Certain uses, while generally not suitable in a particular zoning district, may under certain circumstances, be acceptable. When such circumstances exist, a conditional use permit may be granted. The conditional use permit may be issued for a specified period of time, with automatic cancellation at the end of that time unless it is renewed, or conditions may be applied to the issuance of the permit and periodic review may be required to determine if the conditional use has any detrimental effects on neighboring uses or districts. The permit shall be granted for a particular use and not for a particular person or firm.

(Ord. 304, Art. 19(part), 1990)

A conditional use permit may be granted following compliance with the procedure set forth in this section if the conditional use is one set forth in the district regulations, provided that no application for a conditional use shall be granted unless all of the following conditions are found to be present:

(1)

The conditional use will not be detrimental to or endanger the public health, safety or general welfare;

(2)

The existing permitted uses in the neighborhood will not in any manner be substantially impaired or diminished by the establishment of the conditional use;

(3)

The conditional use will not impede the normal and orderly development of the surrounding property for uses permitted in the district;

(4)

Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided;

(5)

Adequate measures have or will be taken to provide access and exit so designed as to minimize traffic congestion in the public streets; and

(6)

The conditional use shall conform to all special provisions of the district in which it is located.

(Ord. 304, Art. 19, § 1, 1990)

Application for a conditional use permit shall be submitted by the property owner to the city auditor on forms provided by the city auditor. The application fee for the permit shall be set by resolution by the council. The application shall include:

(1)

The name and address of the applicant;

(2)

The date of the application;

(3)

A description of the site and its relationship to the surrounding area;

(4)

A preliminary map showing boundary lines and location of structures to be developed on the site;

(5)

Location of existing structures on adjacent property;

(6)

Parking plan showing off-street parking areas and/or loading areas;

(7)

Names and addresses of adjacent property owners;

(8)

Any reasonable information the planning commission deems necessary;

(9)

Payment of the required filing fee.

(Ord. 304, Art. 19, § 2, 1990)

The city auditor, upon receipt of an application for a conditional use permit, shall present the same to the planning commission at its next regular or special meeting, at which time a date within the next sixty days shall be set for a public hearing for the proposed conditional use. Following the public hearing, the planning commission shall consider the application and make a recommendation to the city council within sixty days.

(Ord. 304, Art. 19, § 3, 1990)

The city auditor shall publish a notice of the public hearing in the official city newspaper at least ten days before the hearing. Notice shall include the date, time, place and purpose of the hearing and shall be approved by the planning commission. In addition to the published notice, the planning commission may require that notice be mailed to those persons designated by the planning commission.

(Ord. 304, Art. 19, § 4, 1990)

Upon receipt of the planning commission's recommendations, or if the planning commission has not acted within the required time limits in Section 19.38.040, the city council shall hold a public hearing on the proposed conditional use. Following the public hearing, the city council may either grant the proposed conditional use, grant the proposed conditional use with additional conditions, or deny the proposed conditional use.

(Ord. 304, Art. 19, § 5, 1990)