A.   Scope: Certain uses cannot be allowable generally in a particular zoning district, or in any zoning district, because of the impact their special character creates on surrounding areas.

   B.   Uses Permitted: Some such uses may, however, be allowed under special conditions. These uses are provided for in this chapter as conditional uses.

   C.   Permit Required: Because a conditional use is compatible with the applicable zoning district only under special conditions, a conditional use permit is required before any use authorized herein as a conditional use may be established.

   D.   Application: Except as specifically provided herein, all regulations of the applicable zoning district, and all other applicable regulations of this and other City ordinances, shall apply to conditional uses.

(Ord. 86-382, 12-22-1986)

Conditional uses shall be approved only in conformance with the approval process provided in the filing procedures section of this title and the approval criteria in section 11-15-5 of this chapter.

(Ord. 86-382, 12-22-1986)

   A.   Conditional Uses Same As Special Uses: Conditional uses, as provided herein, shall be considered the same as special uses provided under State Statute. Lawful special uses granted to a property prior to the effective date of this title shall be considered lawful conditional uses without the need for approval of a conditional use permit hereunder, whether or not such special use is authorized as a conditional use in the applicable zoning district herein. Where such a use is a permitted use in the applicable district, conditional use status shall not be applicable.

   B.   Expansion, Alteration: Any expansion of, addition to, or structural alteration of such a use shall, however, require the approval of a conditional use permit.

(Ord. 86-382, 12-22-1986)

   A.   Considerations: In evaluating the suitability of a proposed conditional use, the Planning and Zoning Commission and City Council shall examine the following characteristics of the proposed use and its individual structures or components:

      1.   Location and orientation.

      2.   Lot size.

      3.   Size of facility, including floor area, structure height, design capacity and anticipated employment.

      4.   Site design and arrangement.

      5.   Provisions affecting on and off site pedestrian and traffic movement, vehicle storage and the passage of emergency vehicles.

      6.   Appearance.

      7.   Screening or landscaping.

      8.   On or off site buffering from incompatible uses with open spaces or transitional uses.

      9.   Operations factors, such as hours of use or environmental controls.

      10.   Other characteristics of the proposed use pertinent in the judgment of the Planning and Zoning Commission or Council to an assessment of the impact of the use on the area.

   B.   Technical Experts, Studies: The Planning and Zoning Commission or the Council may call upon technical experts or have studies performed to determine specific development standards or conditions for any particular conditional use, with the expense thereof to be paid by the applicant.

(Ord. 86-382, 12-22-1986)

In recommending approval or conditional approval of a conditional use, the Planning and Zoning Commission shall transmit to the City Council written findings of fact that on the basis of the characteristics cited under review of conditional uses herein, or changes to such characteristics that the Planning and Zoning Commission recommends, the proposed use will be compatible with existing uses in the area, and with permitted uses in the zoning district, in the ways specified below. The Council shall not be bound by the recommendation of the Planning and Zoning Commission. However, in granting approval or conditional approval, the City Council shall find that the proposed use will be compatible with such uses in the following ways:

   A.   Traffic: Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized.

   B.   Environmental Nuisance: Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled.

   C.   Neighborhood Character: The proposed use will fit harmoniously with the existing natural or manmade character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district.

   D.   Public Services And Facilities: The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area.

   E.   Public Safety And Health: The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity.

   F.   Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location.

(Ord. 91-553)

The Zoning Administrator shall issue a conditional use permit after approval thereof by the City Council, unless the City Council directs otherwise. Such permit shall specify any conditions, restrictions and time limits to which the Council has made its approval subject.

(Ord. 86-382, 12-22-1986)

A conditional use permit may be revoked at any time by a simple majority vote of the City Council:

   A.   If any conditions or restrictions are not complied with within the time limit specified in the ordinance granting said conditional use permit; or

   B.   If after they are initially complied with, compliance with such conditions or restrictions is not maintained at any time; or

   C.   If the conditional use is not established, or a required building permit is not obtained and building started, within one year of the date of the ordinance granting said conditional use permit; or

   D.   If the conditional use ceases operation for more than one year.

(Ord. 86-382, 12-22-1986)

Any expansion, enlargement or structural alteration of a conditional use shall require an additional conditional use permit.

(Ord. 12-1059)