(a) Conditional uses are unusual uses that may be permitted under the terms of this Zoning Code in certain districts if, in the circumstances of a particular situation, the use is found to be not detrimental to adjacent property and the public welfare; or if the use, when subject to certain conditions, can be made to effectively serve the purposes of the Zoning Code and the Master Plan.
(b) Conditional use permits are required for any land use identified as a conditional use in the zoning district in which the use is located and for other land uses which may not be specifically listed in a particular zoning district. No land shall be used for purposes of a conditional use unless and until a conditional use permit has been issued. In addition to land uses specifically listed as conditional uses in the district regulations the following uses shall also require a conditional use permit:
(1) Electric power lines carrying more than 5,000 volts, water and gas mains not in public highways, railroad tracks and yards in residential districts;
(2) Cemeteries, commercial greenhouses, golf courses, homes for the aged, hospitals and sanitariums in all residential districts;
(3) Temporary shelters in all residential districts;
(4) Certain industrial uses generally prohibited may be permitted as accessory uses in General Industrial Districts;
(5) Quarrying and excavating operations for natural resources in various districts;
(6) Motor freight terminals in Limited Industrial Districts; and
(7) Other lawful uses not specifically listed as permitted buildings and/or uses in the following Zoning District, B-1, B-2, B-3, B-4, M-1, M-2, and M-3, and that may not be included in the general land use categories under this Zoning Code where such uses meet the requirements contained in the definition in subsection (a) hereof.
(c) No building permit or certificate of occupancy shall be issued for any conditional use or building or use listed in subsection (b) hereof until a conditional use permit has been applied for and issued.
(d) Any person, firm or corporation owning land who desires a conditional use permit, shall file with the Building Administrator written application therefore on the forms provided. The applicant shall include the information required for development plan review pursuant to Section 1161.11. The Building Administrator shall then present the application to the Planning Commission. Upon an application being received by the Commission, the Commission shall set a date and the time and place for a public hearing. Notice of the time, place and date of the public hearing for each application for a conditional use permit shall be published once a week for two successive weeks prior to the public hearing in a newspaper of general circulation in the City.
(e) After the public hearing required herein has been completed, the Commission shall make a recommendation to Council on the question of whether the conditional use permit should be issued. In determining its recommendation the Commission shall consider how the proposed use will effect adjacent property, the public welfare, the Master Plan and the existing character of the district within which the proposed use is located.
In the event that the Commission recommends to Council that the conditional use permit not be issued, the Commission shall include in its recommendation the reason for the recommendation against the issuance of the conditional use permit.
The Commission shall conclude its actions hereunder within forty-five days of the receipt of the application from the Building Administrator. The failure of the Commission to take action within such forty-five day period of time shall constitute a recommendation that the permit be issued.
(Ord. 1996-025. Passed 2-12-96.)
(f) Upon receipt of the recommendation from the Commission Council shall determine whether or not the conditional use permit is to be issued. In the event that Council determines to issue a conditional use permit, it is to do so by appropriate legislation containing the conditions upon which the permit is to be issued.
The legislation providing for the issuance of the conditional use permit shall contain therein a time period of one year for which the permit is to be issued. At any time prior to the expiration of the conditional use permit herein provided for, the permit holder shall make application for a renewal of the permit for a three year period; each renewal thereafter shall be for a three year period. Council, by motion duly made and adopted, may provide for the issuance of the renewal of the conditional use permit and at the time of consideration on the motion may provide for such additional conditions as may be required.
(Ord. 2011-015. Passed 2-22-11.)