Uses designated in this chapter as conditional uses permitted shall be permitted or enlarged or altered upon approval by the Planning Commission all in accordance with the standards and procedures specified in this article. In permitting a conditional use, the Planning Commission may impose, in addition to the regulations and standards expressly specified by this chapter, other conditions found necessary to protect the best interest of the surrounding property or neighborhood or the city as a whole. These conditions may include requirements increasing the required lot size or yard dimensions, increasing street widths, controlling the location and number of vehicular access points to the property, increasing the number of off-street parking or loading spaces required, limiting the number of signs, and reduction of light and air to adjacent property, requiring screening and landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area, and requirements under which any future enlargement or alteration of the use shall be reviewed by the Planning Commission and new conditions imposed. Change in use, expansion or contraction of site area, or alteration of structures or uses classified as conditional existing prior to the effective date of this chapter, shall conform to all regulations pertaining to conditional uses.

(2005 Code, § 11-301)

   A request for a conditional use or modification of any existing conditional use may be initiated by a property owner or his or her authorized agent by filing an application with the Zoning Administrator upon forms prescribed for the purpose. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development and by a fee as established by resolution of the City Council. The Planning Commission may require other drawings or material essential to an understanding of the proposed use and its relationship to surrounding properties.

(2005 Code, § 11-302)

   (A)   A proposed conditional use shall be considered by the Planning Commission at a public hearing held within 45 days after filing of the application.

   (B)   The Zoning Administrator shall give notice of the hearing in the following manner:

      (1)   By publication of a notice in a newspaper of general circulation in the city not less than 20 days prior to the date of the hearing; and

      (2)   By sending notices by certified mail not less than ten days prior to the date of hearing to the property owners within the area enclosed by lines parallel to and 300 feet from the exterior boundaries of the property involved, using for this purpose the name and address of owners as shown upon the records of the County Assessor. Failure to receive such notice shall not invalidate any proceedings in connection with the application for a conditional use.

(2005 Code, § 11-303)

   (A)   The Planning Commission may recess a hearing on a request for a conditional use in order to obtain additional information or to serve further notices upon other property owners or persons whom it decides may be interested in the proposed conditional use.

   (B)   Upon recessing for this purpose, the Planning Commission shall announce the time and date when the hearing will be resumed.

(2005 Code, § 11-304)

   (A)   The Planning Commission may approve, approve conditionally or disapprove a request for a conditional use.

   (B)   A file containing a written record of the action taken by the Planning Commission with regard to conditional uses shall be maintained by the Planning Commission.

(2005 Code, § 11-305)

   The Zoning Administrator shall notify the applicant for a conditional use in writing of the Commission’s action within seven days after the decision has been rendered.

(2005 Code, § 11-306)

   A conditional use shall ordinarily comply with the standards of the district concerned for uses permitted outright, except as specifically modified in granting the conditional permit or otherwise as follows.

   (A)   Setbacks. In any residential district, no yards provided shall be less than two-thirds the height of the principal structure. In other districts, yards may be increased over those required for uses permitted outright when necessary to meet the general objective conditional use control.

   (B)   Height exception. The height limitations of any district may be exceeded by a conditional use to a maximum permitted height of 60 feet; provided that, total floor area of the conditional use shall not exceed one and one-half times the area of the site; and, provided that, yards have a minimum width equal to at least two-thirds of the height of the principal structure.

   (C)   Limitations on access to lots and on openings to buildings. The Planning Commission may limit or prohibit vehicular access from a conditional use to residential streets not designated as arterial streets on an officially adopted street plan, and it may limit or prohibit openings insides of a building or structure permitted as a conditional use within 50 feet of a residential district if such openings will cause glare, excessive noise or other adverse effects on adjacent residential properties.

   (D)   Signs. Signs permitted within the district or one indirectly illuminated or non-illuminated sign on each side of a conditional use abutting a street shall be permitted, whichever is less restrictive. A sign shall not exceed 20 square feet in area, shall pertain to the conditional use and may be located in required yards.

   (E)   Automobile service stations. In addition to the other standards of this section, automobile service stations, when permitted as conditional uses, shall meet the following requirements.

      (1)   The minimum permitted lot size shall be 10,000 square feet.

      (2)   Sales of merchandise shall be confined to items used for the maintenance and servicing of passenger cars.

      (3)   No automobile repairs other than incidental minor repairs, battery and tire changing shall be allowed on the property.

      (4)   A sight-obscuring fence of not less than five feet, nor more than six feet, shall be provided between the station site and abutting residential property.

   (F)   Schools.

      (1)   Nursery schools shall provide and thereafter maintain outdoor play areas with a minimum area of 100 square feet per child of total capacity. A sight-obscuring fence at least four feet, but not more than six feet, in height shall be provided separating the play area from abutting lots.

      (2)   Elementary schools shall provide one acre of site area for each 90 pupils or one acre for each three classrooms, whichever is greater.

      (3)   Intermediate schools shall provide one acre of site area for each 75 pupils or one acre for each two and one-half classrooms, whichever is greater.

   (G)   Utility substation or pumping substation. The minimum lot size of the district in which a public utility facility is to be located may be waived only on finding that the waiver will not result in noise or other detrimental effect on adjacent property. No equipment storage shall be permitted on the site in a residential district or in a C-2 District. Such uses shall be fenced and provided with landscaping as found necessary.

   (H)   Dwellings. In no case shall the standards for a dwelling as a conditional use be less than the standards of an R-2 District.

(2005 Code, § 11-307)