A conditional use is permitted only if the applicant demonstrates that:
(A) The proposed conditional use shall comply with all regulations of the applicable zoning district; Divisions 11, 12, 13 and 14 of this chapter; and any applicable supplemental use regulations as set forth in Division 15 of this chapter;
(B) The proposed conditional use shall conform to the character of the neighborhood within the same zoning district in which it is located. The proposal as submitted or modified shall have no more adverse effects on health, safety or comfort of persons living or working in the neighborhood, or shall be no more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district. In making such a determination, consideration shall be given to:
(1) The location, type and height of buildings or structures;
(2) The type and extent of landscaping and screening on the site; and
(3) Whether the proposed use is consistent with any policy of the Comprehensive Plan that encourages mixed uses and/or densities.
(C) Adequate utilities shall be provided as set forth in Divisions 11, 12, 13 and 14 of this chapter;
(D) Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads;
(E) The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas;
(F) The proposed use shall not injure the use and enjoyment of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood;
(G) The proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district;
(H) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(I) The public interest and welfare supporting the proposed use shall be sufficient to outweigh the individual interests that are adversely affected by the establishment of the proposed use; and
(J) The proposed uses and structures comply with the sustainability requirements of the UDC.
(Ord. 3020, passed 9-10-2013, § 4.23.5)