Conditional uses are those type of uses which, due to their nature, are dissimilar to the normal uses permitted within a given zoning district or where product, process, mode of operation, or nature of business may prove detrimental to the health, safety, welfare or property values of the immediate neighborhood and its environs. Within the various zoning districts specific uses may be permitted only after additional requirements are complied with as established within this article.

(Ord. No. 740, art. 13, § 1, 2-15-2001)

The consideration of a conditional use application shall be handled in the same manner as a zoning amendment regarding the requirements for public hearing, notices, protests and action by the planning commission and city council. A site plan may be required for consideration in the review process of a conditional use.

(Ord. No. 740, art. 13, § 2, 2-15-2001)

A conditional use permit shall not be granted unless specific written findings of fact directly based upon the particular evidence presented support the following conclusions:

(1)

The proposed conditional use complies with all applicable provisions of these regulations, including intensity of use regulations, yard regulations and use limitations, unless specifically exempted by the provisions of these regulations.

(2)

The proposed conditional use at the specified location will contribute to and promote the welfare or convenience of the public.

(3)

The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.

(4)

The location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to the location, nature and height of buildings, structures, walls and fences on the site, and the nature and extent of landscaping and screening on the site.

(5)

Off-street parking and loading areas will be provided in accordance with the standards set forth in these regulations, and such areas shall be screened from adjoining residential uses and located so as to protect such residential uses from any injurious effect.

(6)

Adequate utility, drainage and other such necessary facilities have been or will be provided.

(7)

Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.

(Ord. No. 740, art. 13, § 3, 2-15-2001)

In granting a conditional use, the city may impose such conditions, safeguards and restrictions upon the premises to reduce or minimize any potential injurious effect of such conditional uses upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations. The following additional conditions shall be a requirement for the approval of the following conditional uses:

(1)

Day care centers. Day care centers for more than nine children or adults shall provide at least 100 square feet of open space per child. This open space shall be enclosed by a solid or semi-solid fence or wall at least six feet, but not more than eight feet high. A loading zone capable of accommodating at least two automobiles for picking-up or dropping-off passengers is also required.

(2)

Breeding and boarding kennels. The minimum lot size shall not be less than one acre. No kennel buildings or runs shall be located nearer than 75 feet to any property line. All kennel runs or open areas shall be screened around such areas or at the property lines to prevent the distraction or excitement of the dogs. Such screening shall be either a solid or semi-solid fence or wall at least six feet, but not more than eight feet, high and having a density of not less than 80 percent per square foot.

(3)

Attached single-family dwellings. Single-family dwellings on separate lots, but attached to adjacent dwellings by means of a common wall shall conform to the following standards. The common wall between attached units shall be on the side lot line separating the two lots and shall not be subject to side yard requirements providing there are no doors, windows, vents or other openings in the common wall. No unit shall have a common wall on more than two sides or have a depth greater than three times its width. Any exterior wall that is not a common wall must meet all yard requirements, and each lot must have direct access to a public street. The deed to each lot must include covenants requiring the proper and timely reconstruction of any damaged or destroyed dwellings. The minimum lot width shall not be less than 20 feet and the minimum lot area shall be at least 3,000 square feet.

(Ord. No. 740, art. 13, § 4, 2-15-2001)