[R.O. 1993 § 400.410; Ord. No. 250 § A, Art. VIII, 1-28-74; Ord. No. 787 §§ 2 — 3, 7-18-2005]
A. 
The procedure necessary to obtain a conditional use permit shall be as follows:
1. 
The property owner shall file with the Zoning Officer a petition to obtain a conditional use permit addressed to the Planning and Zoning Commission. The petition shall be made on the forms prescribed by the Planning and Zoning Commission and shall be accompanied by a preliminary development plan in such detail as to indicate but not be limited to the following:
a. 
Preliminary site plans showing proposed uses and structures.
b. 
Existing and proposed contours at intervals of two (2) feet or less referred to sea level datum.
c. 
Location of all isolated trees having a trunk diameter of six (6) inches or more and all tree masses.
d. 
Two (2) section profiles through the site showing preliminary building form.
e. 
The proposed ingress and egress to the site including adjacent streets.
f. 
A preliminary plan for provision of sanitation and drainage facilities.
2. 
A public hearing shall be held by the Planning and Zoning Commission on the petition in the same manner and with the same public notice procedure as is required for a change of zoning classification, and described in Article XI of this Chapter.
3. 
Following the aforesaid public hearing, the Planning and Zoning Commission shall transmit the petition and its recommendations to the Board of Aldermen with a statement of reasons in support of the recommendation. If the recommendation is one of approval, it shall contain recommended conditions or restrictions to be included in the conditional use permit. The conditions or restrictions shall include, but not be limited to:
a. 
Time limitations for submission of final development plans and commencement of construction as required by this Section.
b. 
Uses permitted in the district.
c. 
Performance standards for operation of the conditional uses.
d. 
Requirement that any transfer of ownership or lease of property in the district include in the transfer or lease agreement a provision that the purchaser or lessee agrees to be bound by the conditions of the ordinances authorizing the establishment of the district.
e. 
A statement that the property adjacent to the area included in the plan will not be adversely affected.
f. 
A statement that the plan is consistent with the intent and purpose of this Chapter to promote the public health, safety, morals and general welfare.
g. 
A statement that buildings shall be used only for the uses permitted in the "R-1" Single-Family District.
h. 
A statement that the average lot area per family contained in the site, exclusive of the area occupied by public rights-of-way, will not be less than the lot area per family required by the Planning and Zoning Commission.
i. 
Any additional conditions imposed upon the development by the Planning and Zoning Commission.
4. 
Upon receipt of the petition and the recommendation of the Planning and Zoning Commission, the Board of Aldermen may enact a resolution disapproving or approving the application for a conditional use permit. If the development plan is approved, the resolution of approval shall contain the conditions and restrictions imposed upon the plan by the Board of Aldermen. The Board of Aldermen has the right to impose any condition or restriction it determines to be proper. Upon approval of the conditional use permit, the petitioner shall then submit the final development plans to the Planning and Zoning Commission within the period of time specified in the resolution of approval passed by the Board of Aldermen. The plans shall include such information as is required by the Planning and Zoning Commission for adequate consideration of the plans. The plans shall satisfy the requirements of all pertinent City ordinances where applicable.
5. 
After review of the final development plan by the Planning and Zoning Commission and approval of the plan by the Board of Aldermen, a copy of the final development plan shall be recorded by the developer with the City Clerk. The plan shall be accompanied by the conditions and restrictions set out in the resolution of approval passed by the Board of Aldermen.
[R.O. 1993 § 400.420; Ord. No. 250 § B, Art. VIII, 1-28-1974; Ord. No. 787 §§ 2 — 3, 7-18-2005]
A. 
After the issuance of a conditional use permit, the following shall apply:
1. 
All conditions relating to or limiting the use, status, or operation of the development of a tract of land after issuance of a building permit shall be posted in a conspicuous public place on the premises for at least fifteen (15) days prior to the issuance of an occupancy permit. So long as a substantial part of the development remains in single ownership or ownership of any part of the property is retained or held by the developer or by the Aldermen with duties imposed by this Chapter or by conditions imposed under authority thereof, such person or persons shall maintain such list of conditions in a conspicuous public place, and failure to do so shall constitute a violation of this Chapter.
2. 
No buildings or facilities may occupy or use any portion of said tract of land until the required improvements are constructed or a performance bond or escrow posted covering the estimated cost of construction as determined by the Planning and Zoning Commission. If said tract is to be developed in sections, all improvements necessary to the proper operation and functioning of the section, even though same may be located outside of the section, must be constructed and installed or a performance bond or escrow posted covering the estimated cost of improvements as determined by the Planning and Zoning Commission.
3. 
If substantial construction or development of said tract does not begin within the period of time specified in the conditions of the resolution of approval passed by the Board of Aldermen, the Board of Aldermen may, on its motion or upon the recommendation of the Planning and Zoning Commission, repeal the resolution of approval of the conditional use permit and pass a resolution disapproving the same.
4. 
The time limitations specified in the resolution approving the conditional use permit for submission of final development plans or for completion of construction may be extended by the Board of Aldermen for reason.
5. 
After recording of a final development plan, changes not inconsistent with the purpose or intent of this Article may be approved by the Board of Aldermen upon the recommendation of the Planning and Zoning Commission. Changes affecting the purpose or intent of this Article shall require a new resolution for approval of a conditional use permit.
[R.O. 1993 § 400.430; Ord. No. 250 § C, Art. VIII, 1-28-1974; Ord. No. 787 §§ 2 — 3, 7-18-2005]
Each application for a conditional use permit shall be accompanied by a filing fee of fifty dollars ($50.00) to assist in defraying general expenses in connection with the application.