The city council shall have the authority to grant conditional use permits if the proposed use is otherwise prohibited by the terms of this title, but is expressly allowed with conditions as a conditional use under specific provisions of this code. (Ord. 110, 7-6-1993)

An application for a conditional use permit shall be filed with the city clerk by at least one holder of an interest in the real property for which such conditional use is proposed, accompanied by a fee which may be established by the council by resolution. The form of the application shall also be established and changed, from time to time, by the council. The application shall include at least the following information:

   A.   Name, address, and phone number of the applicant.

   B.   Legal description of the property.

   C.   Description of existing use.

   D.   Zoning district.

   E.   Description of proposed conditional use.

   F.   A plan of the proposed site for the conditional use showing the location of all buildings, parking areas, traffic access and traffic circulation, open space easements, existing and proposed grade, landscaping, refuse and service areas, utilities, signs, rendering of building exteriors, property lines and north arrow, a plan for satisfaction of all conditions set forth in the applicable zoning district, and such other information as the council may require to determine if the proposed conditional use meets the intent and requirements of this chapter.

   G.   A narrative statement evaluating the effects on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan.

   H.   A list of the names and addresses of all property owners and residents within three hundred feet (300') of the external boundaries of the land being considered. (Ord. 110, 7-6-1993)

The council shall review the particular facts and circumstances of each proposed conditional use in the terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

   A.   Will, in fact, constitute a conditional use as established for the zoning district involved.

   B.   Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and/or this chapter.

   C.   Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area as established by the zoning district.

   D.   Will not be hazardous or disturbing to existing or future neighboring uses.

   E.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.

   F.   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, dust, odors, vibration, water pollution or safety hazards.

   G.   Will have vehicular approaches to the property which shall be designed as not to create an interference with traffic on surrounding public thoroughfares.

   H.   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. (Ord. 110, 7-6-1993)

Each application will be reviewed at a public hearing for which adequate public notice will be given. A completed application will be heard by the commission at a public hearing within forty five (45) days of its receipt of all elements necessary to complete the application.

   A.   Notice of time, date, and place of the hearing and a summary of the proposal shall be given by one publication in a newspaper of general circulation in the county at least fifteen (15) days prior to the hearing. Notice may also be made available to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement.

   B.   Notice shall also be posted on the premises which are the subject of the application not less than one week prior to the hearing.

   C.   Notice shall also be given by United States mail to each property owner whose name appears on the list accompanying the application as an owner of property within three hundred feet (300') of the boundaries of the subject property. Individual mailings may be waived when the aforementioned list includes the names of more than two hundred (200) property owners or residents so long as an alternative method for giving notice is employed which is reasonably calculated to give notice to said property owners. (Ord. 110, 7-6-1993)

The council shall enter an order requesting additional specific information from the applicant or approving, approving with additional conditions, or disapproving the application within thirty (30) days after conclusion of the public hearing together with the reasons therefor. Prior to granting a conditional use permit, studies may be required of the social, economic, fiscal and environmental effects of the proposed special use. In addition to the conditions specified by the applicable ordinance, conditions which may be attached for approval of an application include, but are not limited to, those which will:

   A.   Minimize adverse impact on other development.

   B.   Control the sequence, timing, and duration of development.

   C.   Assure that development is maintained properly.

   D.   Designate the exact location and nature of development.

   E.   Require the provision for on site or off site public facilities or services.

   F.   Mitigate foreseeable social, economic, fiscal and environmental effects.

   G.   Require more restrictive standards than those generally required in an ordinance.

   H.   Require mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the city. (Ord. 110, 7-6-1993)

A conditional use permit shall not be considered as establishing a binding precedent to grant other special use permits. Each application shall be considered upon its individual merits and the relevant conditions existing within the city and adjoining affected areas at the time each application is considered. A conditional use permit is not transferable from one parcel of land to another. (Ord. 110, 7-6-1993)

Written notice of the council's decision shall be mailed to the applicant. (Ord. 110, 7-6-1993)

It is recognized that conditions relevant to consideration of a conditional use permit application may change with time. It is further recognized that certain types of conditional uses have the potential to become public nuisances if mismanaged or operated improperly. Periodic review of such conditional uses is therefore desirable. As a result, the council may establish, as a condition of approval, a date upon which the permit will expire if all conditions are not previously satisfied and the project is not completed. Said date must be reasonably related to the circumstances of the proposed project and its impacts on the community. The council may also establish expiration dates for conditional use permits for those conditional uses which it deems pose the potential to become public nuisances if mismanaged or operated improperly; said expiration to occur even if all conditions of the permit have been or are satisfied. (Ord. 110, 7-6-1993)