A. Application: A CUP application shall be filed with the Planning and Development Services Department and include all fees outlined on the application.
B. Burden Of Proof: The burden of proof that the proposed conditional use complies with all criteria as listed below lies with the applicant. The applicant must prove their case with substantial and competent evidence.
C. Criteria For Review: The Planning and Zoning Commission shall review the facts and circumstances of each proposal in terms of the following standards and determine whether there is adequate evidence showing that the requested use at the proposed location:
1. Is conditionally permitted within the subject land use district and complies with all of the applicable provisions of this code unless modified through the CUP process;
2. Is consistent with the goals and policies of the comprehensive plan of the city;
3. Conditions may be placed resulting in the use being more compatible with existing and permitted land uses within the general area;
4. Could be adequately served by public facilities and services such as thoroughfares, transportation facilities, police and fire protection, drainage, refuse disposal, water/sewer and schools, to ensure that the proposed use would not be detrimental to public health, safety, and welfare;
5. Would not adversely affect the environment to a greater degree than had a use permitted outright by the ordinance been established;
6. Would not be detrimental to the public interests, health, safety, or welfare of the city in its proposed location, size, design, and operating characteristics.
D. Authority To Grant: The hearing body may approve, approve with conditions, or deny an application for a conditional use permit. The hearing body may impose any conditions necessary to accomplish the following:
1. The following items may be considered as part of an approved conditional use permit to help minimize potential adverse impacts on other developments and surrounding land use through the following:
a. Increased landscaping;
b. Screening and buffering;
c. Use of materials;
d. Colors to blend in with the use's surroundings;
e. Concealment requirements;
f. Increased setbacks beyond that required in the underlying zoning district;
g. Engineering reports including those consisting of noise, smoke, odor, vibration, or illumination;
h. Increased requirements for lighting and associated shielding;
i. Geological and environmental reports as needed;
2. Control the sequence and timing of development;
3. Control the duration of the construction period;
4. Require mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction;
5. Require that studies addressing demographic, economic, fiscal, traffic, engineering, geologic, and environmental concerns be conducted prior to granting approval. (Ord. 2979, 2016)