A. Consideration Of Impact: The development and administration of this title is based upon the division of the city into zoning districts within which the uses of land and buildings are relatively uniform. It is recognized, however, that there are occasions when, in addition to the principal permitted uses, other uses, hereinafter referred to as "uses by review", because of their unique characteristics and because of the uniqueness of their proposed location, may be allowed after careful consideration of the impact of the particular uses upon the surrounding neighborhood and the public facilities therein.
B. Authorization: The planning commission may grant a use that is listed under uses by review in a particular zoning district after a public hearing has been conducted by said commission.
C. Conditions For Authorization: No use by review shall be granted by the commission unless a determination has been made that the application meets the following conditions:
1. Effect On Adjacent Properties: The proposed use will not adversely affect the use of adjoining or adjacent properties when operated in accordance with all required conditions.
2. Utility, Drainage, Parking Design Criteria: Adequate utility, drainage, parking, loading, access, and other design criteria shall be provided in accordance with all standards and provisions of this code.
3. Traffic Impact: The proposed use shall not generate vehicular traffic that is hazardous to, in conflict with, or exceeds the existing and anticipated traffic capacity of the transportation systems serving the area.
4. Noxious Or Offensive Emissions: Adequate safeguards shall be proposed to limit noxious or offensive emissions, including noise, glare, smoke, dust and odor.
5. Industrial Uses, Required Conditions: An application for an industrial use shall also meet the following specific conditions:
a. The use, manufacture, or storage of potentially combustible, explosive, or hazardous materials has been reviewed and approved by the fire marshal and other officials for compliance with applicable city, state, and federal regulations.
b. The method of pretreatment, handling, storage, and discharge of wastewater, storm water, and any other effluent has been reviewed for compliance with applicable city, state and federal regulations.
c. The emission of air contaminants will be in compliance with applicable city, state and federal regulations.
d. Safeguards shall be required to limit noise pressure levels, be it continual, intermittent, or at a steady or random beat, at any pitch or frequency, within the limits of levels commonly associated with uses permitted by right in the zoning district.
e. No heat, glare, or vibration shall be detected from any location beyond the property lines of the lot on which the use will be located.
f. Safeguards shall be required to limit odors so as not to adversely impact the use of adjacent properties.
6. Protection Of Public Health And Safety: Other conditions as may be reasonably necessary to secure and protect the health, safety, comfort, convenience, and welfare of the public due to the characteristics of the proposed use. In making its determination on an application for use by review, the commission may impose any requirements necessary to have said proposed use meet the above conditions.
7. Adult Entertainment Use: An application for an adult entertainment use shall also meet the following specific conditions:
a. Development Criteria: Any person applying for use by review approval to locate, remodel, alter, rebuild, or relocate an adult entertainment use within the city must state that said use will comply with the following developmental criteria, as well as all other conditions contained within this section, generally:
(1) No use by review approval shall be granted for any proposed location which is within a one thousand foot (1,000') radius of any other adult entertainment use.
(2) No adult entertainment use shall be allowed to locate within a five hundred foot (500') radius of any church, public or private school, or public or private park, nor shall any adult entertainment use be allowed to locate within five hundred feet (500') of any area zoned for residential use.
(3) All distances required to be met pursuant to this section shall begin at the property line of the proposed use and are measured to the nearest property line of the public or private school or park, church, or residentially zoned area, or any, adult entertainment use within the prescribed distance, if any.
b. First Use Deemed Complying: In the event that any two (2) or more adult entertainment uses are located within one thousand feet (1,000') of each other as of November 1, 1997, that adult entertainment use which shall have been first operated shall be deemed the complying use. The person, firm or corporation, or other entity responsible for the operation or management of the adult entertainment use shall have the responsibility of establishing by documented evidence the date on which such use first began continuous operation.
D. Application For Use: An application for a use by review shall be filed with the director of community development no later than ten (10) days prior to the date of the planning commission hearing. Any evidence as may be necessary to enable the planning commission to properly consider the request should accompany the application.
E. Public Notice: The subject property shall be posted with a notice or notices indicating the time and place of the planning commission hearing. Said notice shall be posted no later than seven (7) days prior to the date of the hearing. The property shall remain posted until a final decision has been made concerning the application.
F. Right Of Appeal: If the applicant or any other person wishes to appeal the decision of the planning commission, he shall file a written application to appear before the mayor and board of commissioners. Said appeal shall be made to the director of community development no later than seven (7) days after the date of the planning commission hearing. The mayor and board of commissioners shall then conduct a public hearing to consider the application. (Ord. 80-29, 12-16-1980 as amended)