(a)

Supplementary regulations for conditional uses to this chapter and the requirements and procedures therefor shall be as follows:

(1)

Conditional uses and their accessory buildings and uses may be permitted by the planning commission and city council in the districts indicated therein, in accordance with the procedure set forth in this section.

(2)

Upon receipt of any application for a conditional use by the building inspector, it shall be referred to the planning commission.

(3)

A fee in an amount as provided in the city fee schedule shall be paid to the city clerk at the time the application is filed, and an additional cost for publication shall be paid to the city clerk prior to the time publication of the notice of public hearing is ordered by the planning commission. All fees received under this subsection by the city clerk shall be paid over to the city to the credit of the city's general revenue fund.

(4)

The planning commission shall conduct a public hearing after 15 days' notice thereof has been given. Following the hearing and upon an affirmative finding by the planning commission that:

a.

The proposed conditional use is to be located in a district wherein such use may be permitted;

b.

The requirements set forth by the planning commission for such conditional use will be met; and

c.

The conditional use is consistent with the spirit, purpose and intent of the comprehensive community plan, will not substantially and permanently injure the appropriate use of neighboring property, and will serve the public convenience and welfare.

(b)

The planning commission shall report the results of its study and recommendation to the city council within 60 days following receipt of the application. If no such report has been filed with the city council within this time period, the city council shall be permitted to proceed to process the application. The building official shall inspect the development to ensure compliance with the provisions approved by the planning commission and city council.

(Code 2002, § 102-656; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-633), 12-20-2017)

Conditional use requirements to this chapter shall be as set forth by the planning commission as follows:

(1)

An existing lawful use which is listed as a conditional use, and which is located in a district in which such conditional use may be permitted, shall be considered a conforming use.

(2)

Any expansion of such conditional use involving the enlargement of the buildings, structures and land area devoted to such use shall again be subject to the procedure described in this section.

(3)

If the nature of the conditional use involves more than one use, the applicant may apply for a permit for the conditional use which most closely relates to the primary use, provided that the requirements of all related uses are met.

(4)

Substance abuse facilities include buildings, structures, and land, for the residential or outpatient treatment of alcohol and/or other drug abuse, and shall meet the following provisions:

a.

If a residential facility, not more than 48 persons shall reside in the building at one time.

b.

The exterior appearance of the treatment facility shall reasonably conform to the exterior appearance of other dwellings in the vicinity.

c.

A treatment facility shall not be located closer than 25 feet to any other substance abuse treatment facility.

(Code 2002, § 102-657; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-634), 12-20-2017)