(A) Purpose.
(1) In order to give the district use regulations of this chapter the flexibility necessary to achieve the objectives of the comprehensive guide plan in certain districts, conditional uses are permitted subject to the granting of a use permit. Conditional uses include those uses generally not suitable in a particular zoning district, but which may, under some circumstances, be suitable. When the circumstances exist, a conditional use permit may be granted.
(2) Conditions may be applied to issuance of a permit and a periodic review of the permit may be required. The permit shall be issued for a particular use and not for a particular person or firm. The applicant shall have the burden of proof that the use is suitable and that the standards set forth in this section have been met.
(B) Petition, public hearing, notice and procedure. Except as otherwise noted and provided under this section, the petition, public hearing, public notice and procedural requirements for conditional use permits shall be the same as those for zoning chapter amendments provided in § 155.400.
(C) Action by the City Council. The City Council may grant a conditional use permit, as the use permit was applied for or in modified form, if it is determined that the proposed location of the conditional use is in accord with the objectives of the comprehensive guide plan and the purposes of the district in which the site is located and would not be materially injurious to properties or improvements in the vicinity. The City Council may grant a conditional use permit only by an affirmative vote of a majority of a quorum of the City Council.
(D) Standards. The Planning Commission shall recommend a conditional use permit and the Council may issue conditional use permits if it finds that the use at the proposed location:
(1) Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city.
(2) Will be harmonious with the general and applicable specific objectives of the comprehensive plan and code provisions.
(3) Will be designed, constructed, operated and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood.
(4) Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools.
(5) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
(6) Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets.
(7) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
(8) These standards apply in addition to specific conditions as may be applied throughout the code.
(E) Conditions. In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan. In all cases in which conditional uses are granted, the Council shall require evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
(F) Denial for noncompliance. If the Planning Commission recommends denial of a conditional use permit or the Council orders the denial, it shall include in its recommendation or determination findings as to the manner in which the proposed use does not comply with the standards required by this section.
(G) Periodic review, term of permit. A periodic review of the use may be attached as a condition of approval of a conditional use permit. Unless otherwise stipulated, the term shall be the life of the use.
(H) Lapse of conditional use permit by non-use. Whenever within one year after granting a conditional use permit, the use as allowed by the permit shall not have been completed or utilized, then the permit shall become null and void unless a petition for an extension of time in which to complete or utilize the use that has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for decision.
(I) Enforcement and revocation. Failure to comply with any condition set forth in a conditional use permit, or any other violation of this section, shall constitute sufficient cause for termination of the conditional use permit by the City Council following a public hearing. Written notification of the public hearing shall be mailed at least ten days prior to the hearing to the current holder of the conditional use permit. The notice should outline the violation(s) considered by the city to be grounds for revocation and inform the current holder of the conditional use permit of the opportunity to be heard at the public hearing. In addition to other remedies provided in this code or at law, failure to comply with any condition set forth in a conditional use permit, or any other violation of this section, shall be a misdemeanor.
(‘81 Code, § A1-72) (Ord. 291, passed 4-21-83; Am. Ord. 512, passed 5-9-91)