The Conditional Use process recognizes that there are a number of uses which may or may not be appropriate in a particular zoning district depending upon all the circumstances of the individual case. It is the intent of this Chapter to provide a comprehensive review of such uses so that the City is assured that these uses are compatible with their locations and surrounding land uses.

All requests for Conditional Uses shall be acted upon by the City Council following receipt of a recommendation from the Planning Commission. A public hearing on each request shall be held by both the Planning Commission and the Council. Notice of the public hearings shall be published and written notices provided in accordance with Section 112 of this Zoning Ordinance of Sterling.

(Ord. No. 13-1993, 9-28-93, eff. 10-8-93)

Applicants requesting a Conditional Use shall submit ten (10) copies of the following required material to the Director of Public Works or designee. Such application may be filed by a person or persons owning or having an interest in the property in question and shall be accompanied with the written concurrence of all owners of record of the property. The application shall be filed in writing at least thirty (30) days prior to a regularly scheduled Planning Commission meeting and shall include:

A.

A list of any easements, encumbrances, or rights-of-way internal to the property, and protective covenants;

B.

A statement of intent for the proposal;

C.

A complete site plan showing the major details of the proposed development, including existing adjacent land uses, locations of buildings and structures both existing and proposed, off-street parking and loading areas, access to and from the property, signs, pedestrian and open space areas, and any natural or manmade features on the property which could or would affect the development;

D.

A time schedule for development;

E.

Written and/or graphic material documenting compliance with the Special Regulations of Chapter VII, where appropriate to proposal;

F.

Such other information as required by written rule of the City Council or the Planning Commission;

G.

Any additional information the applicant believes will support the request.

(Ord. No. 13-1993, 9-28-93, eff. 10-8-93)

A fee as determined by City Council shall be paid at the time of application. A fee schedule may be found in the Public Works Department.

At the regularly scheduled Planning Commission Meeting, the Commission shall review the request taking into consideration the proposed use; intensity of use; and site development plan as it relates to the character of the surrounding area; the desirability and need for such a use in the specific area of the City; the availability of public utilities and services; the potential for environmental or objectionable impacts which could result from its approval; and compliance with the intent and purpose of this Ordinance.

The Planning Commission shall forward a written recommendation of approval, conditional approval, or denial to the City Council. Such recommendation shall include the findings upon which the recommendation was made. A recommendation of conditional approval shall set forth the conditions and those requirements which the Commission deems necessary to meet before final action can be taken.

Upon receipt of the Planning Commission's recommendation and in compliance with the requirements for public notification, the City Council shall consider the request, the Planning Commission's recommendation, and public comment. The Council shall then render a final decision of approval, conditional approval, or denial. The reasons for its decision shall be stated in the official minutes of the hearing and shall be mailed to the applicant. No Conditional Use shall be approved unless the City Council finds that the application complies with the requirements of this Chapter, is consistent with the intent and purpose of this Ordinance, the Comprehensive Master Plan, and is compatible with the surrounding land uses. In making such determination, the Council shall consider and may impose modifications or conditions, by way of illustration and not limitation, such as:

A.

Compliance with any other condition of this Ordinance regarding the particular Conditional Use;

B.

Compliance with any other applicable regulation, whether in this or any other Sterling ordinance, or any county, state, or federal regulations;

C.

Any other condition imposed by Council, which is deemed necessary to determine:

1.

That the proposed Conditional Use will not substantially injure or detract from the use of neighboring property, or from the character of the neighborhood.

2.

That the conditional use will serve to protect the best interests of the City of Sterling and the public health, safety, and welfare.

3.

That the effect of the conditional use will facilitate the logical, efficient, and economic extension of public services and facilities.

An approved conditional use shall be granted to the property in question and is transferable.

No approved Conditional Use may be changed, modified, expanded, or enlarged unless the same is amended and approved in accordance with the procedures applicable to initial approval of a Conditional Use.

When a Conditional Use has been denied by the Council, no request for that particular use may be refiled with the Planning Commission. The only exception to this provision shall be if the landowner or his agent can show a change of circumstances regarding the property, which would warrant reexamination of the Conditional Use request. Such showing of changed circumstances shall be submitted in writing, along with a Conditional Use application, to the Director of Public Works or designee.

The City Council may revoke approval of a Conditional Use whenever the applicant has failed to complete the project substantially in accordance with the time schedule submitted with the application, or with the conditions placed on the approval. Before any such revocation is issued, the Council shall first notify the applicant of the pending action and provide the applicant an opportunity to appear before the Council to contest the pending action.