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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
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