Conditional uses specifically designated within the individual district regulations may be permitted, enlarged or altered upon application for a conditional use permit in accordance with the rules and procedures of the Board of Appeals and Adjustments. The Board of Appeals and Adjustments will grant or deny a conditional use permit in accordance with the standards set forth herein and with the intent and purpose of this chapter. In granting a conditional use permit, the Board shall authorize the issuance of a conditional use permit and may prescribe and impose appropriate conditions, safeguards and a specified time limit for the performance of the conditional use permit.

(Ord. No. 394(2nd Ser.), § 1(11.28), 11-26-2007)

A request for a conditional use permit or for the modification of a conditional use permit may be initiated by a property owner or his authorized agent by filing an application with the Zoning Administrator upon forms prescribed for this purpose. The application shall be accompanied by a site plan and other such plans and data showing dimensions, arrangements, descriptive data and other materials constituting a record essential to an understanding of the proposed use or proposed modification in relation to the standards set forth herein. The application shall also be accompanied by a fee as determined by resolution of the City Council.

(Ord. No. 394(2nd Ser.), § 1(11.28), 11-26-2007)

A conditional use shall not be granted by the Board of Appeals and Adjustment unless and until the following procedures have been fulfilled:

(1)

The Zoning Administrator shall provide a copy of the application for conditional use for review and comment to the Planning and Zoning Commission within five days after receipt of the application.

(2)

The Planning and Zoning Commission shall provide the Board of Appeals and Adjustments with its recommendation within 45 days after receipt of the application.

(3)

After receipt of the Planning and Zoning Commission's recommendations, the Board of Appeals and Adjustments shall schedule a public hearing in relation to the conditional use permit application. Notice of the public hearing shall be given as required by State Statute.

(4)

The Board of Appeals and Adjustments shall determine that it is empowered under this chapter to grant the conditional use permit as described in the application and that the granting of the conditional use will not adversely affect the public interest pursuant to testimony presented at the public hearing and review by the Planning and Zoning Commission.

(5)

In granting any conditional use permit, the Board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this chapter and punishable under article IX of this chapter.

(6)

The concurring vote of a simple majority of those Board of Appeals and Adjustments members present shall be sufficient to grant a conditional use permit. No order of the Board granting a conditional use permit shall be valid for a period longer than one year from the date of such order, unless the Board specifically grants a longer period of time or a building permit is obtained within a six-month period and construction is commenced.

(Ord. No. 394(2nd Ser.), § 1(11.28), 11-26-2007)

No conditional use permit shall be granted by the Board of Appeals and Adjustments unless the Board shall find each of the following to be present:

(1)

The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, 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)

In the case of existing relocated single-family dwellings, that the proposed use aesthetically blends in with the neighboring, existing permitted uses and special attention be given to the architectural style, scale and quality of construction of the proposed use.

(4)

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

(5)

Adequate utilities, access roads, drainage, parking or other necessary facilities have been or will be provided.

(6)

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

(7)

The use shall not include any activity involving the use or storage of flammable or explosive material unless protected by adequate firefighting and fire suppression equipment and by such safety devices as are normally used in handling of any such material.

(8)

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

(9)

The use shall not include vibration which is discernable without instrumentation on any adjoining parcel or property.

(10)

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

(11)

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 causes soiling, discomfort or irritation.

(12)

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

(13)

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.

(14)

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

(15)

The use shall not interfere with the use or enjoyment of neighboring permitted uses. If such interference is found, provisions must be made for increased setbacks from property lines or screening of incompatible uses by the use of fences, berms or hedges.

(16)

The ground coverage shall be such that no additional dust or stormwater runoff is generated by the conditional use.

(17)

The use shall not create a hazard to vehicular or pedestrian traffic. If any such hazard is determined, provisions must be made to increase the required setback in regard to open air storage.

(Ord. No. 394(2nd Ser.), § 1(11.28), 11-26-2007)