A conditional use is development which would
not generally be appropriate within a district but might be allowed
in certain locations within the district if specific requirements
are met. The compatibility must be judged on the basis of the particular
circumstances and may require the imposing of conditions before development
or occupancy is permitted. The intent is to allow a reasonable degree
of discretion in determining the suitability of a particular development
at a specific location.
[Amended 10-10-2006 by Ord. No. A-361]
The Commission is empowered to recommend a development
permit for a conditional use if the following requirements are met.
Uses which require such a permit are identified in the district regulations.
A. Procedure. The requests for a 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. A
public hearing shall be conducted by the Commission.
B. Notice. Notice of the hearing shall be given by a
Class 1 legal notice. The Zoning Administrator shall also send written
notice of such hearing to the owners of record of all lands situated
wholly or partly within 200 feet of the perimeter of the subject property.
Such notice shall be sent by regular mail at least 10 days before
the date of the public hearing.
C. Conditions. The Commission shall consider possible
adverse effects of the proposed conditional use and what additional
requirements may be necessary to reduce such adverse effects. The
Commission may recommend denial of the request.
D. Issuance and safeguards. The permit for a conditional
use shall amend the development permit and shall be attached thereto.
In recommending any conditional use, the Commission may prescribe
appropriate conditions and safeguards in conformity with this chapter.
The Commission may request that the City be provided with either a
surety bond, cash escrow, certificate of deposit, securities, or cash
deposit prior to issuance of the conditional permit. The security
shall be used to guarantee compliance with the conditions of the permit
and shall be returned to the developer when a certificate of occupancy
is issued.