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Sec. 24.100. Purposes and Authorization. <br />In order to give the district use regulations the flexibility necessary <br />to achieve the objectives of this ordinance, in certain districts con- <br />ditional uses are permitted, subject to the granting of a use permit. <br />Because of their unusual characteristics, conditional uses require <br />special consideration so that they may be located properly with re- <br />spect to the objectives of the zoning ordinance and with respect to <br />their effects on surrounding properties. In order to achieve these <br />purposes, the City Planning Commission is empowered to grant and <br />to deny applications for use permits for such conditional uses in <br />such districts as are prescribed in the district regulations and to <br />impose reasonable conditions upon the granting of use permits, <br />subject to the right of appeal to the City Council or to review by <br />the Council. <br /> <br />Sec. 24.101. Application and Fee. <br />24.101.1. Data and Maps to be Furnished. <br /> Application for a use permit shall be filed with the Zoning Ad- <br /> ministrator on a form prescribed by the City Planning Com- <br /> mission and shall include the following data and maps: <br /> a. Name and address of the applicant. <br /> b. Statement that the applicant is the owner or the authorized <br /> agent of the owner of the property on which the use is proposed <br /> to be located. This provision shall not apply to a proposed pub- <br /> lic utility right of way. <br /> c. Ad~lress of description of the property. <br /> d. Statement indicating the precise manner of compliance with <br /> each of the applicable provisions of this ordinance, together <br /> with any other data pertinent to the findings prerequisite to <br /> the granting of a use permit, prescribed in Sec. 24.105, (Find~ <br /> ings). <br /> e. An accurate scale drawing of the site and the surroun~ling area <br /> showing existing streets and property lines for a distance from <br /> each boundary of the site determined by the Zoning Administra- <br /> tor to be necessary to illustrate the relationship to and impact <br /> on 'the surrounding area. <br /> f. An accurate scale drawing of the site showing the contours at <br /> intervals of not more than five feet and existing a.nd proposed <br /> locations of streets, property lines, uses, structures, driveways, <br /> pedestrian walks, off-street parking and off-street loading fac- <br /> ilities, landscaped areas, trees, fences, and walls. <br /> g. In a Q district, an application for rock, sand, or gravel extrac- <br /> tion or processing shall be accompanied by the data and plans <br /> prescribed in Sec. 9.104.1, (Plan and Operating Data Required), <br /> and 9.104.2, (General Plan for Re-use Required). <br /> h. The Zoning Administrator may require additional information, <br /> plans, and drawings if they are necessary to enable the Com- <br /> mission to determine whether the proposed use will comply with <br /> all of the applicable provisions of this ordinance. The Zoning <br /> Administrator may authorize omission of any or all of the plans <br /> and drawings required by this section if they are not necessary. <br /> <br /> 24.101.2. Fee. <br /> The application shall be accompanied by a fee established by <br /> resolution of the City Council to cover the cost of hanrlling the <br /> application as prescribed in this article, except that there shall <br /> be no fee for application for a conditional use in an S district. <br /> <br /> See. 24.102. Public Hearing. <br /> The City Planning Commission shall hold at least one public hearing <br /> on each application for a use permit. The hearing shall be set and <br /> notice given as prescribed in Sec. 1.109, (Public Hearing Time and <br /> Notice). At the public hearing the Commission shall review the <br /> application and the drawings submitted therewith and shall receive <br /> pertinent evidence concerning the proposed use and the proposed <br /> conditions under which it would be operated or maintained, par- <br /> ticularly with respect to fhe findings prescribed in Sec. 24.105, <br /> (Findings). <br /> <br /> Sec. 24.103. Investigation and Report. <br /> The Zoning Administrator shall make an investigation of the appli- <br /> cation and shall prepare a report thereon which shall be submitted <br /> to the City Planning Commission and made available to the appli- <br /> cant prior to the public hearing. <br /> <br /> Sec. ~,4.104. Action of the City Planning Com~nission. <br /> Within 40 days following the closing of a public hearing on a use <br /> permit application, the City Planning Commission shall act on the <br /> application. The Commission may grant