The City Council is empowered to grant a special development permit for a conditional land use in all cases if the below requirements are met. The Planning Commission shall have advisory power to the Council and the Council shall act on the conditional use request as if it were an ordinance change (see § 155.223). Other uses which require a permit are identified on the table, SCHEDULE OF USE REGULATIONS. (See Appendix E following this chapter.)
(A) Procedure. The requests for permit for a conditional use shall be filed with the Administrator on an official application form and shall be accompanied by the required fee and detailed written and graphic materials fully explaining the proposed development (see § 155.162(A)). A hearing shall be conducted by the Commission as provided in § 155.164. Before acting on the request, the City Council shall receive a report and recommendation from the Planning Commission. The Council shall make the final decision upon each proposal to grant a permit.
(B) Conditions. The Commission shall consider possible adverse effects of the proposed conditioned use and what additional requirements may be necessary to reduce such adverse effects, (see § 155.167(B)). The Commission may recommend that the permit be denied. The Council may then accept, reject, or modify the Commission's recommendation.
(C) Issuance and safeguards. The permit for a conditional use shall amend the development permit and shall be attached thereto. In granting any conditional use the Council may prescribe appropriate conditions and safeguards in conformity with this title. The Commission may request that the city be provided with a surety bond, cash escrow, certificate of deposit, securities, or cash deposit prior to issuance of the conditional use permit. Said security shall be used to guarantee compliance with the conditions of the permit and shall be returned to the developer when an occupancy permit is issued.
(D) Certain existing uses. All existing commercial uses may be allowed as a conditional use in any commercial or industrial district. An existing industrial use may be allowed as a conditional use in the B-3 District and any industrial district when the applicant can demonstrate to the satisfaction of the Commission that the use will be harmonious with other uses subject to this section.
(E) Specific development standards. Permitted and conditional uses identified in Appendix J: Specific Development Standards shall be subject to the specific development standards listed therein.
('69 Code, § 7-26.02) (Am. Ord. 1102, passed 12-12-16; Am. Ord. 1125, passed 11-13-18)