Application for a conditional use permit shall be submitted to the Building Inspector on forms provided by the Inspector and shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures and the existing and proposed use of each structure and lot.
In all cases of proposed establishment of a conditional use specified in this chapter, the Planning Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and other aspects of the proposed use and make a recommendation to the Common Council as to the issuance of the permit. Actual approval or denial of conditional use is vested with the Common Council.
No permit for a conditional use shall be granted unless the Planning Commission shall find that the following conditions are present:
A. 
The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
B. 
The uses, values and enjoyment of other property in the neighborhood used for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use.
C. 
The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
D. 
Adequate utilities, access roads, drainage, and other necessary site improvements have been or are being provided.
E. 
Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion and traffic hazards in the public streets.
Prior to recommending the granting of a permit for a conditional use, the Planning Commission may stipulate such conditions and restrictions upon the establishment, maintenance and operation of the conditional use as it may find necessary to promote the public health, safety and general welfare of the community and to secure compliance with the standards specified in § 480-16 above. Establishment, maintenance and operation shall be construed to include, but shall not be limited to, such factors as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, operational control, hours of operation, traffic circulation, deed restrictions, access restrictions, and yard and parking requirements, insofar as the Planning Commission shall find that conditions applying to these factors are necessary to fulfill the purpose and intent of this chapter. In all cases in which a permit for conditional use is recommended to the Council, the Planning Commission shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. As a means of determining neighborhood opinion of the proposed conditional use, the Planning Commission may hold a public hearing on the matter.
Conditional uses shall comply with all other provisions of this chapter, such as lot width and area, yards, height, parking and loading.
No application for a conditional use which has been denied wholly or in part by the Common Council shall be resubmitted for a period of one year from the date of said denial, except on the grounds that substantial new evidence or proof of change to compliance with the applicable conditions is included in the resubmitted application.
Conditional use applications and renewals in the industrial zoned areas shall be referred to the Community Development Authority, which shall act in behalf of and have the same powers as the Planning Commission with respect to these matters.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Conditional uses issued for home occupations shall be subject to annual renewal. Renewal shall be automatic unless written complaints have been filed with the Planning Commission on the operation or maintenance of the conditional use. In this event the Planning Commission will reexamine the use, applying the standards per § 480-16 above. In the event that it is determined that the standards have been violated, the Planning Commission shall recommend to the Common Council that the permit be revoked or the operation of the conditional use modified so as not to be in violation of the standards.