The purpose and intent of this chapter is to establish standards for land uses listed in each zone as conditional uses. Conditional uses are generally related to permitted uses, but due to their unique characteristics or potential impacts on surrounding uses or the goals of the City may be appropriate only in certain locations and under specific conditions that mitigate potential impacts and may not be compatible in some areas as impacts cannot be mitigated. Conditional uses are intended to allow greater flexibility by providing a wider variety of uses in a zone, while at the same time allowing conditions to be applied, if conditions of mitigation or elimination of detrimental impacts would make the use compatible with surrounding area.

1. A Conditional Use Permit shall be required for all uses listed as Conditional Uses in the zone regulations. A conditional use permit shall be issued only upon approval of the Planning Commission and issued to the applicant at the address listed on the permit and shall not be transferable. The conditional use permit shall list all requirements determined appropriate to mitigate the impacts created by the use in order to make it acceptable at the specific location.
2. A conditional use permit shall make the approved use allowable at the specific location and the right of the approved use with its conditions shall run with the property, unless the permit has expired as provided under § 28-5-8 of this chapter or has been revoked as provided under § 28-5-10 of this chapter. In the event a change is proposed from the conditions of the original approval, an amendment to the original conditional use permit shall be required. If the use is discontinued for a continuous period of one year, a new conditional use permit is required.
   

1. Application for a Conditional Use Permit shall be made to the Planning Commission.
2. Detailed location, site and building plans shall accompany the complete application forms provided by the City.
3. The application together with all pertinent information shall be considered by the Planning Commission at its next regularly scheduled meeting.
4. The Planning commission shall call a Public Hearing on any Conditional Use request in accordance with the requirements of Section 1.04.3 20, 88 of this Title.
5. Notification of such review shall be sent to the applicant and all property owners within a 300-foot radius of the property under review. The notification shall not be less than seven (7) days prior to the Conditional Use application review, giving concerned parties adequate notice of the request to allow participation and input from all parties.
   

The Planning Commission shall approve a conditional use permit if reasonable conditions are imposed to mitigate the reasonably anticipated detrimental effects of the proposed use of the adjacent properties and the public welfare. If reasonably anticipated detrimental effects of a proposal exist, and imposition of reasonable conditions can not achieve compliance with the applicable standards, the Commission may deny a conditional use permit necessary for the protection of adjacent properties and the public welfare.

Conditional use applications shall be reviewed and approved or denied according to the following criteria:

1. Detrimental To Persons Or Property. The proposed use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons, nor injurious to property and improvements in the community, existing surrounding uses, buildings and structures. It shall be demonstrated that the use and property development:
   1. Does not lead to deterioration of the environment by emitting pollutants into the ground or air to cause detrimental effects to the property or neighboring properties;
   2. Does not introduce hazards or potentials for damage to neighboring properties that cannot be mitigated;
   3. Does not encroach upon rivers or streams or direct runoff into those features; and
   4. Is in keeping with the type of existing uses surrounding the property and development as proposed will improve the character of the area by encouraging reinvestment and upgrading of surrounding properties.
2. General Plan Consistency. The proposed use at the particular location is consistent with the objectives and strategies established in the General Plan.
3. Use Compatibility. The proposed use at the particular location is compatible with the character of the site, adjacent properties, surrounding neighborhoods and other existing development. In determining the compatibility of the use with the surrounding area, the Planning Commission may consider:
   1. The type of use and its location does not create unusual pedestrian or vehicle traffic patterns or volumes that would not be expected with the development of a permitted use. In determining unusual patterns, the Planning Commission shall consider:
      1. the orientation of driveways and if they direct traffic to the major streets or the local streets and if directed to the local streets the impact it creates to the safety, purpose and character of the local street;
      2. parking locations and size and if they encourage street-side parking and walking to the proposed use which impacts the adjacent land uses; and
      3. hours of peak land use, when traffic to the use would be greatest and that such times and peaks would not impact the ability of the surrounding uses to enjoy the use of their property.
   2. The hours of operation of the proposed use when compared with the hours of activity of the surrounding uses and the potential of such hours of operation do not create noise, light or other nuisances not acceptable to the enjoyment of the existing surrounding uses or common to the surrounding uses.
4. Design Compatibility. The proposed site and building design and placement at the particular location is compatible with:
   1. The character of the site in relationship with the surrounding uses which includes buildings and site uses integrating with the topography of the site, retaining trees of value, using natural features as site amenities, developing landscaping along the public areas of the property to create an improved streetscape, reducing expanses of large areas of asphalt or concrete, and screening objectionable views that may exist on the site from all surrounding property owners;
   2. The character of the area by the site design location of parking lots, access ways, delivery areas and on-site vehicle circulation patterns taking into consideration the adjacent uses and not adversely impacting the adjacent use by exposing them to loss of privacy, objectionable views of large parking or storage areas, or views and sounds of loading and unloading areas;
   3. The character of the surrounding uses by the type of exterior lighting and signage that will not detract by being bright or create unwanted light onto adjacent properties;
   4. The architectural character of the community and the surrounding neighborhood, considering the building materials, colors, roof shapes, height, mass, size and orientation to the proposed building and design.
5. Compliance with Regulations. The proposed use will comply with the regulations and conditions specified in the Land Use Ordinances.
   

