(a)

Recognizing that certain uses may be desirable when located in the city but that these uses may be incompatible with other uses permitted in a district, certain conditional uses listed herein, when found to be in the interest of the public health, safety, morals and general welfare of the community, may be permitted by conditional use permit, except as otherwise specified, in any district from which they are not prohibited.

(b)

Before the location or establishment of, or before any changes in a conditional use permit, the application procedures, site plan requirements, public hearing requirements and actions as outlined in these regulations shall be followed. All applications for conditional use permits shall be reviewed by the planning commission. The commission shall make a recommendation to the board of aldermen, which may approve, approve conditionally or deny the application for a conditional use permit.

(c)

In case a protest against such conditional use permit is presented, duly signed and acknowledged (properly notarized) by the owners of 30 percent or more, either of the areas of land (exclusive of streets and alleys) included in such proposed permit, or within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds of all members of the board of aldermen.

(d)

The city may, within the specifications herein provided, permit such buildings, structures or uses where requested. In considering any application for a conditional use permit, the city shall give consideration to the health, safety, morals, comfort and general welfare of the inhabitants of the city, including but not limited to, the following factors:

(1)

The stability and integrity of the various zoning districts;

(2)

Conservation of property values;

(3)

Protection against fire and casualties;

(4)

Observation of general police regulations;

(5)

Prevention of traffic congestion;

(6)

Promotion of traffic safety and the orderly parking of motor vehicles;

(7)

Promotion of the safety of individuals and property;

(8)

Provision for adequate light and air;

(9)

Prevention of overcrowding and excessive intensity of land uses;

(10)

Provision for public utilities and schools;

(11)

Invasion by inappropriate uses;

(12)

Value, type and character of existing or authorized improvements and land uses;

(13)

Encouragement of improvements and land uses in keeping with overall planning; and

(14)

Provision for orderly and proper renewal, development and growth.

In this regard, the city may impose reasonable conditions on the approval of a conditional use permit. Such conditions may include a provision approving a conditional use permit limited to an individual property owner or owners alone or a provision approving a conditional use permit for a specific period of time.

(e)

Upon approval of a conditional use permit, the zoning district map shall be changed in the manner outlined in article XI of this chapter.

(Comp. Ord. of 4-20-2010, § 20-1)

The conditional uses may be approved by the city as provided in the use table in section 50-107. If no zoning district is listed after a particular conditional use, it may be placed in any zoning district consistent with the procedures contained in these regulations.

(Comp. Ord. of 4-20-2010, § 20-2)

A conditional use permit shall be allowed to continue, unless specified otherwise as a condition of its authorization, as long as all conditions placed on it are met; however, if after a public hearing the city finds that a particular use ceases to exist for a period of six months, or if the use is no longer in compliance with the conditions placed upon such conditional use permit by the planning commission and/or the board of aldermen, the property forfeits its conditional use permit. The permit will not be allowed to exist again unless a new application is made, a public hearing held as provided for in these regulations and a new conditional use permit approved.

(Comp. Ord. of 4-20-2010, § 20-3)

(a)

Parking requirements for conditional uses shall be approved by the city. The following shall be taken into consideration when reviewing and approving parking requirements:

(1)

The use of the facility.

(2)

The square footage of the building.

(3)

The surrounding land uses and zoning districts.

(b)

Where appropriate, the parking regulations of the underlying zoning district or the most analogous zoning district shall be followed.

(c)

Additional parking requirements are contained in article X of this chapter.

(Comp. Ord. of 4-20-2010, § 20-4)