§ 155.085 AUTHORIZATION TO GRANT OR DENY CONDITIONAL USE.
   A conditional use listed in this chapter shall be permitted, altered, or denied in accordance with the standards and procedures of this section. In the case of a use existing prior to the effective date of this chapter and classified in this chapter as a conditional use, a change in the use or in the lot area, or an alteration of structure shall conform with the requirements for conditional use. In judging whether or not a conditional use proposal shall be approved or denied the Planning Commission shall weigh its appropriateness and desirability or the public convenience or necessity to be served against any adverse conditions that would result from authorizing the particular development at the location proposed and, in order to approve such use, shall find that the following criteria are met, can be met by observance of conditions, or are not applicable:
   (A)   The proposal will be consistent with the comprehensive plan and the objectives of this chapter and other applicable policies of the city;
   (B)   The location, size, design, and operating characteristics under the proposal will have minimal adverse impact on the livability, value, or appropriate development of abutting properties and the surrounding area;
   (C)   The location and design of the site and structures of the proposal will be as attractive as the nature of the use and its setting warrant;
   (D)   The proposal will preserve environmental assets of particular interest to the community; and
   (E)   The applicant has a bona fide intent and capability to develop and use the land as proposed and has no inappropriate purpose for submitting the proposal, such as to artificially alter property values for speculative purposes.
(Ord. 337, passed 6-11-1979)