by resolution an application <br /> for a use permit as the use permit was applied for or in modified <br /> <br />form, or the application may be denied. A use permit may be <br />wcable, may be granted for a limited time period, or may be gran <br />subject to such conditions as the Commission may prescribe. Cm <br />tions may include but shall ~et be limited to requiring special ya~ <br />open spaces, buffers, fences, and walls; requiring installation : <br />maintenance of landscaping; requiring street dedications and <br />provements; regulations of points of vehicular ingress and egm <br />regulation of traffic circulation; regulation of signs; regulation <br />hours of operation and methods of operation; control of poten <br />nuisances; prescribing standards for maintenance of buildings : <br />grounds; and prescription of development schedules. A use per <br />may not grant variences to the regulations prescribed by this om <br />a.nce for fences, walls, hedges, screening, and landscaping; site a' <br />width, frontage, and depth; front, rear, and state yards; basic fl <br />area; height of structures; distances between structures; co~ <br />usable open space; signs; or off-street parking facilities and <br />street loading facilities, for which variance procedures are prose <br />ed by Article 25, (Variances). <br /> <br />See. 24.105. Findings. <br />The City Planning Commission shall make the following find! <br />before granting a use permit: <br /> a. That the proposed location of the conditional use is in ac~ <br /> with the objectives of this ordinance and the purposes of <br /> district in which the site is located. <br /> b. That the proposed location of the conditional use and <br /> conditions under which it would be operated or maintaJ <br /> will not be detrimental tu the public health, safety, or welt <br /> or materially injurious to properties or improvements in <br /> vicinity. <br /> c. That the proposed conditional use will comply with eacl <br /> the applicable provisions of this ordinance. <br /> <br /> Sec. 24.106. Effective Date of Use Permit. <br /> Within ten flays following the date of a decision of the City t <br /> ning Commission on a use permit application, the Secretary ~ <br /> transmit written notice of the decision to the City Council an, <br /> the applicant. A use permit shall become effective 15 days roi <br /> lng the date on which the use permit was granted or on the <br /> following the next meeting of the Council, whichever is later, <br /> less an appeal has been taken *.o the Council, or unless the Cot <br /> shall elect 'co review the decision of the Commission. A use <br /> mit shall become effective immediately after it is granted by <br /> Council. <br /> <br /> Sec. 24.107. Review or Appeal. <br /> The City Council may elect to review a decision of the City l <br /> ning Commission as prescribed in Sec. 1.110, (City Council <br /> view), or a decision of the Commission may be appealed to the <br /> Council by the aplicant or by any other person as prescribe <br /> Sec. 1.111, (Appeal to Board of Adjustment, City Planning I <br /> mission, ar City Council). An appeal shall be heard and acted 1 <br /> as prescribed in Sec. 1.112, (Public Hearing on Appeal), and <br /> 1.113, (Action on Appeal). <br /> <br /> Sec. 24.108. Lapse of Use Permit. <br /> a. A use permit shall lapse and shall become void one year fo <br /> lng the date on which the use permit became effective, ul <br /> prior to the expiration of one year a building permit is is <br /> and construction is commenced and diligently pursued to' <br /> completion on the site which was the subject of the use pc <br /> application, or a certificate of occupancy is issued for the s <br /> ture which was the subject of the use permit applicatio~ <br /> the site is occupied if no building permit or certificate o <br /> cupancy is required, provided that a use permit for a p <br /> utility installation may be valid for a longer period if spec <br /> by the City Planning Commission, and provi'ded that in <br /> district a use permit for rock, sand, or gravel extractio <br /> processing shall be subject to fhe provisions of Sec. 9.1 <br /> (Term of Use Permit; Review Required). <br /> b. A use permit subject to lapse may be renewed for an addl <br /> al period of one year, provided that prior to the expir <br /> date, an application for renewal of the use permit is filed <br /> the Commission. <br /> c. The Commission may grant or deny an application for ten <br /> of a use Permit. <br /> d, Secs. 24.101 through 24.10r/ shall apply to an applicatio~ <br /> renewal of a use permit. <br /> <br /> Sec. 24.109. Pre-Existing Conditional Uses. <br /> a. A conditional use legally established prior to the effective <br /> <br /> <br />