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A. Intent: Conditional use permits, for specific uses other than those specifically permitted in each district, are intended to provide for the needs of the community in areas where they may be appropriate, but where special safeguards may be needed to protect other permitted uses from their adverse effects.
B. Conditional Use Requirements:
1. No structure or land may be used for any purpose or in a district where such use is not listed as a permitted use, unless such use is provided for by special permit and a conditional use permit is applied for at the city finance officer's office, on appropriate forms and public hearings are held before the zoning commission and the city council.
2. A conditional use permit shall only be granted by the city council based upon (if warranted by the facts and circumstances) a statement of findings by the city council that:
a. The use conforms generally to the objectives of the comprehensive plan and the intent of this title; and
b. Such uses will not adversely affect nearby properties or their occupants; and
c. Such uses do not do violence to the overall density, coverage, yard, height and all other regulations of the district in which they are located, however; and
d. Public hearings have been held, after the required legal notices have been given, and the public has been given a chance to be heard upon the matter. (1975 Code § 10-1-14)
C. Conditional Use Permit Procedure:
1. After the appropriate forms have been filed with the city finance officer and the required filing fee, as determined or set by the city council from time to time, has been paid to the city finance officer, the city zoning commission shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title. The zoning commission shall hold public hearings on said application to gather needed facts from all interested parties. The zoning commission may continue such hearing, if need be, to take additional information. If such continuance is required, a second legal notice will not be required if the time and date of the continued meeting is announced at the first meeting and placed in the official record of the commission. (Ord. 359, 10-5-1998)
2. The zoning commission will cause to be sent to the city council their recommendation on the hearing item with any and all pertinent facts pertaining to the application. The applicant will be given a true and exact copy of the zoning commission recommendations to the city council at least five (5) days prior to the city council hearing on such application. (1975 Code § 10-1-14)
3. The city council shall cause to be held a public hearing on said applications at which the zoning commission recommendations shall be read and additional testimony may be taken from interested parties. The city council shall approve, deny or change the recommendation of the zoning commission. If the city council denies or changes the zoning commission recommendations, the reasons for such a change shall be made part of the resolution. (1975 Code § 10-1-14; amd. 2015 Code)
D. Conditional Approval: The city council may make the granting of a conditional use permit subject to such additional reasonable limitations or conditions as it may impose, to enhance the appearance of the property, to reduce any of its adverse effects on nearby property or its occupants, to preserve the character of the area, to protect or enhance the view of the hills from this or other properties, or to make it more acceptable in other ways. (1975 Code § 10-1-14)