The Board of Zoning Appeals may issue conditional use, permits that are specifically authorized in the various zoning districts of these regulations, and in accordance with the provisions of K.S.A. 12-759(e).

1.

A conditional use is a specific use of the land that may be permitted if the Board of Zoning Appeals finds, after a fact finding hearing, the property rights of nearby owners will not be adversely affected.

2.

A property owner who wishes to apply for a Conditional Use Permit shall submit those items specified in Sections 11.08 through 11.09, of this Zoning Ordinance, which constitutes a checklist of items to be submitted for consideration of an exception (Conditional Use Permit) by the Board of Zoning Appeals.

1.

If the proposed conditional use complies with all applicable regulations of the zoning district in which it is located, and does not reduce neighborhood property rights, then the Board of Zoning Appeals may issue a permit making the conditional use valid and fully permitted.

2.

Under no circumstances shall the Board of Zoning Appeals grant a Conditional Use Permit for a use not specifically listed within Section 5.06, as per K.S.A. 12-759(e).

3.

The Board of Zoning Appeals shall grant conditional use status to those uses which contribute to the overall orderly development of the city and needs of the residents - and not a mere granting of benefit to the applicant.

The Board of Zoning Appeals shall grant conditional use status only when road and parking conditions are adequate to service the proposed use.

A request for a conditional use permit or modification of a conditional use permit may be initiated by a property owner or his or her authorized agent by filing an application with the City upon forms prescribed for the purpose.

The application shall be accompanied by a drawing or site plan and other such plans and data showing the dimensions, arrangements, descriptions data, and other materials constituting a record essential to an understanding of the proposed use and proposed modifications in relation to the provisions set forth herein. A plan as to the operation and maintenance of the proposed use shall also be submitted.

The application shall be accompanied with a non-refundable fee as established by the City Council.

Before issuance of any conditional use permit, the Board of Zoning Appeals shall hold a Public Hearing according to Section 11.04 of this Ordinance.

A majority vote of the Board of Zoning Appeals shall be necessary to grant a Conditional Use Permit.

The applicant shall have 12 months from the approval of the Conditional Use Permit to commence the use, unless specifically granted a longer period of time.

All decisions by the Board of Zoning Appeals shall be required to provide findings of fact for their decision for either approval or denial.

Any approved Conditional Use Permit is automatically transferable upon sale of the property from the original applicant to another party. However, the new owner shall assume the responsibility for complying with:

1.

The conditions of the granted permit;

2.

The use shall not change or be expanded unless a new Conditional Use Permit is approved,

3.

Failure to comply with the conditions of the permit shall subject the new owner to the revocation process of this Article.

Any approved Conditional Use Permit may be revoked for failure to comply with the conditions approved by the Board of Zoning Appeals. Revocation shall require that the City notify the applicant of any noncompliance, in writing, and provide the applicant 30 days to correct the issue(s).

Failure to comply with the notice shall cause a Public Hearing to be scheduled by the Board of Zoning Appeals, to review the permit and the approved conditions and the failure to act by the applicant. If the applicant is found to be noncompliant with the issued permit and conditions, the Board of Zoning Appeals shall revoke the permit and order the use to cease and desist.

Failure to follow a Cease and Desist order shall cause action to be filed by the City Attorney in District Court.

Revocation may also occur, if the City documents that the use has ceased operations for 12 consecutive months. The City shall notify the applicant of the revocation in writing. The permit shall become invalid within 30 days.

No conditional use permit shall be granted unless the Board of Zoning Appeals has found:

1.

The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, moral, comfort, or general welfare of the community.

2.

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 neighborhood.

3.

The establishment of the conditional use will not impede the normal and orderly development of the surrounding property for uses permitted in the district.

4.

Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided.

5.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

6.

The use shall not include noise, which is objectionable due to volume, frequency, or beat unless muffled or otherwise controlled.

7.

The use shall not involve any pollution of the air by fly-ash, dust, vapors or other substance which is harmful to health, animals, vegetation or other property or which can cause soiling, discomfort, or irritation.

8.

The use shall not involve any malodorous gas or matter, which is discernible on any adjoining lot or property.

9.

The use shall not involve any direct or reflected glare, which is visible from any adjoining property or from any public street, road, or highway.

10.

The use shall not involve any activity substantially increasing the movement of traffic on public streets unless procedures are instituted to limit traffic hazards and congestion.

11.

The use shall not involve any activity substantially increasing the burden on any public utilities or facilities unless provisions are made for any necessary adjustments.