The Planning Commission shall approve, approve with conditions or deny an application for a conditional use, including requests to enlarge or alter a conditional use, based on findings of fact with respect to all of the criteria and standards in divisions (A) through (C) below.
(A) Use criteria.
(1) The site size, dimensions, location, topography and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety and aesthetic considerations.
(2) The negative impacts of the proposed use, if any, on adjacent properties and on the public can be mitigated through application of other code standards or other reasonable conditions of approval.
(3) All required public facilities, including water, sanitary sewer and streets, have adequate capacity or are to be improved to serve the proposal, consistent with city standards.
(4) A conditional use permit shall not allow a use that is prohibited or not expressly allowed under §§ 153.020 through 153.023, 153.035 through 153.046, 153.060, 153.061, 153.075 through 153.079, 153.090 through 153.096, 153.110, 153.111, 153.125 and 153.126; nor shall a conditional use permit grant a variance without a variance application being reviewed with the conditional use application.
(B) Conditions of approval. The city may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, one or more of the following:
(1) Limiting the hours, days, place and/or manner of operation;
(2) Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust;
(3) Requiring larger setback areas, lot area and/or lot depth or width;
(4) Limiting the building or structure height, size, lot coverage and/or location on the site;
(5) Designating the size, number, location and/or design of vehicle access points or parking and loading areas;
(6) Requiring street right-of-way to be dedicated and street improvements made, or the installation of pathways or sidewalks, as applicable;
(7) Requiring landscaping, screening, drainage, water quality facilities and/or improvement of parking and loading areas;
(8) Limiting the number, size, location, height and/or lighting of signs;
(9) Limiting or setting standards for the location, type, design and/or intensity of outdoor lighting;
(10) Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;
(11) Requiring and designating the size, height, location and/or materials for fences;
(12) Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources and/or sensitive lands;
(13) Requiring improvements to water, sanitary sewer or storm drainage systems, in conformance with city standards; and
(14) The Planning Commission may require renewal of conditional use permits annually or in accordance with another timetable as approved pursuant to this subchapter. Where applicable, the timetable shall provide for periodic review and renewal, or expiration, of the conditional use permit to ensure compliance with conditions of approval; such period review may occur through an administrative or quasi-judicial land use review process.
(Ord. 1267, passed 1-3-2012)