In certain zones, conditional uses are permitted in order to give the zone use regulations of this title the flexibility necessary to achieve the objectives of this title. Conditional uses are specific types of uses that may be allowed to locate in a zoning district; provided, that it complies with established preconditions. Because of their unusual characteristics, conditional uses require special consideration by the planning commission so that they may be properly integrated into the community of uses which may be suitable only in specific locations in a zone, or only if such uses are designed or laid out in a particular manner on the site. Conditional use shall ordinarily be construed as to mean the allowing of an activity as opposed to a variance, which is construed to refer to a physical variation.

(Ord. 1001, 3-25-1997, eff. 4-16-1997)

The appointed members of the planning commission may grant conditional use permits in accordance with the procedures as set forth in this title.

(Ord. 1001, 3-25-1997, eff. 4-16-1997)

In considering an application for a conditional use, the appointed members of the planning commission shall consider the nature and condition of all adjacent uses and structures, and may impose such requirements and conditions as deemed necessary with respect to location, construction, maintenance and operation of the use, in addition to those expressly provided in this title for the particular use, as may be necessary for the protection of adjacent properties and which are in the public interest. Before approving or conditionally approving a conditional use permit, the commission shall determine that the establishment, maintenance and operation of a proposed conditional use will not be detrimental to the health, safety, morals or the general welfare of the city.

A.

In determining whether the application meets the requirements above, the commission shall, as a minimum, find that satisfactory provisions and arrangements have been made for the following, where applicable:

1.

That the use will be in substantial conformance with the master plan and future land use map, and any applicable area master plan.

2.

That the use will be designed, constructed, and operated so as to be compatible with adjacent uses of land, the existing or planned character of the general vicinity, and the natural environment.

3.

That the building layout, including building height and bulk, lighting, landscaping and screening, on site or off site parking, ingress and egress, loading facilities, and waste disposal shall be designed to not be materially detrimental to uses and property in the immediate area.

4.

That the development shall be located and designed to avoid undue noise, odor, traffic or other nuisances and dangers to abutting property owners.

5.

That the use will be served by adequate essential public facilities and services including, but not limited to, streets, fire and police protection, electrical, water, storm and sanitary sewer service.

B.

When acting on a conditional use permit, the planning commission shall make written findings which shall specify facts relied upon by the commission in rendering its decision and in attaching conditions and safeguards, and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements of this section, which shall be included in the minutes of the meeting.

(Ord. 1001, 3-25-1997, eff. 4-16-1997)

Upon receipt of the necessary fee and a complete application, the community development director shall set the time and place for the public hearing before the planning commission. The procedures for filing of application, filing fee, investigation, notices, public hearings, findings and decisions, appeals, conditions, voidance, revocation and extension of time shall be in accordance with the procedures and requirements as set forth in chapter 35 of this title.

(Ord. 1001, 3-25-1997, eff. 4-16-1997)

A conditional use permit is a purely personal privilege, not running with the land. A conditional use permit may be transferred to a new owner or operator provided the new owner or operator conducts the use in accordance with the information submitted with the original conditional use permit application, any subsequent amendments, and any applicable conditions imposed by the planning commission and/or city council. If it is determined by the community development director that the use, under the new owner or operator, has the potential to create a negative impact on neighboring properties by reason of increased traffic, noise or other matters of concern, a new conditional use permit application will be necessary. For any conditional use permit in a residential zone, a new conditional use permit application will be necessary relative to a change in the owner or operator of the use.

(Ord. 1547, 6-23-2015, eff. 7-16-2015)