[R.O. 2003 § 405.320; CC 1997 § 18-101; Ord. No. 829-95 § 18-101, 3-27-1995]
A.
Application for a conditional use permit
shall be made to the Zoning Administrator who shall promptly refer
it to the Planning and Zoning Commission. The application, request
for conditional use permit, shall be provided by the City Clerk or
Zoning Administrator.
B.
The Planning and Zoning Commission shall
hold a public hearing on the application within thirty (30) days after
it is filed.
C.
The Planning and Zoning Commission shall
report its actions to the Board of Aldermen within ninety (90) days
after the filing of the application. Such actions shall include an
accurate description of the proposed special use, a description of
the property upon which special use is sought to be located, along
with any other recommendations or proposed conditions of the Planning
and Zoning Commission.
D.
A conditional use permit shall be granted
by a majority vote of the Planning and Zoning Commission upon written
findings of fact that the following conditions have been complied
with. Approval may be subject to such further conditions as the Planning
and Zoning Commission may deem necessary. All conditional use permit
applications are subject to appeal to the Board of Aldermen.
1.
The proposed development is likely
to be compatible with development permitted under the general provisions
of this Chapter and substantially all land in the vicinity of the
proposed development.
2.
The conditional use will not be injurious
to the use and enjoyment of the environment or detrimental to the
rightful use and enjoyment of other property in the immediate vicinity.
3.
The proposed use is consistent with
the overall comprehensive municipal plan and with the spirit and intent
of the provisions of this Chapter.
[R.O. 2003 § 405.330; CC 1997 § 18-102; Ord. No. 829-95 § 18-102, 3-27-1995]
In the event that the Planning and
Zoning Commission, and upon appeal, the Board of Aldermen denies an
application for a conditional use permit, the factual basis and reasons
for denial shall be set forth in written findings of fact. Such findings
shall be adopted contemporaneously with the action of denial.
[R.O. 2003 § 405.340; CC 1997 § 18-103; Ord. No. 829-95 § 18-103, 3-27-1995]
Where a conditional use does not
continue in conformity with the conditions of the original approval,
the conditional use permit shall be terminated by the Board of Aldermen,
provided that the permit shall not be revoked unless the permittee
has first been granted a public hearing.
