A conditional use is development which would not generally be appropriate within a district but might be allowed in certain locations within the district if specific requirements are met. The compatibility must be judged on the basis of the particular circumstances and may require the imposing of conditions before development or occupancy is permitted. The intent is to allow a reasonable degree of discretion in determining the suitability of a particular development at a specific location.

(Prior Code, § 17.12(1))

The commission is empowered to recommend a development permit for a conditional use if the following requirements are met. Uses which require such a permit are identified on the table in the district regulations and the schedule of use regulations.

(1)

Procedure. The requests for permit for a conditional use shall be filed with the administrator on an official application form and shall be accompanied by the required fee and detailed written and graphic materials fully explaining the proposed development. A public hearing shall be conducted by the commission.

(2)

Notice. The commission shall fix a reasonable time for a public hearing by publication in the official newspaper at least ten days prior to the hearing. The administrator shall also send written notice of the hearing to the owners of record of all lands situated wholly or partly within 100 feet of the other perimeter of the subject property. Such notice shall be sent by regular mail at least ten days before the date of the public hearing.

(3)

Conditions. The commission shall consider possible adverse effects of the proposed conditional use and what additional requirements may be necessary to reduce such adverse effects. The commission may recommend denial of the request.

(4)

Issuance and safeguards. The permit for a conditional use shall amend the development permit and shall be attached thereto. In recommending any conditional use, the commission may prescribe appropriate conditions and safeguards in conformity with this article. The commission may request that the city be provided with either a surety bond, cash escrow, certificate of deposit, securities, or cash deposit prior to issuance of the conditional use permit. The security shall be used to guarantee compliance with the conditions of the permit and shall be returned to the developer when an occupancy permit is issued.

(Prior Code, § 17.12(2))

In making a determination on an application for a conditional use, the commission shall consider all relevant factors specified in other sections of this article including standards for specific requirements for certain land uses and activities. The commission shall consider the following criteria:

(1)

Compatibility. The compatibility of the proposed use with existing development within 300 feet of the proposed use and within 500 feet along the same street and development anticipated in the foreseeable future within the neighborhood and conditions that would make the use more compatible.

(2)

Consistency with the comprehensive plan. The relationship of the proposed use to the objectives of the city comprehensive plan.

(3)

Importance of services to the community. The importance of the services provided by the proposed facility to the community, if any, and the requirements of the facility for certain locations, if any and without undue inconvenience to the developer, and the availability of alternate locations equally suitable.

(4)

Neighborhood protections. The sufficiency of the terms and conditions proposed to protect and maintain the uses in the surrounding neighborhood.

(5)

Conformance with other zoning regulations. The conformance of the proposed development with all provisions of this article.

(6)

Other factors. Other factors pertinent to the proposed use, site conditions, or surrounding area considerations that the commission feels are necessary for review in order to make an informed and just decision.

(7)

Conditions for issuance of conditional use permit for adult oriented entertainment:

a.

Such use shall not be located within 1,000 feet of any residential district as designated within this title with an "R" designation.

b.

Such use shall not be located within 1,000 feet of a public or private school, or place of worship.

c.

Such use shall not be located within 1,000 feet of another adult bookstore or adult cabaret.

d.

The distances provided in this subsection shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the lot upon which the proposed use is to be located, to the nearest point of the zoning district boundary line or the lot from which the proposed use is to be separated.

e.

Violation of these provisions is declared to be a public nuisance per se.

f.

Nothing in this subsection is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or state law regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

(Prior Code, § 17.12(3))

An appeal from the decision of the city plan commission regarding an application for a conditional use permit may be taken to the common council by any person aggrieved by the decision of the plan commission and must be filed in the office of the city clerk within ten days of the decision of the plan commission. Such appeal must specify the grounds therefor. The common council shall fix a reasonable time for the hearing of the appeal, and give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. The decision of the plan commission shall be upheld unless the common council, by a favorable vote of two-thirds of the members of the common council, reverses or modifies the action of the plan commission.

(Prior Code, § 17.12(4))