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(A) Purpose. The development of this chapter is based upon division of the city into districts, within which districts the use of land and building bulk and locations of buildings and structures are mutually compatible and substantially harmonious. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as permitted uses in any particular district without consideration, in each case, of impact of those uses upon neighboring premises. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district provided that due consideration is given to location, development, and operation of such uses.
(B) Public hearing notice. Shall be the same as the provisions set forth for the public hearing notice in § 154.63(A).
(C) Public hearing. Shall be the same as the provisions set forth for the public hearing in § 154.63(B).
(D) Data submission requirements. Shall be the same as the provisions set forth in § 154.63(C).
(E) Deliberation and decision. Shall be the same as the provisions set forth in § 154.63(D).
(F) Standards. No application for conditional use shall be approved unless the City Council finds that all of the following conditions are present:
(1) The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
(2) The uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance, or operation of the conditional use;
(3) The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
(4) Adequate utilities, access roads, drainage, and other necessary site improvements have been, or are being provided;
(5) Adequate measures have been, or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
(6) The conditional use shall substantially conform to all applicable regulations of the district in which it is located.
(G) Conditions and guarantees.
(1) Prior to the decision on any conditional use, the City Council may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary to promote the public health, safety, and general welfare of the community, and to secure compliance with the standards and requirements specified in division (F) above of this section. In all cases in which conditional uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.
(2) No alteration of a conditional use shall be permitted unless approved by the City Council. Where the City Council has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the City Council’s action unless the use is commenced, construction is underway, or the current owner possesses a valid zoning permit.
(Ord. 19-1, passed 8-10-1998; Res. 00-92, passed 9-11-2000)