The various zoning district descriptions of this chapter include lists of "conditional uses" which may be permitted subject to approval of a conditional use permit (C.U.P.). These particular uses were found to require special consideration because of their unusual or unique characteristics, or characteristics of the area or district. The intent of this process is to help ensure that all land uses are properly located with respect to the city's goals and development objectives and policies, and in a manner that will help ensure compatibility between neighboring uses and possible conflicting uses.

(Ord. 225, passed 10-20-1994, § 21.1)

   The Planning Commission, or other authority designated by the City Council, shall have the authority to approve, approve with conditions, deny or revoke conditional use permits subject to the provisions of this section.

(Ord. 225, passed 10-20-1994, § 21.2)

   (A)   Initial application. An application for a new conditional use shall be processed as a Type III procedure. The application shall meet submission requirements in § 154.399 and the approval criteria in § 154.401.

   (B)   Modification of approved or existing conditional use. Modifications to approved or existing conditional uses shall be processed in accordance herewith.

(Ord. 225, passed 10-20-1994, § 21.3)

   Any land use that was legally established prior to the effective date of this section, and is a use listed as a "conditional use" in its zoning district, shall be considered a legal existing conditional use and shall be subject to all provisions of this section.

(Ord. 225, passed 10-20-1994, § 21.4)

   (A)   Application for a conditional use permit shall be made in writing to the city on a form prescribed by the Planning Commission.

   (B)   In addition to the information specifically requested on the application form, the following shall be provided at the time of application:

      (1)   Site development plan, in accordance with the requirements of §§ 154.310 through 154.317;

      (2)   Application fee, as established by the City Council;

      (3)   Written proof of ownership of the subject property or written and notarized consent of the owner of record; and

      (4)   A narrative description of the intended use and its operation and any additional information that may assist the Planning Commission in understanding the proposal and its possible impacts on the community, neighborhood or adjacent properties and uses.

(Ord. 225, passed 10-20-1994, § 21.5)

   The Planning Commission, or other designated authority, shall conduct a public hearing in accordance with city's hearing procedures to accept public comments pertaining to the request. The hearing shall include notification in a newspaper of local circulation. All owners of record of tax lots within 200 feet of the subject property shall be notified of the hearing by mail.

(Ord. 225, passed 10-20-1994, § 21.6)

   In determining whether or not a permit shall be approved, the Planning Commission shall find that all of the following criteria are met, can be met through specific conditions of approval, or are not applicable.

   (A)   Criteria.

      (1)   The proposal meets the requirements for approval of the site development plan, as outlined in §§ 154.310 through 154.317.

      (2)   The proposed development or land use will not adversely affect the peace, comfort and livability of the neighborhood and adjacent uses.

      (3)   The proposed development or land use is of a type that is similar to or otherwise compatible with existing and permitted uses in the zoning district in which it is being proposed and will have no adverse impacts on the area's attractiveness, usefulness or value for additional development in the future.

      (4)   The characteristics of the specific proposed location are such that other already existing or proposed development in the vicinity will not adversely affect the continuation of this proposed use.

      (5)   The establishment, maintenance or operation of the proposed use will not be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood.

   (B)   Conditions of approval. The city may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. Conditions and required improvements may include, but are not limited to:

      (1)   Restrictions on times of operation of a business or other activity;

      (2)   Duration of a particular use;

      (3)   Physical improvements intended to minimize such environmental effects as noise, vibration, air pollution, water pollution, glare, odor, dust and visual degradation;

      (4)   Increased lot or yard size or adjustments to yard or lot dimensions;

      (5)   Limitations to the height, size or location of a structure on its property;

      (6)   Dedication of public street right-of-way or additional width that may be required to bring a street up to the city standard;

      (7)   Public facilities and services to serve the subject use and in a size that may be necessary to serve future development that is planned for the general area;

      (8)   Drainage, screening, landscaping, fencing, lighting or other measures intended to reduce adverse effects on adjacent properties;

      (9)   Preservation of natural trees and vegetation, water resources, wildlife habitat, historic resources and visual resources;

      (10)   Size, number, location and/or design of vehicle access points or parking areas;

      (11)   Requiring and designating the size, height, location and/or materials for fences; and

      (12)   Other conditions intended to mitigate adverse effects on adjacent or nearby properties that might occur as a result of the approval of the proposed use or development.

(Ord. 225, passed 10-20-1994, § 21.7)

   (A)   No building permit or other permit shall be issued for the proposed use or development until expiration of the appeal period, and until all appeals have been processed.

   (B)   The city shall notify the applicant in writing of the conditional use permit approval or disapproval and of the appeal period and shall state to the applicant when the appeal period expires and permits can be issued.

(Ord. 225, passed 10-20-1994, § 21.8)

   The applicant or any interested party may appeal the Planning Commission's decision to the City Council in accordance with the appeal procedures outlined in §§ 154.455 through 154.462.

(Ord. 225, passed 10-20-1994, § 21.9)

   (A)   Unless a different time period is specified as a condition of approval, a C.U.P. shall become void after one year from the time of approval, unless the requested construction, alteration or expansion has been commenced and diligently pursued or unless the permitted activity is being regularly conducted on the premises and in accordance with all conditions of approval and other regulations.

   (B)   At the request of the applicant, the time limit may be extended by the Planning Commission if found to be necessary to allow the applicant to meet the requirements of division (A) above. A request for extension should be in writing explaining the circumstances of why an extension is necessary.

   (C)   After first conducting a public hearing, the Planning Commission may alter the conditions of a C.U.P. or revoke the permit for noncompliance with the conditions of approval.

   (D)   It shall be unlawful for any person to violate a condition of approval imposed, according to the provisions of this section, and punishment shall be in accordance with that of any other chapter violation.

(Ord. 225, passed 10-20-1994, § 21.10) Penalty, see § 154.999