The board of aldermen, by conditional use permit, after public hearing, and subject to such protective restrictions or conditions at it deems necessary, may authorize the location, extension, or structural alteration of any one of the buildings or uses listed in each zoning district as a conditional use.

(1)

A written application shall be filed with the city administrator to obtain a conditional use permit for the uses hereinafter set forth in this section, or for uses previously issued a conditional or special use permit where this alteration or extension is requested.

(2)

Upon receipt of an application, together with all other required documentation and necessary descriptive material of the entire parcel including all permitted and conditional uses, the administrative officer shall submit the application to the commission for review and consideration by the commission as necessary.

The commission shall review the application based on the criteria set forth below, approve or disapprove the application and submit a report of its recommendations or conditions for consideration to the board of aldermen.

The board of aldermen shall hold a public hearing in accordance with the procedures set forth in Article XI, section B of the Zoning Code. No action shall be taken upon any application for a proposed building or conditional use referred to above until and unless the report of the commission has been filed; provided however, that if no report is received from the commission within 60 days, the board of aldermen may proceed with its action upon the application. The board of aldermen shall vote on the conditional use permit based upon a determination of the criteria set forth in section E and following the public hearing.

In considering whether or not such application for a conditional use permit should be granted, it shall be the duty of the commission and the board of aldermen to give consideration to the effect of the requested use on the health, safety, morals and general welfare of the residents of the area in the vicinity of the property in question and the residents of the city generally. The issuance of a conditional use permit is at the discretion of the board of aldermen and no use listed as a conditional use in any zoning district shall be considered a use by right. In considering a conditional use, the commission and the board may consider, among other factors, the following:

(a)

The compatibility of the proposal, in terms of both use and appearance, with the surrounding neighborhood.

(b)

Whether the proposed use will be injurious to the use and enjoyment for other property in the immediate vicinity for purposes already permitted nor substantially diminish and impair property values in the area.

(c)

The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property values in the area.

(d)

The conditional use shall, in all other respects, conform to these regulations and all of the provisions contained therein, including, but not limited to, any specific regulations or conditions relating to the proposed conditional use and the applicable regulations of the zoning district in which it is located.

(e)

The comparative size, floor area and mass of the proposed structure in relationship to adjacent structures and buildings in the surrounding properties and neighborhood.

(f)

The frequency and duration of various indoor and outdoor activities and special events, and the impact of these activities on the surrounding area.

(g)

The capacity of adjacent streets to handle increased traffic in terms of traffic volume, including hourly and daily levels.

(h)

The added noise level created by activities associated with the proposed use.

(i)

The requirements for public services where the demands of the proposed use are in excess of the individual demands of adjacent land uses, in terms of police and fire protection, and the presence of any potential or real fire hazards created by the proposed use.

(j)

Whether the general appearance of the neighborhood will be adversely affected by the location of the proposed use on the parcel.

(k)

The impact of night lighting in terms of intensity, duration and frequency of use, as it impacts adjacent properties and in terms of presence in the neighborhood.

(l)

The impact of landscaping on the proposed use, in terms of maintained landscaped areas versus areas to remain in a natural state, as well as the openness of landscape versus the use of buffers and screens.

(m)

The impact of a significant amount of hard-surfaced areas for buildings, sidewalks, drives, parking areas and service areas, in terms of noise transfer, water runoff and heat generation.

Uses lawfully existing and in operation on February 5, 2001 which would otherwise require conditional use permits under the regulations of the zoning district in which they are located, shall not be required to obtain conditional use permits but shall require a conditional use permit for any subsequent alteration, enlargement, or extension thereof.

The burden of presenting a complete application to the permit-issuing authority shall be upon the applicant.

Only the issuance of a conditional use permit authorizes the recipient to commence the activity resulting in the change of the use of land (subject to obtaining a building permit and all other required permits), to commence work designed to construct, erect, move a building and other substantial structures or to make necessary improvements. The proposed use may not be commenced and no building occupied until all of the requirements if the regulations and additional requirements imposed pursuant to the issuance of a conditional use permit have been fulfilled.

(a)

Revocation for non-use. Any conditional use permit granted by the board of aldermen and not exercised and put to use within one year of the date of the approval of said conditional use permit shall be vacated and such conditional use permit shall become null and void, unless extended by the board of aldermen.

(b)

Revocation for failure to comply with conditions in the conditional use permit. The board of aldermen may, by ordinance, after conducting a public hearing, revoke a conditional use permit at any time upon a finding that the permitted conditional use will or has become unsuitable and incompatible in its location as a result of any nuisance or activity generated by the conditional use or the failure of the holder of the conditional use permit to comply with any of the specific conditions set forth in the conditional use permit when granted. Said request for revocation may be made by the city administrator, building inspector or upon the recommendation from the planning & zoning commission. The board of aldermen shall conduct a show cause hearing after giving 15 days' written notice to the holder of the conditional use permit, at its last known address, as shown in the tax records of the city, of its intent to revoke the conditional use permit.

(Ord. No. 1946, § 1, 9-24-18)

Conditional use permits are not transferable or assignable.

The commission may recommend, and the board of aldermen may require prior to the passage of any ordinance granting a conditional use permit, a surety bond, escrow cash, or equivalent, to insure the installation, construction and continued maintenance of any landscaping, screening or grading required with respect to any buffer strip, signs, or any other additional requirements which form conditions with respect to the granting of a conditional use permit.