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(a) In General. Conditional use permits shall be required for certain types of main uses, as defined in Section 1268.02, generally a publicly operated use or a facility which affects the public interest. Such use may be permitted and desirable in certain districts, but not without consideration in each case of the effect of the use upon neighboring land and the public need for the particular use at the particular location. The application of the planning standards for determining the location and extent of such use is a planning function and not in the nature of a variance or appeal.
Enumerated throughout this Zoning Code are certain uses and the districts in which conditional uses may be permitted, provided the following standards are fulfilled and a conditional use permit is granted by the Planning Commission and approved by Council.
(b) Action on Applications. An application for a conditional use permit received from the proponent shall be submitted by the Building Commissioner to the Planning Commission. The Planning Commission shall hold a hearing thereon, notice of which shall be published in a newspaper of general circulation, or mailed to the owners of the property contiguous to and across the street from, or within 500 feet of, the parcel for which a conditional use permit is requested whichever is the most inclusive) at least fifteen days before the hearing. The Planning Commission shall take action upon such application within sixty days from the date of the public hearing on such application, unless a longer time is allowed by Council. Failure to act within such period shall be deemed approval. Before a conditional use permit may become effective, it must also be confirmed by City Council.
(c) Conditions and standards. An application for a conditional use permit shall not be approved unless the following conditions and standards are complied with as set forth for the following districts:
(1) Residential Districts.
A. That the proposed use is properly located in relation to any adopted land use or street plan, particularly as to the collector and local street systems and pedestrian circulation;
B. That when located on a local street the proposed use will generate the least possible traffic through a residential neighborhood;
C. That the proposed use is necessary to serve the surrounding residential areas which cannot be served satisfactorily if the same use if located in a nearby less restrictive district where it may be permitted by right;
D. That the location, design and operation of such use will not discourage the appropriate development or impair the value of the surrounding residential district; and
E. That for temporary structures every conditional use permit shall be reviewed every six months and may be renewed only while the construction operations are pursued diligently.
(2) Business, Research, Service and Industrial Districts.
A. That the proposed use is necessary to serve community needs and that existing similar facilities located in a less restrictive or more remote district, in which the use may be permitted by right, are inadequate;
B. That the proposed use is not closer than applicable regulations indicate in the particular situation to schools, churches and other places of assembly;
C. That the location, extent and intensity of the proposed use shall be such that its operation will not be more objectionable to nearby dwellings, by reason of noise, smoke, dust, odors, fumes, vibrations or glare, than is normal or is permitted by the performance standards of the district;
D. That the proposed use will form a harmonious part of the Business, Research, Service or Industrial District, taking into account, among other things, convenience of access and the relationship of one use to another;
E. That the proposed use will be permitted in a district that is more restrictive than one in which it is permitted by right, only because of its limited extent, modern equipment and processes; and
F. That the hours of operation and concentration of vehicles in connection with the proposed use will not be more hazardous or dangerous than the normal traffic of the district.
(3) Safeguards and conditions. In addition to complying with the general standards set forth in paragraphs (c)(1) and (2) hereof, conditions appropriate to each particular application may also be set forth in the permit.
(4) Effective period. The approval of a conditional use permit shall become null and void if substantial construction of the building or site improvement is not started within a one-year period after the date of approval. The Planning Commission may grant an extension of time beyond this one-year period if further project approval or extensions have been granted and the applicant has pursued all necessary avenues to initiate construction of the project.
(Ord. 1970-232. Passed 9-15-71; Ord. 1979-100. Passed 6-20-79; Ord. 94-86. Passed 5-17-94; Ord. 95-175. Passed 11-21-95; Ord. 97-182. Passed 1-6-98.)