A. Applicability. Where zoning district regulations indicate that a use is allowed as a conditional use, the procedures, requirements, and standards set out in Chapter 2, Article II, Section 2.C. and this section shall apply.
B. Definition. See Chapter 1, Article II, Definitions.
C. Standards for Evaluating Conditional Uses. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety, and welfare of the community and make written findings certifying that satisfactory provisions has been made concerning all of the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
2. Off-street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole;
3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above;
4. Utilities, with reference to locations, availability, and compatibility;
5. Screening, buffering and landscaping with reference to type, dimensions, and character;
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties;
7. Required setbacks and other open spaces;
8. General compatibility with adjacent properties, and other property in the zoning district;
9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole;
10. Economic effects on adjacent and nearby properties, and the city as a whole;
11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; and
12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15, Section 15-8.
A sound impact analysis shall be required for new or expanding bar, nightclub or similar uses when involving property within 300 feet of a residential district. The analysis shall include mitigating solutions that would reduce or eliminate any potential for off-site nuisance conditions. Depending on the size of the proposed use, the distances to and level of compatibility with adjacent land uses, the sound analysis may be required to include information, diagrams and sketches indicating the types and locations of proposed sound emitting equipment, speaker orientations, maximum output, building or site design intended to mitigate sound impacts, and any operational standards including an affidavit documenting maximum sound limits to be maintained based on the findings of the analysis.
A live entertainment permit shall be required for a bar/nightclub use pursuant to the requirements of Chapter 3, Article IV, Section l.a, and Part II (Code of Ordinances). Chapter 13, Article IV, Section 13-80.
(Ord. 10-025, passed 12-7-10; Am. Ord. 12-010, passed 6-19-12; Am. Ord. 12-016, passed 10-2-12)