[Ord. No. 2006.19 §1, 6-12-2006]
A. 
The Board of Aldermen is hereby authorized to decide whether conditional use permits shall be granted subject to the standards contained herein; to grant conditional use permits with such conditions or restrictions as are appropriate to protect the public interest and to secure compliance with these regulations; and to deny requests which fail to satisfy the standards and requirements contained herein and which are not in harmony with the purposes and interest of these regulations and the health, safety and welfare of the community. The Board of Aldermen shall decide whether conditional use permits shall be granted only after having received a recommendation from the Planning and Zoning Commission.
1. 
Application. A written application for a conditional use permit shall be filed with the Building Inspector and shall include a statement indicating the Section of the ordinance under which the permit is sought, the grounds upon which it is requested and sufficient evidence to show that the use will conform to the standards set forth. The application shall be accompanied by an area map and site plan of the subject property.
2. 
Fees. All applications shall be subject to a filing fee of one hundred twenty-five dollars ($125.00).
3. 
Site plan. All applicants for a conditional use permit shall submit with their application copies of a site plan for the property in accordance with the Article XI, Site Plan Review.
4. 
Hearing. Upon receipt of the formal application and all accompanying material, the Building Inspector shall call a public hearing, pursuant to Sections 405.178 — 405.180, for the next scheduled meeting of the Planning and Zoning Commission. The Planning and Zoning Commission shall submit a recommendation to the Board of Aldermen within thirty (30) days after the close of the public hearing.
5. 
Findings. In making a recommendation to the Board of Aldermen, the Planning and Zoning Commission shall specify the particular grounds relied upon and their relation to the proposed use and shall make affirmative findings that the proposed use conforms to the general standards set forth in this Article. In no case shall an exception be granted if the proposed use will constitute a nuisance or a public health or safety hazard to adjacent properties or to the community at large.
6. 
Action by Board of Aldermen. The Board of Aldermen shall consider the Planning and Zoning Commission's recommendation at the next regularly scheduled Board of Aldermen meeting for which the agenda item can be docketed. The Board of Aldermen shall consider the recommendation of the Planning and Zoning Commission and act in accordance with the procedures for amending zoning district boundaries. If the Board of Aldermen fails to act upon a recommendation within one hundred twenty (120) days from the receipt thereof, the application shall be deemed to have been denied.
7. 
Standards for issuance of conditional use permits. Before any permit shall be granted, the Board of Aldermen shall make written findings certifying that adequate provisions has been made for the following:
a. 
The general compatibility with adjacent properties, other properties in the district and the general safety, health, comfort and general welfare of the community.
b. 
That the proposed use, if it complies with all conditions upon which the approval is made contingent, will not adversely affect the property in the vicinity.
c. 
Accessibility of the property to Police, fire, refuse collection and other municipal services, adequacy of ingress and egress to and within the site, traffic flow and control and the adequacy of off-street parking and loading areas.
d. 
Utilities and services, including water, sewer, drainage, gas and electricity, with particular reference to location, availability, capacity and compatibility.
e. 
The Board of Aldermen may also require greater standards than listed in the district in order to correlate the proposed use to other property and uses in the vicinity.
f. 
In granting a conditional use, the Board of Aldermen may impose such conditions, safeguards and restrictions upon the premises to reduce or minimize any potential injurious effect of such conditional uses upon other property in the neighborhood and to carry out the general purpose and intent of these regulations including, but not limited to:
(1) 
Conformity to plans and drawings submitted with the application.
(2) 
Special yard, open space, buffer strips, walls, fences, hedges, landscaping.
(3) 
Performance standards relative to emission of noise, vibration or other potentially dangerous or objective elements.
(4) 
Limits on time of day for conduct of specified activities.
(5) 
A period in which the approval shall be exercised or otherwise shall lapse.
(6) 
Guarantees as to compliance with the terms of approval.
8. 
Sunset. A conditional use permit shall expire upon public hearing unless a building permit is taken within six (6) months to effectuate such conditionally permitted use; or, if no building permit is required, evidence of use is filed with the Building Inspector.
[Ord. No. 2006.19 §1, 6-12-2006]
Once a conditionally permitted use ceases or is abandoned for a period of more than six (6) months, the conditional use permit shall expire upon public hearing; except that the conditional use permit for an auto salvage yard shall automatically expire if the State license for operating the auto salvage yard lapses for a period of time more than sixty (60) days.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
Revocation proceedings may be initiated by the Board of Aldermen.
B. 
Unless the permit holder and the landowner agree in writing that the permit may be revoked, the Board of Aldermen shall hold a public hearing to consider the revocation of the permit.
C. 
The City shall give the permit holder and landowner notice of the scheduled revocation hearing at least thirty (30) days prior to the date scheduled for such hearing by certified mail, return receipt requested. If such notice cannot be delivered or is not accepted, notice may be given by publishing a notice of hearing in a newspaper of general circulation in the City or by posting a notice of hearing on the property at least thirty (30) days prior to the date scheduled for the hearing.
D. 
At the conclusion of the public hearing, the Board of Aldermen may render its decision or take the matter under advisement. Any motion for the revocation of a conditional use permit shall clearly state the grounds for revocation.
[Ord. No. 2006.19 §1, 6-12-2006]
All conditional use permits shall be approved for the originating applicant for a specific location. Should title to the property be transferred to a different owner, a renewal of the original conditional use permit shall be required pursuant to the requirements herein. Additionally, conditional use permits may not be transferred to any other location by the applicant.