(A) Permitted uses. Conditional use permits may be issued for any of the following:
(1) Any of the uses or purposes for which the permits are required or permitted by this chapter;
(2) Public utility or public service uses or public building in any district when found to be necessary for the public health, safety, convenience or welfare;
(3) To classify as a conforming use any institutional use existing in any district at the time of the establishment of a district; or
(4) To permit any of the following uses in a district from which they are excluded by other provisions of this chapter: library; community center; church; hospital; fairgrounds; an institution of an educational, philanthropic or charitable nature; cemetery, mausoleum or any other place for the disposal of the human dead.
(B) Application.
(1) Application for a conditional use permit shall be made to the Planning Commission.
(2) Any proceedings to classify certain uses as conforming uses as provided in this section may be initiated either by application or by the City Council or the Planning Commission.
(3) The Planning Commission may hold hearings on the proposal to issue a conditional use permit as it considers necessary; but, at least 1 public hearing shall be held on any application for a use permit which would establish a use listed in division (A)(4) above.
(4) The Planning Commission shall report to the City Council upon any application for a conditional permit and shall recommend granting a permit unless it finds establishing, maintaining or conducting the use will be detrimental in either of the following ways:
(a) To the health, safety, morals, comfort, convenience or welfare of the persons residing or working in the neighborhood of the use; or
(b) To the public welfare or to property or improvements in the neighborhood.
(5) The Commission may designate conditions and require guarantees in granting use permits in the manner provided in § 152.46. Upon receiving the Planning Commissioner's report, the City Council may hold a public hearing and shall decide the proposal to grant the use permit.
(6) If the City Council finds that a detrimental condition described above exists, the City Council may grant the use permit and attach to the permit conditions and guarantees as described in § 152.46.
(C) Conformance. Any use permitted under the terms of a conditional uses permit shall be established and conducted in conformity with the terms of the permit and all related conditions.
(1987 Code, § 703.04)