5-3 CONDITIONAL USES

The City Council may hear and decide applications for conditional uses, to the extent that such conditional uses are allowed in the particular zoning district under Chapters 12-8, 12-9, 12-10 and 12-11 of this Ordinance. Should the City Council decide to grant an application for a conditional use, it shall impose upon such conditional use such conditions and limitations as may be necessary to protect adjacent properties and the public welfare. Any conditional use permit issued pursuant to this Ordinance may be revoked upon failure of the permit holder to comply with the conditions and limitations made part of the conditional use permit when issued or modified. 1. APPLICATION. An individual desiring a conditional use permit shall submit to the Planning and Zoning Commission a written application for a conditional use permit indicating the section of this Ordinance describing the zoning district in which the conditional use is desired and stating the grounds upon which it is requested. This application shall be accompanied by detailed site plans, and drawn to scale, etc., after being reviewed by the Planning and Zoning Commission, it shall be referred to the City Council for approval. ZONING 2. REGULATIONS 3. CRITERIA. The City Council shall not issue a conditional use permit where such proposed use is not allowed as a conditional use in the specific zoning district where sought, as such permissible conditional uses are specified in Chapters 12-8, 12-9, 12-10 and 12-11 of this Ordinance. In addition, the City Council shall not issue conditional use permit unless the substantial evidence presented by the applicant is such as to establish that: a. The proposed use of the property is necessary or desirable to provide a service or a facility which will contribute to the general welfare of the neighborhood and the community. b. Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; c. The proposed use will comply with the regulations and conditions specified in this ordinance and in the conditional use permit; d. The proposed use will conform with the letter and intent of the Wellington City General Plan. CONSIDERATIONS. In making the decision as to whether to grant or deny an application for a conditional use permit, the City Council shall consider and make written findings with respect to the following: a. Ingress and egress to the property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; b. Off-street parking and loading areas where required, with particular attention to the items in (a) above and the economic, visual, audible, or odorous effects of the conditional use on adjacent properties, and properties within the zoning district; c. Refuse and service areas, with particular reference to the items in (a) and (b) above; d. Utilities, with reference to locations, availability, and compatibility with adjacent land uses and land uses within the zoning district; e. The desirability or necessity, and availability of reasonable buffer zone, with specific reference to the type, dimensions and character of such a zone; f. Signs, if any and proposed exterior lighting with reference to visual and economic effect, particularly as related to traffic safety, and compatibility and harmony with properties in that district; g. Provisions for required yards, courts or other open spaces. 4. TIME LIMIT. A conditional use permit shall expire by limitation and become null and void if the work authorized by such permit has not been substantially commenced within one hundred eight (180) days, or is not completed within one (1) year from the date of issue; except that the City Council may, upon original application or at any time prior to the expiration of the permit, grant an extension of time to fit the reasonable requirements of the project. 5. FEES. An applicant for a conditional use permit shall, upon application, pay an non-refundable fee to the City to cover the City's costs for reviewing the application. Should the City Council issue the conditional use permit, the holder thereof shall pay a non-refundable fee the City to cover the City's costs in monitoring the conditions of the permit. Such fees shall be sent by the City Council as set forth in Section 12-1-6 of this Ordinance. 6. VIOLATIONS. Any conditional use permit holder who violates the provisions of the conditional use permit granted under this Code shall have two (2) weeks from receiving written notice from the City Council within which to remedy that violation. If the holder does not remedy the violation within that time, the City Council may, after a hearing on the matter, revoke the conditional use permit and the use will no longer be allowed. The City may also pursue any remedy under this Code or at law to remedy a violation.