(A)   It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually.

   (B)   The Commission shall hold a public hearing on each conditional use permit application. The Commission may approve, conditionally approve or deny a conditional use permit under the conditions as herein specified and considering such additional safeguards as will uphold the intent of this Title and when it is not in conflict with the plan.

An application for conditional use permit shall be filed with the Administrator by at least one owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:

   (A)   Name, address and phone number of applicant.

   (B)   Legal description of property.

   (C)   Description of existing use.

   (D)   Zone classification.

   (E)   Description of proposed conditional use.

   (F)   A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and other such information as the commission may require to determine if the proposed conditional use meets the intent and requirements of this title.

   (G)   A narrative statement evaluating the effects of adjoining property of such elements as noise, glare, odor, fumes and vibration; a discussion of the general compatibility with adjacent and other properties in the zone; and the relationship of the proposed use to the Comprehensive Plan.

   (H)   Names and addresses of adjoining property owners within three hundred feet (300'), and people living on the land being considered. (Ord., 5-7-1984)

   (I)   A filing fee as set by resolution of the City Council shall accompany the application. (Ord. 375, 6-18-2018)

   (A)   The commission shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location will:

      1.   In fact, constitute a conditional use.

      2.   Be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and this title.

      3.   Be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.

      4.   Not be hazardous or disturbing to existing or future neighboring uses.

      5.   Be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.

      6.   Not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

      7.   Not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

      8.   Have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;

      9.   Not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.

   (B)   A conditional use is deemed personal in nature and cannot be transferred with title to the property. (Ord., 5-7-1984)

Public sites and open spaces shall conform to the following:

   (A)   Public Uses: Where it is determined that a proposed park, playground, school or other public use is located in whole or in part within a proposed development, the commission shall notify the appropriate public agency concerning the land proposed to be acquired. Within thirty (30) days of the date of notice, the public agency may request the Governing Body to suspend consideration on the permit for sixty (60) days from the date of the request; however, if an agreement is not reached within sixty (60) days, the commission shall resume consideration of the conditional use application;

   (B)   Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development; and

   (C)   Special Developments: In the case of planned unit developments and large-scale developments, the commission may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. (Ord., 5-7-1984)

In granting any conditional use, the commission may prescribe appropriate conditions, bonds, and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this title. (Ord., 5-7-1984)

Prior to granting a conditional use permit, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice may also be made available to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement. Written notice sent by regular United States mail shall be provided to adjoining property owners as indicated on the records of the County Assessor's Office, owners and residents within the land being considered, three hundred feet (300') beyond the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed conditional use as determined by the commission. When notice is required to two hundred (200) or more property owners or residents, in lieu of the mailing notification, three (3) notices in the official newspaper or paper of general circulation is sufficient; provided, the third notice appears fifteen (15) days prior to the public hearing. (Ord., 5-7-1984)

   (A)   Within sixty (60) days after the public hearing, or at the next regular meeting of the commission, whichever occurs later, the commission will either approve, conditionally approve or disapprove the application as presented. If the application is approved or approved with modifications, the commission shall direct the Administrator to issue a conditional use permit listing the specific conditions specified by the commission for approval.

   (B)   Upon granting a conditional use permit, conditions may be attached to a conditional use permit including but not limited to these:

      1.   Minimizing adverse impact on other development.

      2.   Controlling the sequence and timing of development.

      3.   Controlling the duration of development.

      4.   Assuring that development is maintained properly.

      5.   Designating the exact location and nature of development.

      6.   Requiring the provision for on-site or off-site public facilities or services.

      7.   Requiring more restrictive standards than those generally required in an ordinance.

   (C)   Prior to granting a conditional use permit, the commission may require additional information concerning social, economic, fiscal and environmental effects of the proposed conditional use. A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. A conditional use permit is not transferable from one parcel of land to another.

   (D)   Upon granting or denying an application, the commission shall specify:

      1.   The ordinance and standards used in evaluating the application.

      2.   The reasons for approval or denial.

      3.   The actions, if any, that the applicant could take to obtain a permit.

   (E)   Within thirty (30) days after a decision by the commission has been rendered, the Administrator shall provide the applicant with written notice of the action on the request.

   (F)   The applicant or any affected person who appears in person or in writing before the commission may appeal the decision of the commission in accordance with chapter 18 of this title. (Ord., 5-7-1984)