A.   It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually.

   B.   The planning and zoning commission shall hold a public hearing on each conditional use permit application. The planning and zoning commission may approve, conditionally approve or deny a conditional use permit under the conditions as herein specified and considering such additional safeguards as will uphold the intent of this title and when it is not in conflict with the comprehensive plan. (1984 Code § 5-11-0)

   A.   An application for conditional use permit shall be filed with the zoning administrator by at least one owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:

      1.   Name, address, email address, and phone numbers of applicant;

      2.   Legal description of property;

      3.   Description of existing use;

      4.   Zone classification;

      5.   Description of proposed conditional use;

      6.   A plan of the proposed site for the conditional use, showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and other such information as the planning and zoning commission may require to determine if the proposed conditional use meets the intent and requirements of this title;

      7.   A narrative statement evaluating the effects on adjoining property of such elements as noise, glare, odor, fumes and vibration; discussion of the general compatibility with adjacent and other properties in the zone; and the relationship of the proposed use to the comprehensive plan; and

   B.   A filing fee set by resolution of the city council shall accompany the application. (1984 Code § 5-11-1; amd. Ord. 682, 5-10-2021)

The planning and zoning commission shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

   A.   Will constitute a conditional use;

   B.   Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and this title;

   C.   Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

   D.   Will not be hazardous or disturbing to existing or future neighboring uses;

   E.   Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be adequately able to provide any such services;

   F.   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

   G.   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

   H.   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and

   I.   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. (1984 Code § 5-11-2)

In granting any conditional use permit, the planning and zoning commission may prescribe appropriate conditions, bonds and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this title. (1984 Code § 5-11-3)

Prior to granting a conditional use permit, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper. Notice may also be made available to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement. Written notice sent by regular United States mail shall be provided to adjoining property owners as indicated on the records of the county assessor’s office, owners and residents within the land being considered, three hundred feet (300') beyond the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed conditional use as determined by the planning and zoning commission. When notice is required to two hundred (200) or more property owners or residents, in lieu of the mailing notification, three (3) notices in the official newspaper is sufficient; provided, the third notice appears fifteen (15) days prior to the public hearing. (1984 Code § 5-11-4; amd. Ord. 682, 5-10-2021)

   A.   Within sixty (60) days after the public hearing, the planning and zoning commission will either approve, conditionally approve or disapprove the application as presented. If the application is approved or approved with modifications, the planning and zoning commission shall direct the zoning administrator to issue a conditional use permit listing the specific conditions specified by the planning and zoning commission for approval.

   B.   Upon granting of a conditional use permit, conditions may be attached to a conditional use permit, including, but not limited to:

      1.   Minimizing adverse impact on other development.

      2.   Controlling the sequence and timing of development.

      3.   Controlling the duration of development, including hours and days of operation.

      4.   Assuring that development is maintained properly.

      5.   Designating the exact location and nature of development.

      6.   Requiring the provision for on site improvements, such as appropriate lighting, screening and landscaping.

      7.   Requiring provision for off site public facilities and services.

      8.   Requiring more restrictive standards than those generally required in an ordinance.

   C.   Prior to granting a conditional use permit, the planning and zoning commission may require additional information concerning social, economic, fiscal and environmental effects of the proposed conditional use. A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. A conditional use permit is not transferable from one parcel of land to another.

   D.   Upon granting or denying an application, the planning and zoning commission shall specify:

      1.   The ordinance and standards used in evaluating the application;

      2.   The reasons for approval or denial; and

      3.   The actions, if any, that the applicant could take to obtain a permit.

   E.   Within thirty (30) days after a decision has been rendered by the planning and zoning commission, the zoning administrator shall provide the applicant with written notice of the action on the request. (1984 Code § 5-11-5)