The purpose and intent of conditional uses is to allow in certain areas compatible integration of uses which are related to the permitted uses of the zone, but which may be suitable and desirable only in certain locations in that zone due to conditions and circumstances peculiar to that location and/or upon certain conditions which make the uses suitable and/or only if such uses are designed, laid out and constructed on the proposed site in a particular manner. (Ord., 11-14-1974)

A conditional use permit shall be required for all uses listed as conditional uses in the zone regulations. A conditional use permit may be revoked by the City Council after review and recommendation by the Planning Commission, upon failure to comply with the conditions imposed with the original approval of the permit. (Ord., 11-14-1974)

   A.   Application: Application for a conditional use permit shall be made to the Planning Commission.

   B.   Plans Required: Detailed location, site and building plans shall accompany the complete application forms provided by the City. For structures in existence, only a location plan need be provided.

   C.   Consideration By Planning Commission: The application, together with all pertinent information, shall be considered by the Planning Commission at its next regularly scheduled meeting. (Ord., 11-14-1974)

The Planning Commission may deny or permit a conditional use to be located within any zone in which the particular conditional use is permitted. In authorizing any conditional use, the Planning Commission shall impose such requirements and conditions necessary for the protection of adjacent properties and the public welfare. (Ord., 11-14-1974)

The Planning Commission shall not authorize a conditional use permit unless evidence is presented to establish that:

   A.   The proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the community; and

   B.   Such use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons nor injurious to property or improvements in the community, but will be compatible with and complimentary to the existing surrounding uses, buildings and structures when considering traffic generation, parking, building design and location, landscaping and signs; and

   C.   The proposed use will comply with the regulations and conditions specified in this title for such use; and

   D.   The proposed use conforms to the goals, policies and governing principles and land use of the Master Plan for the City; and

   E.   The proposed use will not lead to the deterioration of the environment, or ecology of the general area, nor will it produce conditions or emit pollutants of such a type or of such a quantity so as to detrimentally effect, to any appreciable degree, public or private property, including the operation of existing uses thereon, in the immediate vicinity or the community or area as a whole. (Ord., 11-14-1974)

   F.   If the proposed use is to be privately owned, and not to be owned by a governmental entity, and if the proposed use is to occupy a building of ten thousand (10,000) square feet or more in floor area, the building constructed, remodeled, or otherwise to be used for the proposed use will be maintained or demolished so as to avoid creating an abandoned or blighted structure if the use should be discontinued at any time in the future.

   G.   If the proposed use is the residential use of an existing nonresidential building, the building will be remodeled or altered to make its appearance compatible with other residential structures in the area. This basis for issuance of a permit can be waived if the Land Use Authority determines that the building is a historic structure and its preservation in a nonresidential appearance would be necessary or desirable to promote the general welfare of the community.

   H.   If the proposed use is an educational institution and if the proposed use is to occupy a building of ten thousand (10,000) square feet or more in floor area, the applicant for the permit will participate in the cost of any roadway or sidewalk, or a study on the impact of a school on a roadway or sidewalk, that is reasonably necessary for the safety of schoolchildren and not located on or contiguous to school property. (Ord. 2009-08, 9-3-2009, eff. 9-3-2009)

The decision of the Planning Commission may be appealed to the City Council by following the procedures set forth in title 2, chapter 3 of this Code. (Ord. 2008-03, 1-17-2008, eff. 1-17-2008)

Upon receipt of a conditional use permit, the developer shall take such permit to the building inspector who will review the permit and conditions attached. Based on this review and compliance with any other items that might develop in the pursuance of his duties, the building inspector may approve an application for a building permit and shall ensure that development is undertaken and completed in compliance with said permit and conditions pertaining thereto. (Ord., 11-14-1974)

Unless there is substantial action under a conditional use permit within a period of one year of its issuance, as determined by the Planning Commission, the conditional use permit shall expire. The Planning Commission may grant a maximum extension of six (6) months under exceptional circumstances. (Ord., 11-14-1974)