(A)   Conditional use permits may be issued for any and only the uses or purposes for which such permits are required or permitted by provisions of this chapter.

   (B)   An application for a conditional use permit shall be filled with the Zoning Administrator indicating the section of this chapter under which the conditional use permit is sought, and stating the grounds on which it is requested. The application shall be accompanied by plans and elevations and site plans as prescribed by the Board of Adjustment and presented by the Zoning Administrator to the Board. A copy of all applications for a conditional use under the provisions of the floodway and/or flood fringe portions of the Floodplain District shall be forwarded to the Commissioner of Natural Resources ten days prior to a public hearing.

   (C)   The applicant shall file the completed application form together with required exhibits with the Zoning Administrator, and shall pay a filing fee as established by the Council.

   (D)   The Zoning Administrator shall review the application and within ten business days after receiving the application, shall notify the applicant in writing if the application is not complete, and advise the applicant of what additional information is required.

   (E)   When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall set the date for a public hearing, and shall have notices of the hearing published in the legal newspaper, and shall notify all property owners within the affected zone and within 350 feet of the outer boundaries of the property in question; however, failure of any property owner to receive notification shall not invalidate the proceedings at least once, not less than ten days and not more than 30 days prior to the hearing. The Council may waive the mailed notice requirements for a city-wide amendment to this chapter initiated by the Planning Commission or City Council. Notice of hearings shall be posted at the City Hall and in one other place at least ten days prior to the public hearing. This notice shall describe the particular amendment, date, time and place of hearing. The current City Assessor’s current tax records shall be deemed sufficient for the location or certification of ownership of the adjacent properties.

   (F)   The city shall take action to approve or deny the application within 60 days of receiving a completed application. If the city cannot take action to approve or deny the application within 60 days of receiving the completed application, the city may make a one-time extension of the time for taking action before the end of the initial 60-day period by providing written notice of the extension, the reasons for the extension, and its anticipated length, which may not exceed 60 days unless approved by the applicant in writing. A valid reason for this extension may be that the city needs more time to consider the application. A motion to approve the application which fails to pass because of sufficient votes, shall not be deemed to be a denial of an application. The passage of a motion to deny the application is required in order for an application to be denied. Additional extensions beyond the first extension will require the approval by the applicant in writing.

   (G)   The Planning Commission shall hold the public hearing, and may table the application for further investigation if necessary, or the Commission shall recommend to the Council one of three actions: approval, conditional approval or denial.

   (H)   No application of a property owner for an amendment to the text of this chapter or the zoning map shall be considered by the Planning Commission within the one-year period following a denial of the request, except the Planning Commission may permit a new application, if, in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   Upon receipt in proper form of the application and other requested material, the Planning Commission shall hold at least one public hearing in a location to be prescribed by the Planning Commission. At least ten days in advance of each hearing, a notice of the hearing shall be published in the official newspaper of the city and like notification at least ten days prior to the hearing to the owner or owners of property within 350 feet of the subject property. Notices of hearings shall be posted at the City Hall and in one other public place at least ten days prior to the public hearing. This notice shall describe the particular conditional use, date, time and place of the hearing. The City Assessor’s current tax record shall be deemed sufficient for the location or certification of ownership of the adjacent properties.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   No conditional use shall be recommended by the City Planning Commission unless the Commission shall find the following.

   (A)   That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the immediate vicinity.

   (B)   That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.

   (C)   That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.

   (D)   That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.

   (E)   That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

   (F)   A copy of all decisions regarding conditional uses under the provisions of the Floodplain District shall be forwarded to the Commissioner of Natural Resources within ten days after the decision is made.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   To defray administrative costs for processing requests for conditional use permits, a fee shall be paid by the applicant. The fee shall be established by the City Council.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   (A)   The Planning Commission may prescribe appropriate conditions and safeguards in conformity with this chapter.

   (B)   The Commission shall prescribe a time limit within which the action for which the conditional use is required shall commence or be completed, or both. Failure to commence, or complete, or both within the time limit set, shall void the conditional use permit.

(Ord. 221, passed 11-6-1995)

   Violations of any conditions and safeguards, when made part of the terms under which the conditional use permit is granted, shall be deemed a violation of this chapter as provided for in § 155.285.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99