§ 44-1317. Conditional use permit.

The city plan commission may authorize the director to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the city. Applications for conditional use permits shall be made to the director on forms furnished by the director and shall include the following where pertinent and necessary for proper review by the plan commission:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer, and contractor.

(2)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds, address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site is located.

(3)

For floodplain conditional uses, such description shall also include information that is necessary for the plan commission to determine whether the proposed development will hamper flood flows, impair floodplain storage capacity, or cause danger to human or animal life. This additional information shall include plans and a recommendation certified by a registered professional engineer or land surveyor, showing elevations or contours of the ground; fill or storage elevations; first floor elevations of structures; size, location, and spatial arrangement of all existing and proposed structures on the site; location and elevation of streets, water supply, and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information.

(4)

Plat of survey prepared by a registered land surveyor showing all of the information required under section 44-1315(3), for a building permit and, in addition, the mean and historic high water lines and floodplains on or within 40 feet of the subject premises and existing and proposed landscaping.

(5)

Additional information as may be required by the city plan commission, the director and his designees.

(6)

Review and approval. The city plan commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed plan of operation. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements may be required by the city plan commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(7)

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, and highway access shall be required of all conditional uses. Variances shall only be granted as provided in section 44-1290.

(8)

Public hearing. The city plan commission shall hold a public hearing on each application giving public notice as specified in this chapter. The plan commission may subsequently issue the conditional use permit with appropriate conditions, deny the permit with reasons, or require the submittal of a modified application.

(9)

Notice to state department of natural resources. The plan commission shall transmit a copy of each application for a conditional use within a shoreland-wetland in the C-1 Lowland Conservancy District, and a copy of each application for a conditional use in the FWO Floodway Overlay or FFO Floodplain Fringe Overlay District, to the state department of natural resources at least ten days prior to the public hearing. Final action on the application shall not be taken for 30 days or until the state department of natural resources has made its recommendation, whichever comes first. A copy of all conditional use decisions for uses within the shoreland or a floodplain shall be transmitted to the state department of natural resources within ten days following the decision.

(10)

Amendments. Changes subsequent to the initial issuance of a conditional use permit which would result in a need to change the initial conditions shall require an amendment to the conditional use permit. Enlargement of a conditional use shall be considered an amendment. The process for amending a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.

(11)

Revocation of conditional use permit. Should a permit applicant, his heirs or assigns, fail to comply with the conditions of the permit issued by the plan commission or should the use, or characteristics of the use be changed without prior approval by the plan commission, the conditional use permit may be revoked. The process for revoking a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.

(Code 2004, § 17.1006)