3.6 CONDITIONAL USE REVIEW

There are certain uses that, because of unique characteristics or the potential for detrimental impacts, may not be compatible in some areas of a zone or may be compatible only if certain conditions are imposed. The Planning Commission will evaluate all conditional use permit applications. The Planning Commission shall review all applications for a conditional use permit according to the following procedure: A. DEVELOPMENT REVIEW COMMITTEE. If determined necessary by the Planning Commission, an applicant shall attend a pre-application conference with the Planning Commission and other city staff or departments to discuss the proposed improvements Final copy approved by Fountain Green City Council February 18, 2008. Minor changes 3.6 F and G April 19, 2012. 3.20 Amended October 18, 2012. Amended section 3.15 January 19, 2023. Amended sections 3.2 & 3.15 March 16, 2023. Revise section 3.6 G January 18, 2024. Revise section 3.6 F & G January 16, 2025. Updated & Revised Jan 22, 2026. associated with the conditional use and the conditions that the staff would recommend to mitigate proposed adverse impacts. This meeting will allow any other City Departments to provide comments on the application. B. THE APPLICATION. An applicant must pay all appropriate fees upon approval of a complete application. C. PUBLIC HEARING. Upon receipt of a complete application, the Planning Commission shall provide reasonable notice if required by Section 3-9. The Planning Commission may conduct a public hearing on the conditional use permit application and shall either approve, deny, or modify and approve the application. D. STANDARDS FOR REVIEW. The City shall not issue a conditional use permit unless the Planning Commission, in consideration of all other conditional uses granted, concludes that the application complies with the standards of review specific to the zone in which the use is proposed. E. TRANSFERABILITY. A conditional use permit runs with the land. F. EXPIRATION. Conditional use permits expire one year after the month of approval by the City Council and Mayor. When any provision of the Conditional Use Permit is utilized, the other portions and conditions related thereto become immediately operative and shall be strictly enforced. Utilization shall be construed to mean any degree of commencement of the use or uses for which the Conditional Use Permit was granted. G. REVOCATION. A Conditional Use Application approved under this Chapter may be revoked by the City Council if any approval requirements are not met or if the permit is used to violate any law or Ordinance. The City shall notify the permit holder by certified mail of any violation or deficiency in meeting approval requirements. If no attempt to correct the violation is made within ten (10) business days after notification, the City Council may revoke a conditional use approval if: (1) one of more conditions of approval have not been met; (2) the approval was obtained fraudulently; (3) the approved use has ceased for at least six consecutive calendar months; or (4) the permit is used to violate any law or Ordinance. If an amendment to the conditions of the permit is requested, the Applicant must submit a new Application to the City for approval by the Planning Commission and City Council, as applicable, in accordance with this Chapter. Any person aggrieved by a decision of the Planning Commission or City Council regarding a Conditional Use Application may appeal such decision as provided by Chapter 5 (Appeal Authority) herein. H. APPEALS. Appeals must be made pursuant to Section 3-18 herein.