(a)   As set forth in Section 1268.05, conditional use permits shall be required as follows:

      (1)   R-2 and R-3 Districts.

         A.   Churches

         B.   Schools, public or private

         C.   Public facilities

         D.   Home occupations

         E.   Libraries or museums

         F.   Public utility structures

         G.   Recreational uses, park, playground or golf course

         H.   Family homes for mentally retarded/developmentally disabled children or adults

         I.   Parking for commercial or industrial establishments

      (2)   CBD - Central Business District.

         A.   Health club/spa

         B.   Game rooms

         C.   Retail/service incubators

      (3)   Industrial District.

         A.   Terminal facilities

         B.   Recreational facilities

         C.   Automobile repair shops

         D.   Accessory structures over forty-five feet

         E.   Other similar uses

   (b)   In addition to those uses specified in subsection (a) hereof, conditional use permits shall also be required for the following when located in any zoning district:

      (1)   Airports, heliports and helistops

      (2)   Sand and gravel operations, or the removal from or deposit on land or soil of other substances in excess of 2,000 cubic yards per acre in volume or 25,000 cubic yards total

      (3)   Electric substations

      (4)   Telephone exchanges

      (5)   Water towers

      (6)   Pumping stations

      (7)   Installations for the commercial transmission of radio or television

      (8)   Gas regulation stations

      (9)   Oil and gas wells, provided, however, that in R-2 and R-3 Single-Family, Mobile Home and PRD Districts, said wells shall be used only for on-site residential use and shall not exceed 1,000 feet in depth.

      (10)   Power lines in excess of 13,200 kv

      (11)   Temporary events

      (12)   Railroad tracks and facilities

(Ord. 2337. Passed 10-20-92.)

   Any person, firm or corporation owning or leasing land, who or which desires a conditional use permit, shall file with the Administrator a written application therefor on the forms provided. If the applicant is not the owner of the land, the owner shall sign and be made a party to the application.

   The applicant shall submit, with the application, information sufficient to the Planning Commission to describe the proposed use. Said information may include, but shall not be limited to:

   (a)   A preliminary site plan

   (b)   A traffic analysis

   (c)   A drainage analysis

   (d)   Evidence of financial capability

   (e)   A construction schedule

   (f)   Such other information as the Commission may deem necessary.

   All applications shall be accompanied by a fee as set forth in Section 1262.05(k).

(Ord. 2337. Passed 10-20-92.)

   The Administrator shall examine the application and all documents and data connected therewith and shall prepare and submit the application and his or her recommendations to the Planning Commission within a reasonable time. The Administrator shall schedule a public hearing upon the application before the Planning Commission and shall give notice thereof by publication in a newspaper of general circulation in the municipal corporation once a week for two consecutive weeks on the same day of the week, and no hearing thereon shall be held less than five nor more than ten days following the last publication. Said notice shall give the time, place and purpose of said hearing.

   The Administrator shall also send written notice of the public hearing to the owners of property contiguous to and directly across the street from the subject property at least ten days prior to the date of public hearing. Notice sent by first class mail to the addresses shown on the current tax list shall constitute compliance with this section.

   At least five days preceding the Planning Commission's public hearing, the applicant shall erect on the subject property a sign or signs furnished by the Administrator including the nature of the request and the date, time and place of the public hearing. The sign shall be erected by the applicant within ten feet of whatever property line abuts a public street and shall be so placed as to be clearly visible from the road. If no public street abuts thereon, then the signs shall be erected in the same manner as above on at least two property lines as directed by the Administrator.

(Ord. 2337. Passed 10-20-92.)

   (a)   The Planning Commission shall conduct a public hearing and shall act upon the request within a reasonable time thereafter. In reviewing a request, the Commission shall consider whether the proposed use:

      (1)   Will be in harmony with or adversely affect the use of neighboring properties;

      (2)   Will adversely affect the health or safety of persons residing or working in the neighborhood;

      (3)   Will change the character of the neighborhood;

      (4)   Will be detrimental to the public welfare or injurious to property;

      (5)   Is in accord with the purpose and intent of this chapter and the Comprehensive Plan of the City; and

      (6)   Complies with any adopted policies relating to such uses.

   (b)   If, after review, the Commission finds that in its opinion a request does not meet the above criteria, the request shall be denied. In granting any conditional use permit, the Planning Commission may impose such conditions in connection therewith as it may deem necessary to protect the public welfare, preserve the purpose and intent of this chapter and protect the character of neighboring properties. Such conditions may include, but shall not be limited to, the regulation of:

      (1)   Setbacks

      (2)   Screening and buffers

      (3)   Noise

      (4)   Hours of operation

      (5)   Access and traffic

      (6)   Glare

      (7)   Vibration

      (8)   Odors

      (9)   Dust

      (10)   Smoke

      (11)   Hazardous materials

(Ord. 2337. Passed 10-20-92.)

   Upon approval of a request by the Planning Commission, the Administrator shall immediately notify, in writing, the Clerk of Council of the City of Geneva. Within fifteen days after receipt of said written notification by the Clerk, any two or more members of Council may, in writing, request that the Clerk set a public hearing to review the decision of the Commission, and, in such event, the decision of Council shall be final. Notice of such hearing by Council shall be given as provided in Section 1278.03.

   If two or more members of Council fail to request a hearing within said fifteen days, the decision of the Commission shall be final. In such event, or if Council affirms the decision of the Commission, the Administrator shall prepare and issue a conditional use permit which shall clearly state any and all conditions attached thereto.

(Ord. 2337. Passed 10-20-92.)