A conditional Use Permit may be granted following compliance with the procedure set forth in this section if the conditional use is one set forth in the District Regulations, provided that no application for a conditional use shall be granted unless all of the following conditions are found to be present:

1.

The conditional use will not be detrimental to or endanger the public health, safety or general welfare;

2.

The existing permitted uses in the neighborhood will not in any manner be substantially impaired or diminished by the establishment of the conditional use;

3.

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 other necessary site improvements have been or are being provided;

5.

Adequate measures have or will be taken to provide access and exit so designed as to minimize traffic congestion in the public streets; and

6.

The conditional use shall conform to all special provisions of the district in which it is located. The Conditional Use Permit may be issued for a specified period of time, with automatic cancellation at the end of that time unless it is renewed, or conditions may be applied to the issuance of the Permit and periodic review may be required to determine if the conditional use has any detrimental affects on neighboring uses or districts. The Permit shall be granted for a particular use and not for a particular person or firm.

Application for a Conditional Use Permit shall be submitted by the property owner to the City Building Official on forms provided by the City Auditor. The fee for defraying the costs of the proceedings prescribed herein shall be set by resolution by the City Council, and shall be on file for inspection at the office of the City Auditor during normal business hours. The application shall include:

1.

The name and address of the applicant.

2.

The date of application.

3.

A description of the site and its relationship to the surrounding area.

4.

A preliminary map showing boundary lines and location of structures to be developed on the site.

5.

Location of existing structures on adjacent property.

6.

Parking plan showing off-street parking areas and/or loading areas.

7.

Names and addresses of adjacent property owners.

8.

Any reasonable information the Planning Commission deems necessary.

(Ord. No. 257, 2-6-2012)

1.

The City Building Official, upon receipt of an application for a Conditional Use Permit, shall present the same to the Planning Commission at its next regular or special meeting, at which time a date within the next sixty (60) days shall be set for a public hearing for the proposed conditional use. Following the public hearing, the Planning Commission shall consider the application and make a recommendation to the City Council within thirty (30) days.

1.

The Planning Commission shall notify the Applicant of the date of the public hearing. The Planning Commission shall publish a notice of the public hearing in the official city newspaper at least ten (10) days before the hearing. Cost of this publication shall be paid by the Applicant. Notice shall include the date, time, place and purpose of the hearing and shall be approved by the Planning Commission. In addition to the published notice, the Planning Commission shall send written notice to all owners of property adjacent to the property upon which the conditional use is sought. Proof of the publication of the notice shall be filed with the Planning Commission secretary prior to the public hearing.

2.

Any party who desires to appeal any action taken by the Planning Commission upon a Conditional Use permit application may have the action reviewed by the Board of Zoning Appeals by filing an appeal with the City Auditor within seven (7) days from the date of the action appealed from as provided for under Article XXIX.

1.

Upon receipt of the Planning Commission's recommendations, or if the Planning Commission has not acted within the required time limits in SECTION 3 of this Article, and if an appeal has not been filed, the City Council may either grant or deny the proposed conditional use.

In addition to other fees required for Conditional Use Permits, applicants seeking Conditional Use Permits for Group Dwellings, Temporary Workforce Housing, or Single-Family Dwelling Unit for Owner of Adjacent Business shall be required to pay a temporary housing administration fee. This fee shall be set by resolution by the City Council, and shall be on file for inspection at the office of the City Auditor during normal business hours.

(Ord. No. 265, 5-7-2012)