F. - Conditional Use Permits.

(1)

All petitions applying for a conditional use permit shall be filed with the Commission for hearing and determination.

(2)

Before any action shall be taken as provided in this section, the party or parties requesting a conditional use permit shall deposit with the city clerk the sum of sixty-five dollars ($65.00) to cover the approximate cost of this procedure and under no condition shall said sum or any part thereof be refunded for failure of said charge to be adopted by the council.

(3)

Upon receipt of the petition for conditional use permit the Commission shall fix a reasonable time for the hearing on the petition, not less than ten nor more than thirty days from the filing of the petition. Notice of the date, time and place of the hearing shall be given to the petitioner not less than ten days before such hearing. The Commission shall cause notice of the date, time, place and general purpose of the hearing to be mailed by ordinary mail to the owners of the land within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the area proposed to receive the conditional use permit and the Commission shall give such other public notice as is required by law.

(4)

The Commission shall have full power and authority to approve or disapprove the petition for a conditional use permit. The Commission may amend the conditions under which the petitioner may establish the conditional use if the use is approved by the Commission.

(5)

The hearing may be continued by the Commission for good cause or upon the agreement of the petitioner and the Commission. The Commission may make rulings regarding and/or limiting the production of evidence at the hearing. The Commission shall render its decision at the hearing.

(6)

In reviewing conditional use applications, the Commission shall determine, in its judgment that:

(a)

The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(b)

The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood.

(c)

The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

(d)

Adequate utilities, access roads, drainage, and/or other necessary facilities will be provided.

(e)

Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(f)

The conditional use shall in all other respects conform to the applicable regulations of the district in which it is located and the Commission shall find that there is a public necessity for the conditional use.

(7)

The decision of the Commission together with the record of each member's vote or abstinence if not voting, shall be open to the public.

(8)

If the Commission shall approve the application for conditional use permit, its decision shall be final unless a written objection to the decision is filed with the City Council not later than fourteen days after the hearing date seeking a review of the Commission's decision and the Council may thereafter approve the conditional use permit by a vote of two-thirds of all the members of the City Council. If the Commission shall disapprove the application for conditional use permit, the petitioner may within fourteen days after the hearing date submit the petition to the City Council for review and the City Council may thereafter approve the conditional use permit by vote of three-fourths of all members of the city council.

(9)

Notice of the date, time, place and general purpose of the determination before the City Council shall be sent by ordinary mail in either case to those persons to whom notice must be sent as provided for in paragraph (3) immediately above.

(10)

The determination of the City Council either approving or disapproving the conditional use permit, shall be a final decision as provided in Chapter 536 of the Revised Statutes of Missouri.

(11)

If a conditional use is not established in one year of the date the conditional use permit is granted or if a conditional use once established is terminated and not resumed for a continuous period of one year after the termination, then the permit shall expire and be of no further force and effect and a new application process shall be required before the use can resume.

(Ord. No. 3709, § 28, 5-28-96)