[R.O. 2009 §25-81; Ord. No. 2739 §43-95.1, 5-20-1985]
The purpose of the conditional use permit is to provide the City with a procedure for determining the appropriateness of a proposed use not authorized as a matter of right by the regulations of the district in which the use is proposed to be located. The appropriateness of the use shall be determined in consideration of surrounding uses, activities and conditions of the site and of surrounding areas. Based upon this determination, the Board of Aldermen may decide to permit, reject or permit conditionally the use for which the conditional use permit is sought.
[R.O. 2009 §25-82; Ord. No. 2739 §43-95.2, 5-20-1985]
The Board of Aldermen may authorize by ordinance, under prescribed conditions, the construction or undertaking of any conditional use that is expressly permitted as a conditional use in a particular zoning district, however, the Board of Aldermen reserves full authority to deny any request for a conditional use, to impose conditions on the use or, to revoke approval at any time, upon a finding that the permitted conditional use will or has become unsuitable and incompatible in its location as a result of any nuisance or activity generated by the use.
[R.O. 2009 §25-83; Ord. No. 2739 §43-95.3, 5-20-1985; Ord. No. 3033 §1, 10-16-1989]
A. 
An application for a conditional use permit may be filed by the owner or tenant of the property in question or by a prospective owner or tenant.
B. 
The application shall be filed in the Department of Planning and Development who shall forward the application to the Planning and Zoning Commission. At the same time, a copy of the application shall be filed with the City Clerk/Administrator who shall forward it to the Board of Aldermen. The application shall contain such information as the Planning and Zoning Commission may prescribe by regulations which shall be filed with the City Clerk/Administrator. Such regulations regarding submission requirements shall include, but not limited to, those items specified in Division 9 of this Article.
C. 
At the time an application for a conditional use permit is filed, the City Clerk/Administrator shall require the applicant to pay the City a fee according to a schedule established by the Board of Aldermen and on file in the office of the City Clerk/Administrator and the Department of Planning and Development.
D. 
An application for a conditional use permit or amendment thereof shall not be accepted if a previous application for such permit or amendment has been denied by the Board of Aldermen within three (3) months prior to the new application.
[R.O. 2009 §25-84; Ord. No. 2739 §43-95.4, 5-20-1985; Ord. No. 2893 §1, 11-2-1987; Ord. No. 3033 §2, 10-16-1989; Ord. No. 3366 §2, 11-21-1994]
A. 
Zoning Administrator. The Zoning Administrator shall receive the application and determine that it complies with all applicable submission requirements prior to forwarding the application to the Commission. All applications shall be received by the Zoning Administrator at least ten (10) days prior to the next regularly scheduled meeting of the Commission to allow submissions to the members of the Commission at least five (5) days prior to the meeting. Applications received by the Zoning Administrator less than ten (10) days prior to the meeting shall not be considered by the Commission until the following regularly scheduled meeting, unless a special meeting is held at the applicant's request and expense. The cost of a special meeting of the Commission shall be established by the Board of Aldermen.
B. 
Planning And Zoning Commission. The Commission shall consider the application and decide whether to recommend approval. Within seventy (70) days after receipt of the application from the Zoning Administrator, the Commission shall transmit a report and recommendations to the Board of Aldermen; provided however, that the Commission shall transmit its report and recommendation regarding streets, public facilities and public utilities within sixty (60) days of official submission. If the Commission fails to transmit the report and recommendations to the Board of Aldermen within this time period or as extended for good cause by the Commission, the Board of Aldermen shall consider the application recommended for approval by the Commission.
C. 
Public Hearing. The Board of Aldermen shall hold a public hearing on the application and notice of said public hearing shall be given by appropriate officials of the City as provided in Section 400.150. No application for a conditional use permit may be approved until after such public hearing is held.
D. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (D), regarding voting on conditional use permit applications, was repealed 8-15-2016 by Ord. No. 4723 § 3.
[R.O. 2009 §25-85; Ord. No. 2739 §43-95.5, 5-20-1985; Ord. No. 2793 §1, 4-7-1986]
A. 
The Board of Aldermen shall approve a conditional use unless it finds that the application and evidence presented clearly indicate that the proposed conditional use:
1. 
Will increase traffic hazards or congestion;
2. 
Will increase fire hazards;
3. 
Will affect the character of the neighborhood;
4. 
Will affect the general welfare of the community;
5. 
Will overtax public utilities;
6. 
Does not comply with all other applicable provisions of this Chapter including performance standards presented in Article V, Division 6 and the standards of this Chapter in regard to yard and setback, parking and loading areas, screening and buffering, refuse, storage and service areas and signs;
7. 
Will not contribute to and promote the community welfare and convenience at the specific location;
8. 
Will cause injury to the value of neighboring property;
9. 
Does not comply with the City's Comprehensive Plan or plans for any applicable neighborhood or sector of the City thereof and other applicable zoning district regulations and provisions of this Chapter;
10. 
Will not provide, if applicable, erosion control and on-site storm water detention in accordance with the standards contained in this Chapter; or
11. 
Will not be compatible with the surrounding area and thus will impose a burden or have a negative impact on surrounding or adjacent uses or on community facilities or services.
[R.O. 2009 §25-86; Ord. No. 2739 §43-95.6, 5-20-1985; Ord. No. 2814 §1, 6-2-1986; Ord. No. 3033 §3, 10-16-1989; Ord. No. 4723 § 4, 8-15-2016]
In approving a conditional use permit application, the Board of Aldermen may impose conditions and restrictions as necessary to ensure that the standards of Section 400.670 are complied with and the general intent of this Zoning Code is carried out. Failure to comply with any of these conditions or restrictions shall constitute a violation of this Chapter.
[R.O. 2009 §25-87; Ord. No. 2739 §43-95.7, 5-20-1985]
A. 
No conditional use permit granted by the Board of Aldermen shall be valid for a period longer than one (1) year from the date it grants the conditional use permit, unless within such period:
1. 
A building permit is obtained and construction is begun;
2. 
If a building permit is not required, a certificate of occupancy is obtained and the use of the building commenced.
B. 
The Board of Aldermen may grant extensions not exceeding one hundred eighty (180) days each, upon written application, without notice or hearing.
[R.O. 2009 §25-88; Ord. No. 3033 §4, 10-16-1989]
The application and review procedure and approval standards for amendments to existing conditional use permits shall be the same as for new conditional use permits. In the event an application for an amendment is denied, the original conditional use permit shall remain in effect unless revoked by the Board of Aldermen.
[R.O. 2009 §25-89; Ord. No. 3033 §5, 10-16-1989]
All conditional use permits shall be approved for a specific location only and may not be transferred to any other locations.
[R.O. 2009 §25-90; Ord. No. 3033 §6, 10-16-1989]
All conditional use permits shall terminate whenever the use of the property changes and the new use is substantially different from the use for which the original permit was issued, whenever the site of the conditional use or the structure thereon are substantially changed or, whenever a vacancy occurs for twelve (12) consecutive months.