A. Criteria for granting conditional use permits. In granting a conditional use permit, the City Council of Kellogg shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use on the Comprehensive Plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the City Council shall make the following findings where applicable.

(1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities, which serve or are proposed to serve the area.

(2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land, and there will be no deterrence to development of vacant land.

(3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent properties.

(4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use.

(5) The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use.

(6) The use is not in conflict with the Comprehensive Plan of the City.

(7) The use will not cause traffic hazards or congestion.

(8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided by applicant.

[Amended 1-12-2004]

B. Additional conditions.

(1) In permitting a new conditional use or in the altering of an existing conditional use, the City Council may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions which the City Council considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to the following:

(a) Increasing the required lot size or yard dimension.

(b) Limiting the height, size or location of buildings.

(c) Controlling the location and number of vehicle access points.

(d) Increasing the street width.

(e) Increasing the number of required off-street parking spaces.

(f) Limiting the number, size, location or lighting of signs.

(g) Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.

(h) Designation of sites for open space.

(i) Establish a time of operations.

[Amended 1-12-2004]

(2) The Zoning Administrator shall maintain a record of all conditional use permits issued including information on the use, location, and conditions imposed by the City Council; time limits, review dates, and such other information as may be appropriate.

C. The following are required exhibits for conditional use permits:

(1) A preliminary building and site development plan. The City Council may also require a boundary survey of the property.

(2) Evidence of ownership or enforceable option on the property.

D. Procedure. The procedure for obtaining a conditional use permit is as follows:

(1) The property owner or his agent may meet with the City Council to explain his/her situation, learn the procedures and obtain an application form.

[Amended 1-12-2004]

(2) The applicant shall file the complete application form, together with the required exhibits, with the City Council and shall pay a filing fee as established by the City Council.

(3) The City Council shall transmit the application to the Planning Commission.

(4) The Planning Commission shall set the date for a public hearing and shall have notice of such hearing published at least once in the legal newspaper, not less than 10 days and not more than 30 days prior to said hearing, and shall notify all property owners within 350 feet of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings.

(5) The Planning Commission shall hold the public hearing and then shall study the application to determine possible adverse effects of the proposed conditional use and to determine what additional requirements may be necessary to reduce such adverse effects and recommend one of three actions to the City Council within 30 days after holding the public hearing: approval, denial or approval with special conditions.

(6) The City Council shall take appropriate action on the request for a conditional use permit within 30 days of receiving the recommendations by the Planning Commission. If it grants the conditional use permit, the City Council may impose conditions it considers necessary to protect the public health, safety and welfare.

(7) Revocation of conditional use permits. Where a conditional use permit has been issued pursuant to the provisions of this chapter, such permit shall become null and void without further action by the Planning Commission or the City Council unless work thereon commences within 12 months of the date granting such conditional use. The conditional use permit shall not be assignable unless approved by the City Council. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than 12 consecutive months.

(8) In the event that the applicant violates any of the conditions set forth in this permit, the City Council shall have the authority to revoke the conditional use permit.

(9) No application of a property owner for a conditional use shall be considered by the Planning Commission within a one-year period following a denial for such a request, except the Planning Commission may permit a new application if, in its opinion, new evidence or a change in circumstances warrants it.