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A. Purpose And Interpretation: In order to give the district use regulations of this Title the flexibility necessary to achieve the objectives of the Comprehensive 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 such circumstances exist, a conditional use permit may be granted. The permit shall be issued for a particular use and not for a particular person or firm.
B. Conditions Imposed; Performance Bond:
1. Conditions may be applied to issuance of the permit, and a periodic review of the permit may be required. Such conditions for conditional use permits for land designated to be flood plain may include, but are not limited to, the following:
a. Modification of waste treatment and water supply facilities;
b. Limitations on period of use, occupancy, and operation;
c. Imposition of operational controls, sureties, and deed restrictions;
d. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures;
e. Floodproofing measures, in accordance with the State Building Code and this Title. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associate flood factors for the particular area.
2. A performance bond of sufficient duration and amount to complete any of the conditions set forth in a permit may be required and, if so, shall be filed with the Director of Community Development prior to issuance of a building permit.
C. Application For Permit: An application for a conditional use permit shall be filed with the Director of Community Development and shall be accompanied by twelve (12) copies of a site plan meeting all of the requirements of Section 11-2-4 of this Chapter.
D. Public Hearing By Planning Commission: The Planning Commission shall hold at least one public hearing, giving the same public notice and making its written report to the City Council as required for amendments in subsections 11-2-8D and E of this Chapter.
E. Action By Council: Action on conditional use permit applications shall be taken by the City Council by the same procedures as required for amendments by subsection 11-2-8F of this Chapter; except, that the granting of a conditional use permit shall require a majority vote of the City Council.
F. Criteria For Issuance Of Permit: In granting a conditional use permit, the City Council shall find that:
1. The use will be in conformity with the City's Comprehensive Plan and with the purpose, intent and applicable standards of this Title.
2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located.
3. The use shall not depreciate values of surrounding property.
4. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances.
5. The use shall generate only minimal vehicular traffic on local streets as defined by the transportation element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the adjoining properties.
6. The use shall be served adequately by essential public services, such as streets, police, fire protection and utilities.
7. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City.
8. The use shall preserve and incorporate the site's important natural and scenic features into the development design.
9. The use shall cause minimal adverse environmental effects.
10. The use shall not adversely affect the potential development of adjacent vacant land.
11. In the case of flood plain applications, the following items shall be considered in addition to the aforementioned criteria:
a. The danger to life and property due to increased flood heights or velocities caused by encroachments;
b. The danger that materials may be swept onto other lands or downstream to the injury of others or that they may block bridges, culverts or other hydraulic structures;
c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions;
d. The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner;
e. The requirements of the facility for a water front location;
f. The availability of alternative locations not subject to flooding for the proposed use;
g. The compatibility of the proposed use with existing flood plain development and flood plain development anticipated in the foreseeable future;
h. The relationship of the proposed use to the Comprehensive Plan and flood plain management program for the area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
k. Such other factors which are relevant to the purposes of locating the proposed use in the flood plain.
G. Revocation Of Permit: A violation of any condition set forth in a conditional use permit shall be a violation of this Title and shall constitute grounds for revocation of the conditional use permit by the City Council.
H. Expiration Of Permit: A conditional use permit shall become void one year after it was granted, unless made use of within the year, or such longer period as the City Council may provide. (1971 Code § 28-14)