(a) The director may allow a conditional use on a finding that the proposed use satisfies the following criteria:
(1) The proposed use is permitted as a conditional use in the underlying zoning district and conforms to the requirements of this chapter;
(2) The site is suitable for the proposed use considering size, shape, location, topography, infrastructure, and natural features;
(3) The proposed use will not alter the character of the surrounding area in a manner substantially limiting, impairing, or precluding the use of surrounding properties for the principal uses permitted in the underlying zoning district; and
(4) The use at its proposed location will provide a service or facility which will contribute to the general welfare of the community-at-large or surrounding neighborhood.
(b) In addition to the general or specific standards set forth in this chapter concerning the proposed use, which shall be considered minimum requirements with respect to the permit, additional requirements, conditions, and safeguards may be added by the director as required for the protection of the public interest in the specific case.
(c) The director may grant conditional use permits by modifying application of the sign regulations; district regulations relating to yards, landscaping, and lot dimensions; and parking requirements for uses that have an unusual peak-hour parking demand. No modification shall be made, unless the proposed conditional use otherwise meets the requirements of subsections (a) and (b). At no time may the director modify the minimum standards for a specific conditional use.
(d) In determining whether the proposed conditional use meets the requirements of subsections (a) and (b), the director will, where applicable, consider traffic flow and control; access to and circulation within the property; off-street parking and loading; sewerage; drainage and flooding; refuse and service areas; utilities; screening and buffering; signs; setbacks; yards and other open spaces; lot dimensions; height, bulk, and location of structures; location of all proposed uses; hours and manner of operation; and noise, lights, dust, odor, and fumes.
(e) Notwithstanding the requirements of subsections (b) and (c) relating to minimum development standards, in the apartment, apartment mixed-use, and business mixed-use zoning districts, the director may grant a conditional use permit for special needs housing for the elderly, as defined in this chapter, which may modify district regulations within the limits and subject to the standards established for this conditional use in Article 5.
(f) For certain conditional use permits, the director may require all or a portion of the site to be dedicated for a minimum of 10 years to active agricultural use. If the active agricultural use ceases before the expiration of the minimum period of dedication, the director may nullify the dedication upon a determination that the permit is revoked or rescinded.
(1990 Code, Ch. 21, Art. 2, § 21-2.90-2) (Added by Ord. 99-12; Am. Ords. 01-12, 02-63, 03-37)