1. The Board may permit the following conditional uses to the District regulations set forth in this Zoning Code, subject to the requirements of this section:
A. Erection and use of a building or the use of premises or variance in the height and the regulations in any location for a public service corporation for public utility purposes or for purposes of public communication, which the Board determines is reasonably necessary for the public convenience or welfare.
B. The Board shall hear and decide only such other conditional uses as the Board is specifically authorized to pass on by the terms of this Zoning Code.
2. The Board shall decide such questions as are involved in determining whether conditional uses should be granted; and to grant conditional uses with such conditions and safeguards as are appropriate under this Zoning Code, or to deny conditional uses when not in harmony with the purpose and intent of this Zoning Code. A conditional use shall not be granted by the Board unless and until:
A. A written application for conditional use is submitted indicating the section of this Zoning Code which the conditional use is sought and stating the grounds on which it is requested.
B. Notice of public hearing shall be given at least ten (10) days in advance of public hearing. The owner of the property for which conditional use is sought or any agent of said owner and any other affected property owners shall be notified by mail. Notice of hearing shall also be posted on the property for which conditional use is sought.
C. The public hearing shall be held. Any party may appear in person or by agent or attorney.
D. The Board shall make a finding that it is empowered under the section of this Zoning Code described in the application to grant the conditional use, and that granting of the conditional use will not adversely affect the public interest.
E. Standards. No conditional use shall be granted by the Board unless the Board shall find:
(1) That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
(2) That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish and impair property values within the neighborhood;
(3) That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
(4) That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
(5) That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;
(6) That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located; and
(7) That the proposed use shall be consistent with the comprehensive plan.
3. In granting any conditional use, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Zoning Code and punishable under Section 171.05 of this Zoning Code. The Board may prescribe a time limit within which the action for which the conditional use is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the conditional use.
(Ord. 7-17-06 #4 (225) – Dec. 06 Supp.)