A. The uses listed under the various districts herein as conditional uses are so classified because they carry the additional responsibility of services and liability to the client population, as well as surrounding neighborhood; however, the nature of such uses makes it desirable that they may be permitted to locate therein. The following procedure is established to integrate properly the conditional uses with other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure:
1. An application shall be filed with the city planning commission for review. Such application will be accompanied by appropriate documentation:
a. Plot plan.
b. Licenses.
c. Certificate.
d. Permit or notarized statement of eligibility by appropriate agency.
2. The planning commission shall, at least seven (7) days prior to the meeting to consider the application, send notice of the proposed use to surrounding landowners of record within three hundred feet (300') as verified by the applicant. Additional notice shall be made by publishing notice at least seven (7) days in advance of the meeting in a newspaper of general local circulation.
3. The planning commission shall review and approve or reject the application within forty five (45) days of submission. If rejected the planning commission shall prepare a written report stating the specific conditions not in compliance.
4. The city council shall review the application and within forty five (45) days of its consideration shall approve, conditionally approve or deny the application based upon the satisfactory completion of the conditions for use.
5. Prior to occupancy and operation the facility shall secure a building permit and occupancy permit as described in this code.
B. The conditions for use establish standards by which to determine the probable compatibility of the facility with the surrounding neighborhood. Primarily the planning commission must find that the cumulative effect of allowing the facility (in addition to existing facilities for service dependent populations) will not alter any existing residential character of the neighborhood, create an institutional setting, nor exceed the capacities of existing community recreational and social service facilities. It is the responsibility of the applicant to certify that the following conditions have been or shall be met by submitting appropriate documentation (plot plan, license or certificate, permit, etc.):
1. Licensing:
a. Statement of the exact nature of the planned facility, qualifications of the operator, type and number of residents and personnel.
b. Operating license or permit.
c. Documentation of all fire and safety code compliance.
d. Certification of all pertinent health permit compliance.
2. Spacing And Dispersal:
a. Certification of spacing, with a minimum of three (3) blocks between the facility and any other family home, or care facility.
b. A density indicator certifying that the resident population if allowed will not cause the service population in the census tract to exceed the service population percentage as a whole statewide, or five percent (5%) whichever is greater.
c. Either or both of these requirements may be waived provided that the density patterns for the local service dependent population are below standard. The block minimum shall follow these spacing requirements: no more than three (3) facilities on any block face. The density standards shall be: one thousand seven hundred (1,700) to one thousand three hundred feet (1,300') distance between each facility where the suburban area population density is less than one thousand (1,000) persons per square mile.
3. Zoning Compliance:
a. Parking: For homes of less than seven (7) residents, parking requirements will apply as to other residential uses in the district. For homes with more than seven (7) residents the requirements will be determined by the planning commission with regard to the number of residents and nature of the program (adult or youth, number of staff, etc.). All parking will otherwise conform to standards as established in this code.
b. Outward Appearance: All residences shall conform to the extent possible to the type and outward appearance of the residences in the area.
c. District Requirements: All facilities shall conform to the zoning requirements of the district in which they are located except where exempted specifically in this section.
d. Documentation Of Compliance: All facilities shall provide documentation of compliance with building codes and secure an occupancy permit prior to operation. (1986 Code)