1201.1 Conditional-use permit. A conditional-use permit shall be obtained for certain uses, which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions and located in specific locations within a zone, but shall not be allowed under the general conditions of the zone as stated in this code.

1202.1 Submittal. All conditional-use permit applications shall be submitted to the code official as provided in this code. All applications shall be accompanied by maps, drawings, statements or other documents in accordance with the provisions of Section 105 and 109. An appropriate fee shall be collected at the time of submittal as determined by the jurisdiction.

1203.1 Hearing and action. Prior to the approval, amending or denial of a conditional-use permit, a public hearing shall be held in accordance with the provisions of Section 109.1. Upon the completion of said public hearing, the commission or examiner shall render a decision within a time limit as required by law.

1204.1 Authorization. The hearing examiner on appeal, shall have the authority to impose conditions and safeguards as deemed necessary to protect and enhance the health, safety and welfare of the surrounding area. The authorization of a conditional-use permit shall not be made unless the evidence presented is such to establish:

1.     That such use will not, under the specific circumstances of the particular case, be detrimental to the health, safety or general welfare of the surrounding area and that the proposed use is necessary or desirable and provides a service or facility that contributes to the general well-being of the surrounding area.

2.     That such use will comply with the regulations and conditions specified in this code for such use.

3.     The planning commission or hearing examiner shall itemize, describe or justify, then have recorded and filed in writing, the conditions imposed on the use.

1205.1 General. A conditional-use permit shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished. When such permit is abandoned or discontinued for a period of 1 year, it shall not be reestablished, unless authorized by the planning commission, hearing examiner or legislative body on appeal.

A conditional-use permit shall be revoked when the applicant fails to comply with conditions imposed by the hearing examiner.

1206.1 General. An amendment to an approved conditional-use permit shall be submitted to the code official accompanied by supporting information. The planning commission or hearing examiner shall review the amendment and shall be permitted to grant, deny or amend such amendment and impose conditions deemed necessary.

1207.1 General. A request for a conditional use shall be permitted to be approved, approved with conditions or denied. Each request for a conditional use approval shall be consistent with the criteria listed below:

1.     The request is consistent with all applicable provisions of the comprehensive plan.

2.     The request shall not adversely affect adjacent properties.

3.     The request is compatible with the existing or allowable uses of adjacent properties.

4.     The request can demonstrate that adequate public facilities, including roads, drainage, potable water, sanitary sewer, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed.

5.     The request can demonstrate adequate provision for maintenance of the use and associated structures.

6.     The request has minimized, to the degree possible, adverse effects on the natural environment.

7.     The request will not create undue traffic congestion.

8.     The request will not adversely affect the public health, safety or welfare.

9.     The request conforms to all applicable provisions of this code.