As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include conditions which are considered necessary to the meet the performance standards and criteria of this title and to protect the best interests of the surrounding area or the city as a whole. The general performance standards and criteria may include but are not limited to the following:
(A) The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right-of-way shall be provided.
(B) The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with Chapter 210 (Off-Street Parking) of this title.
(C) If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles.
(D) Adequate off-street parking and off-street loading shall be provided in compliance with Chapter 210 (Off-Street Parking) and Chapter 211 (Off-Street Loading) of this title.
(E) Loading areas and drive-thru facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any “adjacent” residential use or district, and provided in compliance with § 205.23 (Drive-Thru Businesses) and Chapter 210 (Off-Street Parking) of this title.
(F) Whenever a nonresidential use “is adjacent to” a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with Chapter 213 (Fencing, Screening, and Landscaping Requirements) of this title.
(G) General site screening and landscaping shall be provided in compliance Chapter 213 (Fencing, Screening and Landscaping Requirements) of this title.
(H) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts, and shall be in compliance with § 205.11 (Exterior Lighting) of this title.
(I) Potential exterior noise and odor generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to ensure compliance with § 205.12 (Emissions, Noise, Odors, Smoke, Air Pollution, Dust and Other Particulate Matter, and Waste) of this title.
(J) The site drainage system as well as availability and compatibility of utilities shall be subject to the review and approval of the City Engineer.
(K) The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment in accordance with § 212.06 (Building Type and Construction) of this title.
(L) Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage or an outdoor, enclosed receptacle area shall be provided in compliance with § 205.13 (Outdoor Storage and Refuse) of this title.
(M) All signs and informational or visual communication devices shall be in compliance with Chapter 207 (Signs) of this title.
(N) The use and site shall be in compliance with any federal, state, or county law or regulation that is applicable and any related permits shall be obtained and documented to the city.
(O) Any applicable business licenses mandated by this Code are approved and obtained.
(P) The hours of operation may be restricted when there is judged to be an incompatibility with a residential use or district.
(Q) The use complies with all applicable performance standards of the zoning district in which it is located and where applicable, any non-conformity shall be eliminated.
(R) All additional conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein.
(Ord. 2011-06-07A, passed 6-7-2011)