§ 902.0. Processing procedure.

902.1. Application of conditional use permit: Application for conditional uses, as designated in appendix "A" of this ordinance shall be on forms obtained from the city clerk's office. The application and five copies of the preliminary development plan shall be filed with the zoning administrator at least 20 days prior to the regular city planning and zoning commission meeting at which the proposed conditional use will be considered. The application shall include, but not limited to, the below information:

a.

Statement of intended use of the property.

b.

Site plan, drawn at appropriate scale, showing existing and proposed building location, parking areas, interior drives, and location and type of outdoor lighting.

c.

Existing and proposed topography, drawn at appropriate contour intervals as specified by the zoning administrator.

d.

Location of, and proposed connections to, existing water supply and sanitary sewer systems.

e.

Description of architecture and exterior materials to be utilized.

f.

Names of the landowner, developer and firm preparing the plan.

g.

Legal description of the tract.

h.

North point, scale and date.

902.2. Action by the planning commission: Upon receiving the application for conditional use permit from the zoning administrator, the planning commission shall publish notice and hold public hearing on the proposal. Procedures for public hearings shall be handled the same as a zoning amendment as described in section [article] XIV [XVI] of this ordinance. The decision of the planning commission to recommend approval or denial of the proposed conditional use shall be based on the following criteria:

a.

The proposed conditional use complies with all applicable provisions of these regulations, including intensity of use regulations, yard regulations and use limitation.

b.

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

c.

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.

d.

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 use of the neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will so 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 landscaping and screening on the site.

e.

Off-street parking and loading areas will be provided in accordance with the standards set forth in these regulations (article VII).

f.

Adequate utility, drainage, and other such necessary facilities have been or will be provided.

g.

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.

902.3. Additional requirements: In consideration of requests for any conditional use permits the planning commission shall recommend to the governing body such conditions of use as it deems necessary to protect the best interests of the city, and the surrounding property and to achieve the objectives of this ordinance. These additional requirements shall include, but not be limited to, those special provisions applying the miscellaneous conditional uses, specified in article X.

A violation of a requirement, condition, or safeguard shall be considered a violation of this ordinance, and grounds for the zoning administrator to terminate and cancel such conditional use permit.

902.4. Time limit: The planning commission may recommend to the governing body a time limitation on the conditional uses specified in appendix "A" of this ordinance. Said conditional use permit shall be renewable at the discretion of the governing body.

902.5. Action by the governing body: Upon hearing and consideration of the proposed conditional use, the planning commission shall at the earliest date possible, submit its recommendation and endorsed copy of the plans to the governing body for final action. Within 30 days of receipt of the report from the planning commission, the governing body shall adopt, modify or deny the planning commission recommendation. The action of the governing body shall be final.

902.6. [Reserved:]

902.7. Final plan approval: All final plans shall be approved by the city engineer prior to the issuance of a conditional use permit and building permit by the zoning administrator.

(Ord. No. 3613, §§ 1, 2, 5-20-92)

Conditional Use Permit