The city council may grant the establishment of those conditional uses that are expressly authorized to be allowed as a conditional use in a particular zoning district. No conditional use shall be granted unless such grant complies with all of the applicable provisions of these regulations.

(Ord. No. 4114, pt. VII, § 1)

An application for a conditional use permit, together with a site plan and an application for a building permit when applicable, shall be filed with the secretary of the planning commission. Application shall be made using the forms provided by the city and shall contain in complete form all information requested on the forms, as well as such additional information as may be requested by the secretary of the planning commission.

(Ord. No. 4114, pt. VII, § 2)

Procedures, hearing and notice requirements for conditional use permits shall be the same as specified in K.S.A. 12-757 for changes in zoning.

(Ord. No. 4114, pt. VII, § 3)

A conditional use permit shall not be granted unless all the following standards have been met:

(1)

The proposed conditional use complies with all applicable provisions of these regulations, including lot size requirements, bulk regulations, use limitations, and performance standards.

(2)

The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.

(3)

The location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate area so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to the following:

a.

Off-street parking and loading areas will be provided in accordance with the standards set forth in these regulations, and such areas will be screened from adjoining residential uses and located so as to protect such residential uses from any injurious effect.

b.

Adequate utility, drainage, and other such necessary facilities have been or will be provided.

c.

Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.

(Ord. No. 4114, pt. VII, § 4)

In granting a conditional use, the planning commission may recommend and the city council may impose such conditions, safeguards and restrictions upon the premises benefited by the conditional use as may be necessary carry out the general purpose and intent of these regulations. Failure to comply with all of the conditions, safeguards and restrictions placed on a conditional use shall constitute a violation of these regulations, and may result in the revocation of the conditional use permit. All plans and specifications approved by the planning commission and city council during the review process shall be incorporated by reference in the resolution approving the conditional use permit, and the use approved shall be conditioned upon adherence to said plans and specifications.

(Ord. No. 4114, pt. VII, § 5)

No conditional use permit granted by the city shall be valid for a period longer than 180 days from the date on which the city council grants the conditional use, unless within such 180-day period a building permit is obtained and the erection or alteration of a structure is started or a use is commenced or continued pursuant to the conditional use. The city council may grant additional extensions not exceeding 180 days each, upon written application, without notice or hearing.

(Ord. No. 4114, pt. VII, § 6)