A conditional use listed in this title shall be permitted, altered or denied in accordance with the standards and procedures of this chapter. In the case of a use existing prior to the effective date of this title and classified in this title as a conditional use, a change in the use or in lot area or an alteration of structure shall conform with the requirements for conditional use. A conditional use proposal shall be approved by the planning commission if the following criteria are either met, can be met by observance of conditions, or are found not applicable:

   A.   The use will be consistent with the comprehensive plan and the objectives of this title and other applicable policies of the city.

   B.   Taking into account location, size, design and operating characteristics, the use shall not unreasonably interfere with continuation of existing outright uses of the zone.

   C.   The location and design of the site and structures for the use will be as attractive as the nature of the use and its setting warrants.

   D.   The use will not have a significant adverse impact on public facilities including, but not limited to, streets, sewer and water facilities, such as the traffic generated by the use surpassing the capacity of the street serving the use.

   E.   The design shall retain trees or other natural or manmade features which provide recreational assets, shade or windbreak resources, a measure of safety to city residents, such as special lighting or fencing, features of historical significance.

   F.   The applicant has a bona fide intent and capability to develop and use the land as proposed and has some appropriate purpose for submitting the proposal and is not motivated solely by such purposes as the alteration of property values for speculative purposes. (Ord. 428, 8-6-1979)

In permitting a new conditional use or the alteration of an existing conditional use, the planning commission may impose conditions which it finds necessary and reasonable to minimize conflict between the proposed use and existing uses or uses permitted outright. The conditions may include the following:

   A.   Limiting the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.

   B.   Establishing a special yard or other open space or lot area or dimension.

   C.   Limiting the height, size or location of a building or other structure.

   D.   Designating the size, number, location and nature of vehicle access points and off street parking spaces.

   E.   Increasing the amount of street dedication, roadway width or improvement within the street right of way.

   F.   Designating the size, location, screening, drainage, surfacing or other improvement of a parking area or truck loading area.

   G.   Limiting or otherwise designating the number, size, location, height and lighting of signs.

   H.   Limiting the location and intensity of outdoor lighting and requiring its shielding.

   I.   Requiring diking, screening, landscaping or another facility to protect adjacent or nearby property and designating standards for its installation and maintenance.

   J.   Designating the size, height, location and materials for a fence.

   K.   Protecting and preserving existing trees, vegetation, water resources, wildlife habitat or another significant natural resource.

   L.   Other reasonable measures to permit the development of the city in conformity with the intent and purpose of the conditional classification of uses. (Ord. 428, 8-6-1979)

   M.   Requiring a children's play area or outdoor recreation area, or both, in the case of a multi-family dwelling or a manufactured home park of ten (10) or more units. (Ord. 428, 8-6-1979; amd. Ord. 517-96, 10-14-1996)

   N.   Limiting the duration of the use in months or years. (Ord. 555-05, 6-11-2005)

   A.   A request for a conditional use or modification of an existing conditional use may be initiated by a property owner or the authorized agent of the owner by filing an application with the planning commission in accordance with chapter 12 of this title. In addition to the requirements of chapter 12 of this title, the applicant must show that the proposed conditional use reasonably meets the need recognized by this title.

   B.   In addition to filing an application, the planning commission may require the applicant to post bond up to the amount of the cost of meeting conditions and standards specified by this title or the planning commission. The bond shall be returned upon proof by the applicant that the conditions and standards have been met. If conditions and standards required are not met within one year, the bond shall be forfeited and the city may institute proceedings under chapter 13 of this title. (Ord. 428, 8-6-1979)

The procedure for taking action on a conditional use application shall be as follows:

   A.   Public Hearing Requirements: Before the planning commission may act on an application for conditional use, a public hearing shall be held as provided in chapter 12 of this title.

   B.   Application Review: Upon receipt of the application, the city recorder shall provide copies of the application material to the planning commission members.

   C.   Notice To Applicant Of Action Taken: Following the close of the hearing, the city recorder shall provide the applicant with written notice of the action taken as provided in chapter 12 of this title. (Ord. 428, 8-6-1979)

Authorization of a conditional use shall be void after one year or such time as the authorization may specify unless all requirements of this title and of the planning commission have been met. The planning commission may extend such authorization for a period not to exceed one additional year. (Ord. 428, 8-6-1979)

No application for a conditional use permit shall be considered by the planning commission within one year of the denial of the request, unless in the opinion of the planning commission new evidence or a change of circumstances warrant it. (Ord. 428, 8-6-1979)

A site plan shall be required for all zoning permits and for all variance and conditional use permits. The site plan shall conform to standards outlined in section 11-15-3 of this title. (Ord. 542, 8-11-2003)