Approval required. Uses listed as permitted by conditional use grant may be permitted in the district in which listed upon petition for such grant to the Common Council and subject to the approval of the Council upon recommendation of the Plan Commission and to such other conditions as hereinafter designated. Legal nonconforming uses may also be permitted conditional grant status pursuant to §§ 485-46 and 485-91F of this chapter.

Basis of approval. The Common Council, upon recommendation of the Plan Commission, shall base its determination on general consideration as to the effect of such grant on the health, general welfare, safety and economic prosperity of the City and specifically of the immediate neighborhood in which such use would be located, including such considerations as the effect on the established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for related services, the possible hazardous, harmful, noxious, offensive, or nuisance effect as a result of noise, dust, smoke or odor and such other factors as would be appropriate to carrying out the intent of conditional grants as expressed in Article XIV.

Petition. A request for conditional use grant shall be submitted in writing to the Director of Planning and Development who shall promptly refer such petition to the Plan Commission for recommendation. Such petition shall be accompanied by appropriate data and information necessary for proper evaluation of the request, including specifically the following:

Hearing. Upon receipt of the petition the Common Council shall hold a public hearing thereon.

Notice. Notice of the proposed conditional use and a copy of the public hearing notice shall be sent by regular mail to the owners of all property within 200 feet.

Determination. Following public hearing and necessary study and investigation by the Plan Commission, the Common Council shall as soon as practical render its decision in writing, and a copy shall be made a permanent part of the Council records. Such decision shall include an accurate description of the use permitted, of the property on which permitted, and any and all conditions made applicable thereto, or if disapproved shall indicate the reasons for disapproval.

Mapping and recording. When a conditional grant is approved, the building and occupancy permits shall be appropriately noted and such grant shall be applicable solely to the structures, use and property so described. Indication of such grant shall also be made on the Zoning Map by appropriate code number or symbol.

Termination. Where a permitted conditional use does not continue conformity with the conditions of the original approval or where a change in the character of the surrounding area or the use itself causes it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for public welfare, the conditional grant may be terminated by action of the Common Council following referral to the Plan Commission for recommendation and public hearing thereon. Such use shall thereafter be classified as a legal nonconforming use, except that where the action is due to failure to comply with the conditions of the conditional grant, the Common Council may require complete termination of such use.

Application to existing uses.

A request for conditional use shall be accompanied by a review fee for initial review plus a deposit to be drawn on in amounts established or revised from time to time by resolution of the Common Council. The applicant will be billed for the actual costs of publication.

Standard requirements.

Special requirements. In addition to the general standards and requirements as stated in this section, such conditional uses shall be subject to more specific standards and requirements pertinent to the particular use, which standards and requirements may be set out in a supplementary guide for conditional use regulation adopted by the Plan Commission and modified from time to time in order that they reflect the best and most contemporary or regulatory practices.

Modification of regulations. Requirements applicable to uses permitted by right or as accessory uses in any district by the regulations of this chapter may be modified or waived by the Plan Commission in their application to a conditional use if in the Commission's opinion they are not appropriate or necessary to the proper regulation of the conditional use, and where such modification or waiver would not in the Commission's opinion result in adverse effect upon the surrounding properties.

Accessory uses and structures. Uses and structures accessory to a principal conditional use shall be subject to appropriate regulations in the same manner as herein set forth for the principal conditional use.