The development and execution of this article is based upon the division of the city into districts, within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district, without consideration, in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such conditional uses fall into two categories:

(1)

Uses publicly operated or traditionally affected with a public interest.

(2)

Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(Code 1986, § 10.10(1))

Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest of an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the conditional uses provided for in this article in the zoning district in which the land is located.

(Code 1986, § 10.10(2))

An application for a conditional use shall be filed with the city clerk/treasurer on a form prescribed by the city clerk/treasurer. The application shall be accompanied by such plans and/or data prescribed by the city plan commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in section 55-198. Such application shall be forwarded from the city clerk/treasurer or the city plan commission with a request for a public hearing and report relative thereto.

(Code 1986, § 10.10(3))

Upon receipt in proper form of the application and statement, the city plan commission shall hold at least one public hearing on the proposed conditional use. Notice shall be given in the same manner as a request for change of zone.

(Code 1986, § 10.10(4))

For each application for a conditional use, the city plan commission shall report to the common council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. If an application for a property conditional use it not acted upon finally by the common council within 90 days of the date upon which such application is received by the common council, it shall be deemed to have been denied.

(Code 1986, § 10.10(5))

No conditional use shall be recommended by the city plan commission unless such agency shall find that:

(1)

The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

(2)

The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

(3)

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

(4)

Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

(5)

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

(6)

The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the common council pursuant to the recommendations of the city plan commission.

(Code 1986, § 10.10(6))

Prior to the granting of any conditional use, the city plan commission may recommend, and the common council shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in section 55-198. In all cases in which conditional uses are granted the common council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

(Code 1986, § 10.10(7))