A conditional use, and uses accessory to such conditional uses, shall be permitted where the use is identified by this
Code as a conditionally permitted use, or is found by the Commission to be a substantially similar use, in the zoning district in which the use is located. In addition to any specific regulations required by this Code or the Ordinances, the Commission shall find:
(a) That the conditional use will be consistent with the general objectives, or any specific objectives, for the zoning district in which it is located, as set forth in this
Code and the Vision.
(b) That the conditional use will be designed, constructed, operated and maintained so as not to be detrimental to or endanger the public health, safety, or general welfare.
(c) That the conditional use will not change the essential character of the general vicinity in which it is located.
(d) That the conditional use will not be injurious to the uses permitted by right in the immediate vicinity, nor substantially diminish or impair property values within said vicinity.
(e) That establishment of the conditional use will not impede the normal and orderly development of uses permitted by right in the immediate vicinity.
(f) That adequate utilities and public facilities and services, such as streets and sewer and water services, are or will be provided; and that establishment of the conditional use will not require expenditures of public funds for such public facilities or services.
(g) That adequate measures have been taken to minimize traffic congestion on public streets.
(h) That the conditional use will not suffer substantial hardship in the future due to the conditional use being surrounded by uses permitted by right, which are incompatible with the conditional use.
(i) That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located as well as the specific conditions set forth in Section 1161.03.
(j) A Conditional Use Permit issued pursuant to this Chapter may not be transferred to any other person or address.
(Ord. 91-95. Passed 10-7-
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96.)
(k) Notwithstanding the above provisions, a Conditional Use Permit issued pursuant to this Chapter for a Mixed Use Overlay development may be transferred to another person or address provided that the regulations in Chapter 1135, Mixed Use Overlay District, and all other provisions of the Ordinances and this Code that are not in conflict with Chapter 1135 have been satisfied.
(Ord. 61-04. Passed 7-6-2004.)
Notwithstanding anything in this Chapter or this Section to the contrary, where the Commissioner determines, after compliance with the requirements of Section 1173.02, that a permit holder seeking renewal of a permit issued pursuant to this Section has remained in compliance with the conditions of said permit, the Commissioner may issue such renewal.
(Ord. 91-95. Passed 10-7-1996.)