A. Purpose: The purpose of conditional use permits is to allow for those uses which are not generally suitable within the zoning district, but which under some circumstances may be suitable. The applicant for a CUP shall have the burden of proof that the use is suitable and that the standards set forth in this chapter have been met.
B. Application, Public Hearing, Notice And Procedure: The application, public hearing, notice and procedure requirements for CUPs shall be the same as those for amendments to this title, as identified in section 11-10-11 of this chapter. CUPs may be granted only by a four-fifths (4/5) vote of the entire council. Specific submissions required to complete an application for a CUP shall address all standards applicable to the proposed use. The applicant shall provide information as required in the site plan review.
C. Standards: The commission shall recommend a CUP and the council may issue such CUP if it finds that such use at the proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city.
2. Will be harmonious with the objectives of the comprehensive plan and city code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood.
4. Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools.
5. Will not involve uses, activities, processes, material equipment and conditions of operation that will be hazardous or detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards.
8. These standards apply in addition to specific conditions as may be applied throughout this code.
D. Conditions: In reviewing applications for CUPs, the commission and the council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan and city code provisions. Such conditions may include, but are not limited to, the following:
1. Controlling the number, area, bulk, height, density, intensity, and location of such uses.
2. Regulating ingress and egress to the property and the proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.
3. Regulating off street parking and loading areas where required.
4. Specifying utilities with reference to location availability and compatibility.
5. Requiring berming, fencing, screening, landscaping or other facilities to protect nearby property.
6. Ensuring compatibility of appearance.
In determining such conditions, special consideration shall be given to protecting immediately adjacent properties from objectionable views, noise, traffic and other negative characteristics associated with such uses.
E. Revocation: Failure to comply with any condition set forth in a CUP, or any other violation of city code provisions, shall also constitute sufficient cause for the termination of the CUP by the council following a public hearing.
F. Expiration: In any case where a conditional use has not been established within one year of the date on which the CUP was granted, the permit shall be null and void. If the conditional use is discontinued for six (6) months, the CUP shall be null and void.
G. Permittee: A CUP shall be issued for a particular use and not for a particular person. (Ord. B-96, 12-2-1997)