Section 29-23 Conditional use permits.

    (a) Purpose. It is the purpose of this section to provide for conditional use permits which may be granted only for uses expressly listed in the conditional use subsections of the zoning districts established in this chapter.

    (b) Application. Application for a conditional use permit shall be made to the board of adjustment and shall be accompanied by the following:

    (1) A completed application form.

    (2)    A deposit to cover legal advertising costs.

     (3)    An accurate legal description of the subject property.

    (4)    Plans or other evidence, as appropriate, that support the conclusions set forth in subsection (c).

    (c) Procedure:

    (1)    The applicant shall submit all necessary information and materials to the city clerk. The city clerk shall then refer the application to the director of community development who shall review the request to determine its compliance with the provisions of this chapter. A report on the proposal shall be made to the board of adjustment at the time the application is to be considered. The city clerk shall handle all notification procedures.

    (2)    The board shall hold a public hearing on the application.

    (3)    After giving due consideration to the following standards, the board may grant a conditional use permit stipulating any conditions deemed necessary to carry out the provisions and intent of this chapter:

        a.    The proposed conditional use is in compliance with all regulations of the applicable zoning district.

        b.    The proposed conditional use will be in conformance with the character of the adjacent area, within the same zoning district, in which it is located. In making such a determination, consideration may be given to the location, type and height of buildings or structures and the type and extent of landscaping and screening on the site.

        c.    Off-street parking and loading areas are provided in accordance with the standards set forth in section 29-30.

        d.    Adequate utilities, drainage, and other such facilities are provided.

        e.    Adequate access is provided and is designed to prevent traffic hazards and minimize traffic congestion.

    (d) Duty to Comply With Other Laws. Approval and issuance of such permit shall not be deemed to relieve the permittee of the duty to comply with the provisions of other laws and ordinances.

    (e) Violation. The violation of any condition imposed by the conditional use permit shall constitute a violation of this chapter.

    (f) Tenure of Permit. The granting of a conditional use permit is to allow that use on the specific site. If the use is not substantially altered, it shall be allowed on the site regardless of ownership. A conditional use permit may not be transferred to any other site.

    (g) Amendment. Amendment or addition to any conditional use permit is subject to the same procedures as those which apply to a new application. Minor adjustments to an approved conditional use permit may be authorized by the director of community development at his discretion.

(Code 1964, § 19.200; Ord. No. 9958, § 1, 10-3-83; Ord. No. 21095, § 13, 9-19-11)

(Ord. 21095, Amended, 09/19/2011, Prior Text)