Uses that are allowed only if approved by a Conditional Use Permit by the City Council in accordance with the procedures in
Section 4-5-53. Conditional Uses are subject to all other applicable regulations of this chapter, including the additional listed standards contained in
Section 4-5-53, as below:
Conditional use standards.
(1) A Conditional Use Permit is intended to provide some flexibility to traditional zoning by offering a mechanism to balance specific site constraints and development plans with the larger interest of the community and the integrity of the Zoning Ordinance. The Permit, if granted, may include conditions placed upon the development of the property. The Planning and Zoning Commission and City Council shall consider the following, at a minimum, in conjunction with its deliberations for approval or denial of the application and the establishment of conditions:
(a) Consistency with the Future Land Use Plan.
(b) Conformance with applicable regulations in this chapter and standards established by the regulations.
(c) Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk, scale, setbacks and open spaces, landscaping and site development, and access and circulation features.
(d) Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent that such impacts exceed those which reasonably may result from use of the site by a permitted use.
(e) Modifications to the site plan which would result in increased compatibility or would mitigate potentially unfavorable impacts or would be necessary to conform to applicable regulations and standards and to protect the public health, safety, morals and general welfare.
(f) Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use.
(g) Protection of persons and property from erosion, flood or water damage, fire, noise, glare and similar hazards of impacts.
(h) Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties.
(i) Adequacy and convenience of off-street parking and loading facilities.
(2) The Planning and Zoning Commission, in recommending favorably upon an application for conditional use, must make all of the following findings of fact:
(a) The proposed use is in accord with the objectives of these regulations and the purposes of the district in which the site is located.
(b) That the proposed use will comply with each of the applicable provisions of these regulations.
(c) That the proposed use and site development, together with any modifications applicable thereto, will be completely compatible with existing or permitted uses in the vicinity.
(d) That the conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses and ensure compatibility with existing or permitted uses in the same district and the surrounding area, and that the prescribed zoning standards do not provide enough mitigation of the impacts identified, thus warranting stricter standards, if so recommended.
(e) The Commission has given due consideration to all technical information supplied by the applicant.
(f) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.
