The city council may permit a conditional land use as provided herein, by resolution granting permission for such use after a public hearing before the planning and zoning board, at which persons interested, shall be accorded an opportunity to be heard. At such hearing the planning and zoning board may recommend such reasonable conditions that it deems necessary to, or desirable for, the public interest. Any resolution permitting conditional land use as provided herein shall be construed as permitting only the specifically named or described conditional land use, and not any other conditional land use. Any property or premises designated upon the zoning map by the letter symbol "C" alone shall be restricted to the specific conditional land use permitted and may be used for no other use whatsoever. Any property or premises designated by the letter symbol "C" before and in conjunction with the letter symbol for a residential, commercial or industrial district shall be restricted to use for that particular conditional land use specified or the use permitted in the designated use district, i.e., the letters "C-R shall denote a conditional land use permitted in an R-1AAA use district and the premises so designated may be used only for the specific conditional land use permitted or for single family residences as provided in that use district. In granting any conditional land use, the city council shall prescribe any reasonable conditions that it deems necessary to, or desirable for, the public interest. A conditional land use shall not be permitted by the city council unless and until:

(A)

A written application for such conditional land use is submitted in duplicate, giving the lot, block and addition, or other legal description of the lands desired for such conditional use; the names and addresses of all the owners of said land, the conditional land use desired and the reason for requesting the conditional land use, and shall contain a preliminary site plan per Chapter 104 of the city's Land Development Regulations. The application shall be signed and acknowledged by each and every owner of said lands.

(B)

All applications for a conditional land use shall be submitted to the planning and zoning board for study and written recommendations by said board, which recommendations shall become a part of the official record of the city in connection with said application.

(C)

Upon receipt of the application, a date shall be set for a public hearing before the planning and zoning board at which parties in interest and citizens shall have an opportunity to be heard. The city clerk shall cause a copy of the notice to be mailed, in accordance with subsection (D), to property owners within a two-hundred-fifty-foot radius of the boundaries of the subject property, at least fifteen (15) days prior to the date of such hearing. The applicant shall be responsible for providing the city a list of such addresses at least thirty (30) days prior to the date of the hearing and a copy of said notice shall be posted on the property for which a conditional land use is sought and at the city hall. All notices shall state in substance the conditional land use desired and the reason for requesting the conditional land use, and a legal description of the property. A copy of said notice shall be sent by certified mail to the owner of the property for which a conditional land use is sought, or his agent.

(D)

Individual notice of the consideration thereof shall be given to the owners of all property in such affected area in person or by regular mail; provided however, that failure of an owner to receive such individual notice shall not affect any action or proceedings taken hereunder.

(E)

At the time and place set forth in the notice, the planning and zoning board shall conduct public hearing to consider such request for the conditional land use desired. Any party may appear in person or be represented by counsel at the public hearing. At the time of said public hearing, and in no event later than one (1) week from the date thereof, the planning and zoning board shall forward the application for a conditional land use to the city council together with their written recommendations. The city council shall hold its own public hearing for the purpose of gathering the facts concerning the application and the recommendations of the planning and zoning board. The city council shall act upon the application no later than the second regular council meeting following the receipt of the written recommendations from the planning and zoning board, unless a delay is requested by the applicant.

(Ord. No. 2011-4, § 6, 10-25-11)

No conditional land use shall be recommended by the planning and zoning board, nor granted by the city council, unless the applicant demonstrates by a preponderance of the evidence that the conditional land use requested will not be injurious to the neighborhood or otherwise detrimental to the public welfare, and will be in harmony with the general purpose of this ordinance. The city council shall make the factual determination as to whether the applicant has met his burden by considering the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in such buildings or upon such land and traffic or boating conditions in the vicinity, and that satisfactory provision and arrangement has been made concerning the following, where applicable:

(A)

Ingress and egress to property and proposed structures thereon with particular reference to automotive, boating, and pedestrian safety and convenience, automotive and boating traffic flow and control, and access in case of fire or catastrophe.

(B)

Off-street parking, loading and docking areas, where required, with particular attention to the items in (A) above, and the economic, noise, glare, or odor effects of the conditional use in adjoining properties and properties generally in the district.

(C)

Refuse and service areas, with particular reference to the items in (A) above and (B) above.

(D)

Utilities and sanitary facilities, with reference to locations, availability, and compatibility.

(E)

Screening and buffering with reference to type, dimensions and character.

(F)

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, and compatibility and harmony with properties in the district.

(G)

Required yards, lot coverage and other open spaces.

(H)

Height of buildings.

(I)

Landscaping.

(J)

Renewal and/or termination dates or conditions for the conditional use.

(K)

Pollution sources and ecological factors.

(L)

That the use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic to be generated, and building size and setbacks, its relationship to land values, and other factors that may be used to measure compatibility.

The applicant shall, in addition to all other requirements, submit a site plan meeting the requirements of Chapter 104 of the city's Land Development Regulations, with any application for a conditional land use. If the application is granted, the construction or development of the property in question shall conform to the site plan submitted and approved with the said application. Any significant changes to the site plan or any variations or modifications to the development or construction shall be approved by the planning and zoning board and city council using the procedure set forth above for initial approval of a conditional land use.

(Ord. No. 2011-4, § 6, 10-25-11)