Laserfiche WebLink
<br />127 <br /> <br />(a) Any use specifically listed as a Conditional Use in the regulations applicable to the <br />district in which it is to be located or otherwise stated in this Chapter to be a conditional use; <br /> <br />(b) Any use which is the same or similar, and consistent with, a conditional use specified <br />in the use district, the Planning Commission may consider and allow such conditional use. <br /> <br />(2) A Conditional Use Permit shall be granted only if evidence is presented to establish: <br /> <br />(a) That the proposed building or use at the particular location requested is necessary or <br />desirable to provide a service or a facility which is in the interest of the public convenience and will <br />contribute to the general welfare of the neighborhood or city; <br /> <br />(b) That the proposed building or use will not have a substantial or undue adverse effect <br />upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other <br />matters affecting the public health, safety and general welfare; and <br /> <br />(c) That the proposed building or use will be designed, arranged and operated so as to <br />permit the development and use of neighboring property in accordance with the applicable district <br />regulations. <br /> <br />(3) The Council may impose such conditions upon the premises benefited by a conditional <br />use as may be necessary to prevent or minimize injurious effects therefrom upon other property in the <br />neighborhood. Violation of such conditions and safeguards shall be a violation of this Chapter. <br /> <br />(C) Procedure. <br /> <br />(1) An application for a Conditional Use Permit shall be submitted in triplicate to the Zoning <br />Administrator. The Planning Commission or the Council may require any additional information they <br />deem necessary before a hearing is held. In the Flood Plain Districts, the application shall also follow <br />the requirements of Chapter 155, Flood Damage Prevention. <br /> <br />(2) A public hearing shall be set, noticed and conducted by the Planning Commission in <br />accordance with this Chapter. The Commissioner of Natural Resources shall be given at least ten days' <br />notice of hearing of all applications for conditional uses in the Flood Plain Districts. <br /> <br />(3) Within 30 days after the conclusion of the public hearing, the Planning Commission shall <br />transmit to the Council a written report containing its recommendations concerning the proposed <br />conditional use. Such report shall be accompanied by fmdings of fact specifying the reasons for the <br />recommendation. In considering conditional use applications in the Flood Plain Districts, the Planning <br />Commission shall consider all requirements of this Chapter together with Chapter 155, Flood Damage <br />Prevention. <br /> <br />(4) The Council shall, within 30 days of the receipt of the report of the Planning Commission, <br />grant or deny the conditional use or refer the matter back to the Planning Commission for further <br /> <br />127 <br />