Any conditional use approved by the planning commission shall conform to the standards set forth for such uses below. These standards shall be construed to be the minimum requirements for any of the specified conditional uses, and the planning commission may require additional reasonable stipulations at their discretion. In all cases, the impact of the proposed use on adjacent properties shall be a major consideration.

A.

Procedure. The planning commission may authorize by conditional use permit those uses specifically designated as conditional uses in chapters 3 through 9. The planning commission shall impose such conditions as are appropriate and necessary to insure compliance with the comprehensive plan and protect the health, safety, and general welfare in the issuance of such conditional use permit.

B.

Application. To obtain a conditional use permit, the applicant shall file an application, therefore, in writing on a form furnished by the authorized official. Every application shall contain the following information:

1.

Legal description of the land on which such conditional use is requested, together with local street address.

2.

Name and address of each owner of the property.

3.

Name, address, phone number and signature of the applicant.

4.

Zoning district classification under which the property is regulated at the time of such application.

5.

Be accompanied with a site plan, unless waived by the authorized official.

6.

Any other information concerning the property as may be requested by the authorized official or the planning commission.

C.

Fees. Upon the filing of any application for a conditional use permit with the authorized official, the applicant shall pay to the city the appropriate fee as designated by resolution of the city council.

D.

Information on site plan. In addition to the following information, plans shall be drawn to scale upon substantial paper or provided electronically and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. The authorized official may waive the submission of plans, if he or she finds that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this chapter.

1.

The address of the property and the legal description.

2.

The name of the project and/or business.

3.

The scale and north arrow.

4.

All existing and proposed buildings or additions.

5.

Dimensions of all buildings.

6.

Distance from all building lines to the property lines at the closest points.

7.

Building height and number of stories.

8.

Dimensions of all property lines.

9.

Parking lots or spaces; designate each space, give dimensions of the lot, stalls and aisles.

10.

Screening; show height, location, and type of material to be used.

11.

The landscaped setback and trees; indicate species of trees and material to be used for landscaping.

12.

Name and location of all adjacent streets, alleys, waterways and other public places.

Approved plans shall not be changed, modified, or altered without authorization from the planning commission giving final approval, and all work shall be done in accordance with the approved plans.

E.

Review and public hearing procedure. Prior to the approval of a conditional use permit, the authorized official shall meet with the applicant to review the application. After review of the application, the authorized official shall make a recommendation to the planning commission to either approve or not approve said application. The authorized official's recommendation shall include a summary of the application, and the reasons and justification for either approval or disapproval of the application.

The authorized official shall set the date, time and place for a public hearing to be held by the planning commission. The authorized official shall notify the landowner by mail, and shall post notices of the public hearing at the city office and on the property affected by the proposed conditional use permit no less than ten days prior to the scheduled public hearing. No less than ten days before the public hearing, the authorized official shall publish notice of the public hearing in a legal newspaper of the city.

The following procedure shall be followed by the planning commission in considering the recommendation of the authorized official:

1.

The public hearing shall be held. Any person may appear in person, or by agent or attorney. Minutes of the public hearing shall be recorded and kept in the records of the planning commission.

2.

Before any conditional use permit shall be granted, the planning commission shall make written findings certifying compliance with the specific rules governing individual conditional uses and that satisfactory provision and arrangement has been made concerning the following, where applicable:

a.

Ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

b.

Off-street parking and loading areas where required;

c.

Refuse and service areas, with particular reference to a. and b. above;

d.

Utilities, with reference to locations, availability, and compatibility;

e.

Screening and buffering with reference to type, dimensions and character;

f.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with other properties in the district;

g.

Required yards and other open space;

h.

General compatibility with adjoining properties and other property in the zoning district in which such use is to be located;

i.

The goals and objectives of the most recently adopted comprehensive plan.

The planning commission shall decide whether to grant the conditional use with such conditions and safeguards as are appropriate or to deny a conditional use when not in harmony with the purpose and intent of these regulations. The decision of the planning commission shall be final unless an appeal is filed in accordance with chapter [subsection] 18.01(F).

F.

Appeal of planning commission decision. The decision rendered by the planning commission on a conditional use permit may be appealed to the city council. The applicant or any other person aggrieved by the decision of the planning commission shall file a written appeal with the authorized official within five working days of the planning commission decision. When an appeal is filed, the authorized official shall present the planning commission's decision to the city council for review. Notice of the meeting shall be given as required by chapter [subsection] 18.01(E). The city council shall vote to either uphold, overrule or amend the decision of the planning commission.

G.

Expiration. A conditional use permit shall expire one year from the date upon which it becomes effective if no work has commenced. Upon written request to the authorized official and prior to the conditional use permit expiration date, a one-year time extension for the conditional use permit may be granted by the authorized official, subject to the following conditions:

1.

There was no public objection presented during the public hearing process for the original conditional use permit;

2.

The land uses for the surrounding properties have not significantly been altered since the original approval date for the conditional use permit;

3.

Due to other on-going permitting processes or necessary engineering/planning studies relating to the specific project for the conditional use permit that may impact the one-year schedule for project completion.

A conditional use permit approved in accordance with chapter 18 shall expire one year after the use discontinues on the premises, or the use is changed to another permitted use in the underlying district.