(A) (1) A conditional use listed in this chapter shall be permitted, altered or denied in accordance with the standards and procedures of this subchapter.
(2) In the case of a use existing prior to the effective date of this chapter and classified in this chapter as a conditional use, a change in the use or in lot area or an alteration of structure shall conform with the requirements for conditional use.
(3) In judging whether or not a conditional use proposal shall be approved or denied, the Council shall weigh the proposal’s appropriateness and desirability or the public convenience or necessity to be served against any adverse conditions that would result from authorizing the particular development at the location proposed.
(B) To approve such use, the Council shall find the following criteria are either met, or are not applicable.
(1) The proposal will be in compliance with the city’s Comprehensive Land Use Plan and applicable provisions of this chapter, including, but not limited to, the applicable dimensional standards of §§ 156.035 through 156.038 of this chapter and the supplemental provisions of §§ 156.050 through 156.063 of this chapter.
(2) Taking into account location, size, design and operation characteristics, the proposal will have minimal impact on the abutting properties and the surrounding area compared to the impact of the development that is permitted outright.
(3) The location and design of the site and structures for the proposal will be as attractive and as consistent with other developments within the area and the zone as possible.
(4) The proposal will preserve assets of particular interest to the community as may be identified within the Comprehensive Land Use Plan.
(5) The applicant has a bona fide intent and capability to develop and use the land as proposed and has some appropriate purpose for submitting the proposal and is not motivated solely by such purposes as the alteration of property value or speculative purposes.
(Ord. 2009-01, passed - -2009)