The Planning Commission, with the consent of Council, or Council without the consent of the Commission, may grant conditional use permits for certain uses which are not permitted by right under this Zoning Code. In granting a conditional use permit, the Commission shall make a determination based on information presented that the conditional use shall conform to the intent of this Code and meet the conditions and safeguards for such use as established by Council. The Commission, or Council, may require additional conditions and safeguards above and beyond those as provided in Section 1135.04, if such additional conditions and safeguards are reasonably necessary to carry out the purpose and intent of a specific conditional use. Further, any conditions and safeguards specifically established may be waived by the Planning Commission, with the approval of Council, or by Council without the approval of the Planning Commission, if such conditions and safeguards can be shown to be superfluous, outdated or otherwise unnecessary to the particular conditional use for which an application is being made.
To approve a conditional use permit, the Commission and Council will consider if:
A. The proposed use will be properly located in relation to land use and street plans of the City;
B. The proposed use is necessary to serve the community needs;
C. The proposed use is adequately served by essential public facilities and services;
D. The location, design and operation of the proposed use at the specific location would not unduly discourage or interfere with surrounding uses and properties; and
E. The proposed use meets the specific development conditions as specified in the regulations for the district in which it is located.
(Ord. 98-176. Passed 8-3-98.)