(A) Zoning district regulations established elsewhere in this chapter specify that certain buildings, structures and uses of the land may be allowed as conditional uses in a given district subject to the provisions of this section and to the requirements set forth in district regulations. The city is empowered to grant and to deny applications for conditional uses and to impose reasonable conditions upon them.
(B) (1) Every conditional use issued shall be personal to the permittee and applicable only to the specific use and to the specific property for which it issued. However, upon issuance of an occupancy permit for the conditional use, signifying that all zoning and site development requirements imposed have been satisfied, the conditional use shall run with the land.
(2) The maintenance of special conditions imposed as well as compliance with other provisions of this chapter, shall be the responsibility of the property owner.
(C) The city shall consider not only the nature of the use and the special conditions influencing its location in the particular district, but also the proposed location of buildings, parking and other facilities within the site, the amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties.
(D) In order to approve a conditional use, the city must make a finding of fact that the establishment, maintenance or operation of the use of the building applied for will not be detrimental to the public health, safety, peace, convenience, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
(E) The city may designate such conditions as it deems necessary to secure the intent and purpose of this chapter and may require such guarantees and evidence that such conditions are being or will be complied with.
(Prior Code, § 12-11.02) (Ord. 747, passed - -1995)