(a)   Purpose. It is the purpose of this section to maintain uniformity in zoning districts but provide for certain uses in an area which is economically feasible and still compatible with neighboring properties within the corporation limits, thus there are established conditional use permits.
   (b)   Existing Conditional, Special or Contingent Uses. Where a use is classified as a conditional use under this Planning and Zoning Code, and existed as a permitted, conditional, special or contingent use on or before the effective date of this Planning and Zoning Code, it shall be considered a lawful conditional use subject to the following:
      (1)   A conditional use, special use or contingent use authorized prior to the adoption of this Planning and Zoning Code may continue to exist under its current terms and status, subject to the provisions of this Planning and Zoning Code.
      (2)   Existing conditional, special or contingent uses may be expanded or extended only after applying for and obtaining an amended conditional use permit.
   (c)   Application for a Conditional Use Permit. An application for a conditional use permit shall be filed with the Zoning Administrator on a form utilized by the Planning Commission. Such application shall be filed by those persons identified in Section 1141.01(c)(1). The application shall be accompanied by plans and written data that will provide adequate evidence that the proposed use will conform to the standards of the appropriate sections of this Planning and Zoning Code.
   (d)   Hearing on Application for Conditional Use Permit. On receipt of an application for a conditional use permit, the Planning Commission shall hold a public hearing on such application at such time and place as shall be established by the Chairman of the Planning Commission and after proper notice. In addition to any other notice requirement under this chapter, the notice requirement as found in Section 1121.03 shall apply as though you were rezoning or redistricting ten parcels or less. The failure of delivery of such notice shall not invalidate any conditional use permit.
   (e)   Findings of Fact and Recommendations of the Planning Commission. The Planning Commission Chairman shall cause to be made written findings of fact and shall submit the same together with the Planning Commission's recommendations to the Council after the close of the hearing regarding issuance of a conditional use. Any member of the Planning Commission dissenting from the majority opinion may make his or her own dissention known in writing, to be furnished to Council as part of the record. No conditional use shall be recommended by the Planning Commission unless the Planning Commission finds that the criteria found in subsection (e), paragraphs 1 through 8, as deemed applicable by the Planning Commission, are satisfied.
      (1)   The proposed use is in fact a use subject to the issuance of a conditional use permit as established under the provisions of this Planning and Zoning Code, and that the use is not otherwise expressly prohibited by this Planning and Zoning Code;
      (2)   The use will be harmonious with and in accordance with the general objectives, or with any specific objective of the City's Master Plan and this Planning and Zoning Code;
      (3)   The use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that the use will not change the essential character of the same area;
      (4)   The use will not be hazardous or disturbing to existing or future neighboring uses;
      (5)   The use will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use will be able to provide adequately any such services;
      (6)   The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
      (7)   The use will not involve uses, activities, process, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes or odors; and,
      (8)   The use will have vehicular approaches to the property which shall be so designated as not to create an interference with traffic on surrounding public thoroughfares.
   (f)   Conditions. The Planning Commission may recommend such conditions or restrictions on the construction, location, use, and operation of a conditional use as shall be deemed necessary to adequately address the general objectives of the Master Plan and this Planning and Zoning Code after considering those things, as applicable, as listed in subsection (e).
   (g)   Action by the Council. The Council shall not act on a proposed conditional use permit until it has received a written report and findings of fact and recommendation from the Planning Commission on the conditional use permit.
   (h)   Effect of Denial of a Conditional Use Permit. No application for a conditional use permit which has been denied by the Council shall be resubmitted to the Planning Commission for a period of one year from the date of such denial, except on the grounds of new evidence or proof of changing conditions which the Zoning Administrator finds valid. No permit shall be issued without following the procedure established in this Planning and Zoning Code.
(Ord. 074-10. Passed 12-20-10.)