The purpose of a conditional use permit is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional use is to be allowed, the city may consider the nature of the adjoining land or buildings, the effect upon traffic into and from the premises or on any adjoining streets, and all other or further factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety.

(Prior Code, § 11-5-1) (Ord. 258, passed 5-4-2006)

   An application for a conditional use permit requires a public hearing and is to be processed in accordance with the procedures outlined in § 152.037 of this chapter.

(Prior Code, § 11-5-2) (Ord. 258, passed 5-4-2006)

   The Planning Commission shall consider possible effects of the proposed conditional use. Its judgment shall be based upon, but not limited to, the following factors:

   (A)   The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan;

   (B)   The proposed use is or will be compatible with present and future land uses of the area;

   (C)   The proposed use conforms with all performance standards contained in this code;

   (D)   The proposed use can be accommodated with existing public services and will not overburden the city's service capacity; and

   (E)   Traffic generation by the proposed use is within capabilities of streets serving the property.

(Prior Code, § 11-5-3) (Ord. 258, passed 5-4-2006)

   As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include, but not be limited to, the following general performance standards and criteria.

   (A)   The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right-of-way shall be provided.

   (B)   The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with §§ 152.255 through 152.264 of this chapter.

   (C)   If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect the areas from encroachment by parked or moving vehicles.

   (D)   Adequate off-street parking and off-street loading shall be provided in compliance with §§ 152.255 through 152.264 of this chapter.

   (E)   Loading areas and drive-up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any "adjacent" residential use or district and provided in compliance with §§ 152.255 through 152.264 of this chapter.

   (F)   Whenever a nonresidential use is "adjacent" to a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with §§ 152.275 through 152.281 of this chapter.

   (G)   General site screening and landscaping shall be provided in compliance with §§ 152.275 through 152.281 of this chapter.

   (H)   All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts and shall be in compliance with § 152.187 of this chapter.

   (I)   Potential exterior noise generated by the use shall be identified and mitigation measures, as may be necessary, shall be imposed to ensure compliance with § 152.191 of this chapter.

   (J)   The site drainage system shall be subject to the review and approval of the City Engineer.

   (K)   The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment.

   (L)   All signs and informational or visual communication devices shall be in compliance with §§ 152.350 through 152.359 of this chapter.

   (M)   The use and site shall be in compliance with any federal, state or county law or regulation that is applicable and any related permits shall be obtained and documented to the city.

   (N)   Any applicable business licenses mandated by the city code are approved and obtained.

   (O)   The hours of operation may be restricted.

   (P)   The use complies with all applicable performance standards of the zoning district in which it is located and where applicable, any nonconformities shall be eliminated.

   (Q)   All additional conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein.

(Prior Code, § 11-5-4) (Ord. 258, passed 5-4-2006)

   The Planning Commission may recommend, and the City Council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with the conditions of the permit or is in continued violation of this chapter, city codes or other applicable regulations. The City Council or Planning Commission shall initiate an application and the Zoning Administrator shall notify the responsible person that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to § 152.037 of this chapter. The Zoning Administrator shall provide the responsible person a copy of the proceedings and findings of the Planning Commission and City Council.

(Prior Code, § 11-5-5) (Ord. 258, passed 5-4-2006)