps and will have to address all envelopes. (Note: letters will be mailed by the Zoning Administrator from City Hall to ensure proper notification to all affected parties.)

b.

The Commission may, if no adverse response to the notification mentioned in subsection (f)(1) of this section is received within ten days, set the appropriate conditions for the permit, if any, and approve issuance of same upon agreement by the applicant.

c.

If there is a negative response, the Commission shall approve or deny the same and a report of such action, together with a recommendation for final approval or denial, shall be made by the Commission to the City Council.

d.

Before acting upon any application for a conditional use permit, the City Council shall set a time and place for a hearing thereon, following the regular public notification process. Notice of hearing shall be published at least one time in a newspaper of general circulation in the City not less than 30 days prior to the date of the hearing. (Note: individual notice by mail will not be required.)

e.

Upon the date of the final hearing of such application for a conditional use permit, the Council shall approve or deny same with appropriate conditions attached, if any.

f.

Said conditions may include, but are not limited to, location, construction, maintenance and operation, in addition to those expressly stipulated in this chapter for the particular use, as may be deemed necessary for the protection of adjacent properties and the public interest.

(2)

Permit issuance. A conditional use permit shall be issued by the Zoning Administrator upon approval of such permit as provided herein.

(3)

Development. Following the issuance of a conditional use permit, the Building Official shall ensure that if the development is undertaken, it is completed in compliance with said permit. However, if a conditional use permit has not been used within six months after the date granted, the permit is automatically canceled.

(Ord. of 4-4-1983, § 15; Ord. No. 2011-07-116, § I, 7-26-2011)