Recognizing that certain uses may be desirable, but that these uses may be incompatible with other uses permitted in a district, certain conditional uses, which require a special review by the planning commission, have been enumerated in the use regulations of the various zones. When found to be in the interest of the public health, safety, morals, and general welfare of the community, such uses, upon review, may be permitted in any district where they are specifically listed.

(1)

Procedure. Before the location or establishment thereof, or before any change or use of the premises existing at the time of the effective date of the ordinance from which this chapter is derived or permitted as herein provided is made, site plans in sufficient detail and a statement as to the proposed use of the buildings, structures, and premises shall be submitted to the city planning commission as specified in article XII of this chapter. The city planning commission shall hold a public hearing following the provisions, also outlined in article XII of this chapter, and shall review such plans and statements and shall, after a careful study of the effect that such buildings, structures, or uses will have upon the surrounding property, submit a recommendation to the city council.

(2)

Following receipt of the planning commission's recommendation, the city council may, within the specifications herein provided, permit such buildings, structures, or uses where requested, provided that the public health, safety, morals, and general welfare will not be adversely affected, that ample off-street parking facilities will be provided, and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values. In this regard, the city council may impose reasonable conditions on the approval of a conditional use permit including, but not limited to, those items identified in article IX of this chapter.

(3)

Conditional uses granted under this chapter shall be limited as follows:

a.

Conditional use permits issued with a specified time limit shall continue in force and effect until the expiration as specified within the conditional use permit.

b.

A conditional use permit shall be allowed to continue, unless specified otherwise as a condition of authorization, as long as all conditions placed on it are met; however, if that particular use ceases to exist for a period of six months, it will forfeit its conditional use permit and will not be allowed to exist again unless another application is made, a public hearing held and a new conditional use permit approved.

(4)

No application for a conditional use permit shall be considered and no conditional use permit shall be issued for any person on any property, which proposes as the only use the placement of an advertising sign or billboard. Further, an advertising sign or billboard permitted as an accessory structure in an approved conditional use permit shall not be built, used or remain in use unless the principal use or structure on the property is first built or currently used. Upon the cessation of the principal use or structure on the property, the advertising sign or billboard shall lose its standing as an accessory structure and must be removed. At no time shall an advertising sign or billboard first established under this chapter gain standing as a nonconforming use since the placement and continued use of such advertising sign or billboard is accessory to another principal structure or use.

(Ord. No. 1740, art. XXVII, § 1, 11-28-2006)