A. Procedure: Pursuant to an application and hearing procedure as provided in article 37 of this chapter for granting a variance, the planning commission may authorize conditional uses as specified in this code if the planning commission makes the required findings set forth in paragraph B. below.
Conditionally permitted uses shall be designated and listed in this code under the zone in which they are permitted. Additionally, a list of all uses which may require a conditional use permit shall be maintained in the office of the department of planning and community development and shall be available to the public free of charge. Noticing shall be completed in accordance with article 2.5 of this chapter and the City’s public notice guidelines.
B. Required Findings: The reviewing authority shall not issue a Conditional Use Permit unless the reviewing authority finds that the proposed location of any such use will not be detrimental to adjacent property or to the public welfare.
In addition, certain conditionally permitted uses have additional findings set forth in sections 10-3-1207 (Dining in Nonconforming Hotels), 10-3-1236 (Combined Uses), 10-3-1240 (Dining in Nonconforming Hotels), 10-3-1254 (Conditional Use Permits), 10-3-1282 (Permitted Areas), 10-3-1283 (Conditional Use Permit Requirements), 10-3-1604 (Conditionally Permitted Uses), 10-3-1611 (Mini-Shopping Centers), 10-3-1612 (Drive-Up, Drive-In, and Drive-Through Facilities), 10-3-1613 (Vehicle Sales, Service or Fuel Stations), 10-3-1617 (Exercise Clubs and Private Training Centers), 10-3-1618 (Exercise Clubs and Private Training Centers), 10-3-1619 (Nightclubs), 10-3-1620.2 (Cosmetic Spas), 10-3-1655 (Pedestrian-Oriented Areas), 10-3-1702 (Conditionally Permitted Uses), 10-3-1802 (Conditional Uses Permitted), 10-3-2003 (Conditionally Permitted Uses), 10-3-2730.4 (Alternative Parking Facility), 10-3-2733 (Parking in Nonresidential Zones; Location and Shielding of Facilities), 10-3-2862 (Conditional Use Permits Required), 10-3-2866 (Parking Requirements), 10-3-2866.1 (Loading Restrictions), 10-3-2867 (Hotel Access Areas), 10-3-2868 (Regulations and Restrictions Applicable), 10-3-3800.1 (Convenience Store Conditional Use Permit), and 10-3-4705 (Non-storefront, delivery-only medical cannabis retail) of this chapter. (Ord. 14-O-2661, eff. 6-20-2014; amd. Ord. 19-O-2795, 12-10-2019; Ord. 23-O-2881, eff. 11-17-2023)