Section 29-23 Conditional use permits.
Prior to the adoption of Ord. 21095 on 09/19/2011, Section 29-23 read as follows.
(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
(4) Plans or other evidence, as appropriate, that support
the conclusions set forth in
(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
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
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
(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
(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
development at his discretion.
(Code 1964, § 19.200; Ord. No. 9958, § 1, 10-3-83)