§ 137-43. Conditional use permits.

(a)

It is recognized that there are certain land uses which, because of their unique characteristics cannot be classified as a permitted use in a particular zoning district without consideration in each specific case the impact of those uses upon surrounding land and neighborhoods, and therefore it is recognized that conditional use permits approved by the board of zoning appeals under the provisions of this chapter and with other reasonable conditions imposed, may ensure that the land use will not negatively impact upon the surrounding land and neighborhoods.

(b)

A conditional use permit shall not vary the applicable sections on height, area, and developmental regulations.

(c)

The board of zoning appeals may, from time to time and after the property owner has filed a petition requesting a conditional use permit, grant conditional use permits in the manner prescribed as follows:

(1)

A request for a conditional use permit shall be submitted in writing on a form prescribed by the board of zoning appeals, along with the payment of fees as prescribed by the board of zoning appeals. A site plan shall be submitted with all conditional use permit requests and become part of the conditional use permit.

(2)

The board of zoning appeals shall hold a public hearing on the request in accordance with state statute.

(3)

The board of zoning appeals shall not consider any proposed conditional use permit which is substantially the same as any proposed conditional use permit submitted within the previous 12 months and which has been rejected by the board of zoning appeals.

(4)

The staff shall distribute a copy of the site plan to the following agencies for review and comment:

a.

Fire department.

b.

Water department.

c.

Electric department.

d.

Department of engineering.

e.

County health department.

The staff of the department of city planning shall utilize comments from those departments, and then prepare and submit a written analysis and recommendation to the board of zoning appeals.

(5)

The board of zoning appeals shall use the staff analysis, recommendations and other information as a basis from which to impose additional but reasonable conditions, should the board of zoning appeals decide that approval of the request is in order.

(d)

A conditional use permit shall be held invalid after a period of one year from the date of board of zoning appeals approval unless the facility is completed and in operation, or a building permit has been obtained and construction is diligently being pursued to completion.

(e)

Whenever the property for which a conditional use permit has been granted by the board of zoning appeals under the terms of this chapter is abandoned or becomes vacant for six months or more, such conditional use permit shall terminate.

(f)

A conditional use permit shall be valid only for the property as legally described in the approved conditional use permit, and the conditional use permit shall not be valid on any other property, contiguous or otherwise.

(g)

Should any provisions of the conditional use permit be violated, the city planner or his designated representative shall pursue the violation as required under sections 137-45 through 137-47 which may be amended from time to time.

(Code 1985, § 159.283; Ord. No. 3256, 3-20-1989)