(A)   Application. Conditional use permits may be issued for any and only the uses or purposes for which the permits are required or permitted by the provisions of this chapter.
   (B)   Procedure.
      (1)   Application for the issuance of a conditional use permit shall be made to the Planning Commission. The Planning Commission may hold hearings on the proposal to issue a conditional use permit as it may consider necessary but at least one public hearing shall be held on any such application. Notice shall be given at least ten days in advance of the public hearing in a newspaper of general circulation in the city. The person or his or her agent making the appeal or the request shall be notified by mail. Any party may appear in person at the public hearing, or by agent or attorney. Following the hearing, the Planning Commission shall make a report upon the proposal to the City Council and shall recommend to the City Council whatever action it deems advisable.
      (2)   To defray administrative costs of processing of requests for conditional use permits, a fee shall be paid by the applicant, the amount of the fee to be determined by the City Council.
      (3)   Upon receipt of the report of the Planning Commission, the City Council may hold whatever public hearings it deems advisable and shall make a decision upon the request for a conditional use permit.
      (4)   Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of the permit and of any conditions designated in connection therewith.
   (C)   Findings. No conditional use shall be recommended by the City Planning Commission unless the Commission shall find that:
      (1)   The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;
      (2)   The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area;
      (3)   Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;
      (4)   Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use;
      (5)   Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.
   (D)   Conditions.
      (1)   The Planning Commission may recommend and the City Council may designate conditions and require guarantees in the granting of a conditional use permit.
      (2)   Conditions may include, but are not limited to, the following:
         (a)   Paving, shrubbery, screening, fences or walls;
         (b)   Control or elimination of smoke, dust, vibration, gas, noise or odor;
         (c)   Hours of operation;
         (d)   Location of exits;
         (e)   Cleaning and painting;
         (f)   Elimination of nonconforming uses of land or nonconforming signs;
         (g)   Direction and intensity of outdoor illumination;
         (h)   Off-street parking and loading; and
         (i)   The duration of approval of the conditional use, after which the approval shall expire.
   (E)   Violation of conditions. Violations of conditions imposed by the Council in conjunction with approval of a conditional use shall be deemed a violation of this chapter and punishable under § 156.09 and § 10.99.
(Ord. 266, passed 5- -2008)