(A) Application. Conditional use permits may be issued for any of the following:
(1) Any of the uses or purposes for which permits are required or permitted by the provisions of this chapter;
(2) Public utility or public service uses or public building or community buildings in any district when found to be necessary for the public health, safety, convenience or welfare;
(3) Commercial excavating and storage of natural materials used for building or construction purposes, in any district;
(4) To classify as a conforming use any non-conforming institutional use existing in any district at the time of the establishment of a district; and/or
(5) To permit the location of any of the following uses in a district from which they are excluded by the provisions of this chapter: airport, library, community center, church, hospital, any institution of an educational, philanthropic or charitable nature, cemetery or mausoleum.
(B) Procedure.
(1) Application for the issuance of conditional use permit shall be made to the City Planning Commission.
(2) Any proceedings to classify certain uses as conforming uses as provided in this section may be initiated either by application or by the City Council or by the City Planning Commission.
(3) A fee as determined by the City Council shall accompany the application for the issuance of a conditional use permit.
(4) The City Planning Commission may hold hearings on the proposal to issue a conditional use permit as it may consider necessary, but at least 1 public hearing shall be held on any application for a use permit for the establishment of any use listed in division (A)(5) above.
(5) Following the hearing, the City Planning Commission shall make a report upon the proposal to the Council and shall recommend to the Council whatever action it deems advisable.
(6) The City Planning Commission shall not recommend the granting of a permit unless it finds that the establishment, maintenance or conducting of the use for which a use permit is sought will not under the circumstances of the particular case be detrimental to the health, safety, morals, comfort, convenience or welfare of the persons residing or working in the neighborhood of a use, or to the public welfare, or injurious to property or improvements in the neighborhood.
(8) Upon receipt of the report by the City Planning Commission, the City Council may hold whatever public hearings it deems advisable and shall make a decision upon the proposal to grant a conditional use permit.
(9) Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of a permit and of any conditions designated in the connection therewith.
(Ord passed 4- -1995; Am. Ord. passed 8- -2001)