(A) In general. The Commission shall have the authority, upon review of particular facts and circumstances, to issue a conditional use permit for a specific property.
(B) Standards applicable to all conditional uses. The Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:
(1) Is in fact a conditional use permitted in the zoning district involved;
(2) Will be harmonious with and in accordance with the general objectives, or with any specific objective, of this Zoning Code;
(3) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or extended character of the general vicinity and will not change the essential character of the same area;
(4) Will not be hazardous or disturbing to existing or future neighboring uses;
(5) Will not be served adequately by essential public facilities and services;
(6) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
(7) Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons or property, or to the general welfare, by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors; and
(8) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(C) Contents of application for permit. An application for a conditional use permit shall be filed with the Chairperson of the Commission by at least one owner or lessee of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
(1) The name, address, and telephone number of the applicant;
(2) A legal description of the property;
(3) A description of existing uses;
(4) The zoning district;
(5) A description of the proposed conditional use;
(6) A plan of the proposed site for the conditional use showing the location of all buildings, parking areas, yards, signs, and such other information as the Commission may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Code;
(7) A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odors, fumes, and vibration on adjoining property; and a discussion of the general compatibility of the use with adjacent and other properties in the district; and
(8) A list of the names and mailing addresses of all property owners within a distance of 200 feet from the lot lines, streets and alleys included, of the lot for which the variance is proposed.
(D) Public hearing and notice requirements. The Commission, by majority vote, shall either approve, approve with supplementary conditions, or disapprove the application as presented.
(E) Expiration of permit. A conditional use permit shall be deemed to authorize only a particular conditional use and the permit shall automatically expire if, for any reason, the conditional use shall cease for more than two years. A property having a conditional use that changes ownership can continue as a conditional use, provided that the property has not ceased as a conditional use for more than two years.
(Prior Code, § 1264.06) (Ord. 79-15, passed 11-12-1979; Ord. 2000-5, passed 5-8-2000)