In the various zones, certain uses are permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, these uses require special consideration so that they may be located properly with respect to the objectives of this title (and title IX of this code) and with respect to their effects on surrounding properties. In order to achieve these purposes, the commission is empowered to grant or deny applications for conditional use permits as are prescribed in this chapter and to impose reasonable conditions upon the granting of such permits.
(A) Public Hearing: The commission will set the date for and hold a public hearing and subsequently make recommendations to the council for approval or denial of the request in accordance with the provisions set forth in chapter 15, "Procedures, Appeals And Action", of this title. (Ord. 821, 2-23-2006, eff. 3-16-2006)
(B) Findings For Granting Permit: A conditional use permit shall be granted only if the commission finds that the use, as applied for, in fact will:
1. Constitute a conditional use authorized in the zone involved.
2. Be harmonious with and in accord with the general objectives and with any specific objectives of the comprehensive plan and/or this title.
3. Be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or likely character of the neighborhood, and that such use will not change the essential character of the surrounding area.
4. Not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of such proposed use.
5. Not cause any substantially harmful environmental consequences to any land or waters within the planning jurisdiction.
6. Not create excessive additional public cost for public facilities and services, and will not be detrimental to the economic welfare of the community.
7. Be served adequately by essential public facilities and services including highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. The applicant may be required, as a condition of approval, to mitigate any deficient public service.
8. Not involve uses, activities, processes, materials, equipment or conditions of operation that will cause unreasonable production of traffic, noise, smoke, fumes, glare, odors or other forms of pollution.
9. Have vehicular approaches to the property so designed as not to create a detrimental interference with traffic on surrounding public or private thoroughfares, or adversely affect the pedestrian environment.
10. Not result in the destruction, loss or damage of an important natural, scenic or historic feature.
11. Be on a site of sufficient size to accommodate the proposed use, including the yards, open spaces, snow storage, walls, fences, parking areas, loading zones and design standards applicable.
12. Have a minimal negative economic impact on the neighborhood or surrounding community. (Ord. 864, 2-12-2009)
(C) Required Conditions: The commission may, after review of the application for a conditional use permit and public hearing, require the applicant to meet any specific conditions of approval deemed necessary by the commission to protect the health, safety, general welfare and environment of the community. Such conditions are not limited to, but may include:
1. Limitations on the hours of operation of the use;
2. Limitations on the length of time that the conditional use permit may be exercised before it will expire by its own terms;
3. Additional landscaping and building beautification;
4. Additional or reduced off street parking or transportation improvements; and/or
5. Execution of a written agreement respecting construction of necessary improvements similar in form and content to a subdivision agreement, with its performance secured in the same fashion as performance of a subdivision agreement.
(D) Imposing More Restrictive Standards: Upon recommending approval of a conditional use permit, the commission may impose more restrictive standards than those generally required. (Ord. 821, 2-23-2006, eff. 3-16-2006)