After public hearing and proper notice, with or without recommendation by the planning and zoning commission, the city council may authorize the issuance of conditional use permits when the city council finds all of the following conditions present:

(1)

That the establishment, maintenance, or operation of the conditional use will not be materially detrimental to, or endanger, the public health, safety, morals, or general welfare;

(2)

That the uses, values and enjoyment of other property in the neighborhood, for the purpose already permitted, shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance, or operation of the conditional use;

(3)

That the establishment of the conditional use will not significantly impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

(4)

That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided;

(5)

That adequate measures have been or will be taken to provide ingress or egress, so designed as to minimize traffic congestion in the public streets; and

(6)

That the conditional use shall conform to all applicable yard area regulations of the district in which it is located.

Prior to the granting of any conditional use, the city council may stipulate such conditions, restrictions, and duration upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary to protect the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in subsections (1) through (6) of section 71-6. In all cases in which conditional uses are granted, the city council shall require such evidence and guarantees as it may deem necessary as proof that the conditional use(s) stipulated in connection therewith are being and will be complied with. The granting of a conditional use does not create a right to the use and the conditional use may be canceled at the city council's sole discretion. No application for a conditional use that has been denied wholly or in party by the city council shall be resubmitted for a period of six months from the date of said denial.

(Ord. No. 953, 12-12-2005; Ord. No. 2015-0017, 9-14-2015)