1. Decision; When Effective. The decision of the Planning Commission shall become final and effective fifteen (15) days after a final decision has been made by the Planning Commission. However, it shall not become final if, prior to the expiration of the fifteen (15) days, any aggrieved person files notice of appeal with the board of zoning adjustment. The notice of appeal shall specifically state the objection(s) to the decision of the Planning Commission.
2. Time Limitation. Any person aggrieved by decision of the Planning Commission may appeal to the board of zoning adjustment by filing such appeal with the department within fifteen (15) days after the final decision of the Planning Commission.
3. Filing. Said appeal shall be filed in accordance with the board of zoning adjustment rules of procedures.
4. Review. The board of zoning adjustment shall hear and decide appeals where it is alleged there is an error in any requirement, decision or determination made by the Planning Commission. The petition shall provide evidence to the board of zoning adjustment, to support the specific objections made to the decision of the Planning Commission.
   

Upon receipt of a Conditional Use Permit, the applicant shall take such permit to the Building Official, who will review the permit and conditions attached. Based on this review and compliance with any other items that might develop in the pursuance of his duties, the Building Official may approve an application for a building permit and shall insure that development is undertaken and completed in compliance with the permit and conditions pertaining thereto.

1. Unless there is substantial action under a Conditional Use Permit within a period of one year of its issuance, as determined by the Planning Commission, the Conditional Use Permit shall expire. The Planning Commission may grant a maximum extension of six (6) months under exceptional circumstances.
2. An approved conditional use permit shall expire if a permitted use or a different conditional use replaces the use allowed under the permit. The conditional use permit shall also expire if the use is discontinued for a continuous period of one year. Once the conditional use permit has expired, a new conditional use permit shall be required in order to occupy the site.
   

Once issued, a conditional use permit may be required to be re-reviewed for the following reasons:

1. Time limit, which is up to but not beyond every five (5) years, OR
2. Receipt of a legitimate complaint.

If a re-review is required the conditional use permit will follow 28-5-3(3) & 28-5-3(4) procedurally. Notification will include the property owner, applicant (if different) and all complainants (if any).

Once issued, a conditional use permit shall not be enlarged, changed, extended, increased in intensity, or relocated except by approval of the Planning Commission. Application and review of a proposed amendment to the conditional use permit shall follow the same procedures as outlined in this chapter for an original application.

A Conditional Use Permit may be revoked by the Planning Commission for the following:

1. Failure to comply with the conditions imposed with the original approval of the permit,
2. Abandonment of the use for a continuous period of one year or longer, or
3. Any change in the use for which the permit was issued which may adversely affect the surrounding area.

Before a permit is revoked, the Planning Commission shall hold a public hearing as outlined in §5.03 4 to allow sufficient public input. In the case of abandonment as listed in (2) above, the public hearing only needs to be held at the discretion of the Planning Commission.

The decision of the Planning Commission concerning the revocation of a permit may be appealed by any concerned party to the board of zoning adjustments by filing such appeal within fifteen (15) days after the date of the notice of the decision is received by the permit holder. The board of zoning adjustment may uphold or reverse the decision of the Planning Commission and impose any additional conditions that it may deem necessary in granting an appeal.