(a)

Scope of provisions. This section contains the regulations of the conditional use permit procedure. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference.

(b)

Statement of intent. It is hereby declared that certain land uses and developments present unique problems with respect to their proper location and relationship to other land uses. Therefore, analysis and judgment of the consequences of each development and use is necessary to preserve and to promote the public health, safety, and general welfare. Such land uses and developments are identified in the table of permissible uses (section 27-200) by the notation "C."

(c)

Procedure. The granting of a conditional use permit may be initiated by a verified application of one (1) or more of the owners of record of a lot or tract of land, or their authorized representatives, or by a resolution by the planning commission or the city council. Procedures for application, review and approval of a conditional use permit shall be as follows:

(1)

Application. Application for a conditional use permit for a specific tract of land shall be filed in the office of zoning official. The application shall be filed on forms prescribed for that purpose by the zoning official and be accompanied by the following:

a.

Filing fee.

b.

The correct legal description of the property.

c.

The present zoning district for the property.

d.

The typewritten names, addresses and telephone numbers of all owners and their attorney and their designated representative, if any.

e.

The signatures of all owners, their attorney or their designated representative.

f.

The designated representative shall present proper power of attorney signed by all owners and notarized showing authorization to act on behalf of all owners.

g.

Attached to the application shall be a plat showing the real estate for which a conditional use permit is desired. The plat shall be drawn to scale and shall show the dimensions of the property along with sufficient neighborhood information to readily identify the property's boundary lines.

h.

Names and addresses of adjacent property owners within three hundred (300) feet of the subject property.

i.

Preliminary development plan, including, but not limited to the following:

i.

Proposed uses. Approximate location and designated uses of buildings and other structures as well as parking and open areas shall be indicated.

ii.

Proposed ingress and egress to the site, including adjacent streets.

iii.

Preliminary plan for provisions of utilities.

iv.

Proposed landscaping and screening.

j.

The application for a conditional use permit shall be filed with the zoning official. After checking the application for accuracy, the zoning official shall file one (1) copy of the application with the city clerk and place the matter on the agenda of the planning and zoning commission for their review and recommendation. To be considered by the commission at their next regular meeting an application shall be received by the dates and times established by the commission.

(2)

Review by planning commission. Before making a recommendation to the city council, the planning and zoning commission shall review and consider the application for a conditional use permit in an open public meeting. At such meeting, both those in favor of and those opposed to the conditional use permit will be given reasonable opportunity to be heard. The commission shall transmit its recommendations to the city council in writing.

The criteria to be considered by the planning commission shall include, but not be limited to the following:

a.

If the proposed conditional use complies with all applicable provisions of chapter 27 and will conform to the general intent and purpose of chapter 27 and the zoning district in which the proposed conditional use will be located;

b.

If the proposed conditional use is in accordance with the intent of, and furthers and promotes the goals of the City's Land Use Plan;

c.

If the proposed conditional use at the specified location will contribute to and promote the welfare or convenience of the public;

d.

If the proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located;

e.

If the location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will dominate the immediate neighborhood, consideration shall be given to:

1.

The location, nature and height of buildings, structures, walls, and fences on the site; and

2.

The nature and extent of proposed landscaping and buffering on the site.

f.

If adequate utility, drainage, and other such necessary facilities have been or will be provided; and

g.

If adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.

(3)

Public hearing. A public hearing on the application shall be held by the city council in accordance with the provisions of section 27-29, Procedure for amending the zoning ordinance, except that the public notices (published and posted) shall indicate that the public hearing is for conditional use permit. The public hearing shall be held within sixty (60) days of verification by the zoning official that the petition meets the minimum application.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3792, § 1, 6-9-03; Ord. No. 4465, § 2, 6-8-09)