2005-11-01 P & Z Agenda - Laserfiche WebLink

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. B. A Conditional Use Permit shall be granted only if evidence is presented to establish: - - - l. That the proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or City; 2. That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and, . 3. That the proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. C. The Council may impose such conditions upon the premises benefited by a conditional use as may be necessary to prevent or minimize injurious effects therefrom upon other property in the neighborhood. Violation of such conditions and safeguards shall be a violation of this Chapter. ~-. Snoa.c;J~ Procettur". .~~... ---c-~==,~=-~ ---~- ~- A. An application for a Conditional Use Permit shall be submitted in triplicate to the Zoning Administrator. The Planning Commission or the Council may require any additional information they deem necessary before a hearing is held. In the Flood Plain Districts, the application shall also follow the requirements of Chapter 155, Flood Damage Prevention. B. A public hearing shall be set, noticed and conducted by the Planning Commission in accordance with this Chapter. The Commissioner of Natural Resources shall be given at least ten (10) days' notice of hearing of all applications for conditional uses in the Flood Plain Districts. C. Within thirty (30) days after the conclusion of the public hearing, the Planning Commission shall transmit to the Council a written report containing its recommendations concerning the proposed conditional use. Such report shall be accompanied by findings of fact specifying the reasons for the recommendation. In considering conditional use applications in the Flood Plain Districts, the Planning Commission shall consider all requirements of this Chapter together with Chapter 155, Flood Damage Prevention. D. The Council shall, within thirty (30) days of the receipt of the report of the Planning Commission, grant or deny the conditional use or refer the matter back to the Planning Commission for further consideration. The Council shall not grant a conditional use unless it finds that the standards of this Section have been satisfied. Any proposed conditional use which fails to receive the approval of the majority ofthe members of the Planning Commission voting upon it shall not be approved except by a favorable vote of four-fifths of all of the elected members of the Council. E. A Conditional Use Permit shall be valid for a period of one (1) year, after which the same shall be revoked in the event that any proposed construction, alteration or operation has not been started in accordance with the terms of such permit. 62