A. Authorized: The Planning Commission may, subject to the procedures and standards set forth in this chapter, grant, conditionally grant or deny an application for a conditional use permit for uses allowed by the chapter or article for the applicable zone. The purpose of a conditional use permit is to allow proper integration of uses into the community which may only be suitable in specific locations and which may have potentially detrimental characteristics if not properly designed, located and conditioned.
B. Standards: The following standards shall apply to any request for a conditional use permit:
1. A conditional use permit may be granted if the subject use will not be detrimental to the health, safety or general welfare of persons residing in the vicinity or injurious to property in the vicinity.
2. A proposed conditional use shall be detrimental to the health, safety or general welfare of persons residing in the vicinity or injurious to property in the vicinity, if:
a. The use will cause unreasonable risks to the safety of persons or property because of vehicular traffic or parking, large gatherings of people, or other causes;
b. The use will unreasonably interfere with the lawful use of surrounding property;
c. The use will create a need for essential City services which cannot be reasonably met;
d. The use will in any other way be injurious to property in the vicinity. (Ord. 2000-23, 7-18-2000)
3. A change in the market value of real estate shall not be a basis for the approval or denial of a proposed conditional use. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)
4. If a part of a proposed conditional use is found to be contrary to the standards described in this section, the applicant shall propose curative measures to achieve the standards described in this section.
C. Application For Permit: Application for a conditional use permit shall be made on a form authorized by the Planning Commission, and shall be filed with the Community Development Department and accompanied by the following:
1. Plats, plans or drawings drawn to scale showing the location and dimensions of buildings, streets and other improvements on or near the subject property which may be affected by the proposed use and showing the nature and extent of those effects. (Ord. 2000-23, 7-18-2000)
2. A filing fee as established by chapter 4 of this title. (Ord. 2000-23, 7-18-2000; amd. Ord. 2004-19, 8-17-2004)
D. Public Hearing: Prior to granting a conditional use permit and after receipt of reports and recommendations, the Planning Commission shall hold a public hearing in accordance with the provisions of section 10-2-1 of this chapter.
E. Conditions May Be Imposed: The Planning Commission may impose conditions on the issuance of a conditional use permit, including, limitations on the size or shape of buildings; the dedication, relocation or development of streets; installation and up sizing of utility mains; screening or landscaping to protect adjacent properties; the elimination or relocation of windows or doors to protect the public and adjacent property from the detrimental features of the proposed use; or the requirement of additional parking; or other changes. The Planning Commission may require that the applicant prepare and record covenants running with the land which under the conditions are binding upon the applicants and their successors. No building permit shall be issued until any required conditional use permit has been obtained.
F. Unlawful Uses: Any use contrary to the conditional use permit or any use prior to obtaining such a permit when one is required under this title or any use inconsistent with the conditional use permit after it has been issued is unlawful and may be enjoined by the City. (Ord. 2000-23, 7-18-2000)
G. Appeals: Any appeals to the decision of the Planning Commission regarding the issuance or denial of a conditional use permit shall be heard by the Hearings Officer as outlined in section 10-2-5 of this chapter. (Ord. 2017-29, 5-16-2017)
H. Enforcement: The Community Development Department will issue, maintain and monitor for compliance all conditional use permits. (Ord. 2000-23, 7-18-2000)