(A) Conditional use permits. Conditional use permits may be issued for any of the following:
(1) Any of the uses or purposes for which such permits are required or permitted by the provisions of this chapter;
(2) Public utility or public service uses or public building in a 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 such district; or
(4) To permit the location of any of the following uses in a district from which they are excluded by the provisions of this chapter: library; community center; church; hospital; fairgrounds; any institution of any educational, philanthropic or charitable nature; cemetery; mausoleum; or any other place for the disposal of the human dead.
(B) Application.
(1) Application for the issuance of a conditional use permit shall be made to the Planning Commission. Any proceedings to classify certain uses as conforming uses as provided in this section may be initiated either by application or by the Council or by the Planning Commission. The Planning Commission may hold such hearings on the proposal to issue a conditional use permit as it may consider necessary; but at least one public hearing shall be held on any application for a use permit for the establishment of any use listed in division (A)(4) above.
(2) The Planning Commission shall make a report to the Council upon any application for conditional permit and shall recommend to the Council whatever action it deems advisable; but it shall not recommend the granting of a permit unless it finds that the establishment, maintenance, or conducting of the use for which a use permit is sought will not under the circumstances of the particular use be detrimental:
(a) To the health, safety, morals, comfort, convenience, or welfare of the persons residing or working in the neighborhood of such use;
(b) To the public welfare or injurious to property or improvements in the neighborhood; or
(c) It may designate conditions and require guarantees in the granting of use permits in the manner provided in § 152.09 for the granting of adjustments. Upon receipt of the report of the Planning Commission, the Council may hold whatever public hearings it deems advisable and shall make a decision upon the proposal to grant a use permit. If the Council finds that the conditions exist which are necessary under this section before the Planning Commission may recommend the granting of a use permit, the Council may grant the use permit and it may attach to the permit such conditions and guarantees as are provided for in § 152.09 for the granting of adjustments.
(C) Conformance. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of such permit and of any conditions designated in connection therewith.
(2006 Code, § 11.40) (Ord. 130, passed 12-24-1971) Penalty, see § 152.99