(a) The Board of Zoning Appeals may in specific cases authorize conditional uses for the land, buildings or other structures, if conditional uses are provided in this Zoning Code.
(b) A conditional use shall be permitted in a district only when specified as a conditional use in such district, and only if such use conforms to the following standards. Furthermore, the Board of Zoning Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence that:
(1) The conditional use in the proposed location will be harmonious and in accordance with the purpose, intent and basic planning objectives of this Code and with the objectives for the district in which located.
(2) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare.
(3) The conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not essentially change the character of the same area.
(4) The conditional use will not be hazardous or disturbing to the existing and future use and enjoyment of property in the immediate vicinity for the uses permitted, nor substantially diminish or impair property values within the neighborhood.
(5) The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(6) Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
(7) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets; and considering the proximity of access drives to street intersections relative to the anticipated volume of traffic.
(8) The establishment of the conditional use should not be detrimental to the economic welfare of the community by creating excessive additional requirements at public cost for public facilities such as police, fire and schools.
(9) There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible.
(10) The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
(c) When authorizing a conditional use as provided herein, the Board of Zoning Appeals may prescribe such additional conditions as are in its opinion necessary for the protection of adjacent properties and the public interest.
(Ord. 06-45. Passed 6-12-06.)