A conditional use listed in this chapter shall be permitted, altered, or denied in accordance with the standards and procedures of this section. In the case of a use existing prior to the effective date of this chapter and classified in this chapter as a conditional use, a change in the use or in the lot area, or an alteration of structure shall conform with the requirements for conditional use. In judging whether or not a conditional use proposal shall be approved or denied the Planning Commission shall weigh its appropriateness and desirability or the public convenience or necessity to be served against any adverse conditions that would result from authorizing the particular development at the location proposed and, in order to approve such use, shall find that the following criteria are met, can be met by observance of conditions, or are not applicable:

   (A)   The proposal will be consistent with the comprehensive plan and the objectives of this chapter and other applicable policies of the city;

   (B)   The location, size, design, and operating characteristics under the proposal will have minimal adverse impact on the livability, value, or appropriate development of abutting properties and the surrounding area;

   (C)   The location and design of the site and structures of the proposal will be as attractive as the nature of the use and its setting warrant;

   (D)   The proposal will preserve environmental assets of particular interest to the community; and

   (E)   The applicant has a bona fide intent and capability to develop and use the land as proposed and has no inappropriate purpose for submitting the proposal, such as to artificially alter property values for speculative purposes.

(Ord. 337, passed 6-11-1979)

   In permitting a new conditional use or the alteration of an existing conditional use, the Planning Commission may impose, in addition to those standards and requirements expressly specified by this chapter, additional conditions which it finds necessary to avoid a detrimental environmental impact and to otherwise protect the best interest of the surrounding area or the community as a whole.

(Ord. 337, passed 6-11-1979)

   A request for a conditional use or modification of an existing use is done by filing an application with the Planning Commission. The application shall be accompanied by a site plan showing the dimensions and arrangement of the proposed development, and the names of record and addresses thereof, of all landowners within 300 feet of the parcel in question. The Planning Commission may request other drawings or material essential to an understanding of the proposed use and its relationship to the surrounding properties.

(Ord. 337, passed 6-11-1979)

   Before a conditional use or modification of an existing conditional use is allowed, it shall be considered at a public hearing conducted by the Planning Commission. The public hearing shall be held and notice provided in accordance with the requirements of §§ 155.140 through 155.145.

(Ord. 337, passed 6-11-1979; Ord. 491, passed 6-13-2005; Ord. 509, passed 2-11-2008)

   The Planning Commission may recess a hearing on a conditional use request in order to obtain additional information or to notify additional property owners. Upon recessing, the Planning Commission shall announce the time and date when the hearing will be resumed and no further public notice shall be needed.

(Ord. 337, passed 6-11-1979)

   (A)   Home occupations. Any home occupation which causes abnormal automotive or pedestrian traffic or which is objectionable due to unsightliness or emission of odor, dust, smoke, noise, glare, heat, vibration, or similar causes discernible on the outside of any building containing such home occupation shall be prohibited. The premises shall at all times be maintained as residential in appearance. Any materials used or any item produced or repaired on the premises shall not be displayed or stored so as to be visible from the exterior of the building. Structural alterations shall not detract from the outward residential appearance. Any use that interferes with local radio or television reception shall be discontinued.

   (F)   A manufactured dwelling may be placed as a conditional use for a period not to exceed two years from the date of placement, and must meet the following conditions.

      (1)   All manufactured dwellings shall have compatible skirting of a non-combustible material or fire-retardant wood which must be maintained by the owner.

      (2)   The manufactured dwelling must be occupied by the property owner or a member of the property owner's family.

      (3)   Pedestals or supports shall be installed to ensure adequate support for all manufactured dwellings. However, no manufactured dwelling shall be permanently attached to a foundation.

      (4)   All awnings, carports, and cabanas constructed shall be of materials, size, color, and pattern so as to be compatible with the manufactured dwelling and shall comply with the state Building Codes.

      (5)   The owner of the lot shall agree that when a single-wide manufactured dwelling is removed from its foundation, the owner shall within 30 days remove the foundation, manufactured dwelling accessory structures, and other structures on the property, and request the city to properly disconnect and seal sewer, water, and other utilities.

(Ord. 337, passed 6-11-1979; Ord. 451, passed 7-8-1996; Ord. 496, passed 6-12-2006)

   The city shall notify the applicant of an action of the Planning commission within FIVE days after the decision has been reached. The notification shall be in writing.

(Ord. 337, passed 6-11-1979)

   Any permit granted hereby shall be subject to denial or revocation by the Planning Commission if it is ascertained that the application includes or included any false information, or if the conditions of approval have not been complied with or are not satisfied. In order to consider revocation of a conditional use permit, the Planning Commission shall hold a public hearing as prescribed under § 155.088 in order to allow the permit holder to show cause why such permit should not be revoked. If the Planning Commission finds that the conditions of permit approval have not been complied with or are not satisfied, a reasonable time shall be given for rectification and if corrections are not made within that time, revocation of the permit shall become effective ten days after the time specified. Re- application for a conditional use permit cannot be made within one year after revocation except that the Commission may allow a new application if in its opinion, new evidence or a change in circumstances warrant it.

(Ord. 337, passed 6-11-1979)

   A fee, according to a fee schedule adopted by the City Council by resolution, shall be paid to cover the costs incurred in giving notice and processing the conditional use request.

(Ord. 337, passed 6-11-1979)

   Authorization of a conditional use shall be void after one year or such lesser time as the authorization may specify unless substantial construction has taken place. The Planning Commission may extend authorization for an additional period not to exceed one year on request.

(Ord. 337, passed 6-11-1979)