05-17-2010 Planning Commission Packet

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, „ #10-3466 May 17,2010 . Page 2 of 4 following uses without a conditional use permit: . , (9) Commercial recreation subject to the provisions set forth in section 78-949. Sec. 78-949. Commercial recreation. A conditional use permit is required for commercial recreation uses. The council sha11 grant a conditional use permit only after the applicant demonstrates that public safety, health and welfare will not be negatively affected by the use, in particular the use will not create tr�c congestion, interfere with the operation of adjacent uses, and create an unreasonable demand for public safety services. If a commercial use is part of a multi-tenant building, any exterior alteration shall be compatible with the azchitectural style of the building. Such conditional use permit may include conditions to mitigate potential adverse effects on adjacent uses including but not limited to restricting the hours of operation and total floor area of the use. Sec. 78-911. Conditional Uses In order to give the district use regulation the flexibility necessary to achieve the objectives of this chapter, in certain districts, conditional uses are permitted, subject to the granting of a use permit. Conditional uses include those uses generally not suitable in a particular zoning district, but which may under some circumstances be suitable. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit, and a periodic review of the permit may be required. The permit shall be issued for a particular use and not for a particular person. Because of their unusual characteristics, conditional uses require consideration so they may be located properly with respect to the objectives of this chapter and the comprehensive municipal plan and with respect to their effects on surrounding properties. In order to achieve these purposes, the council is empowered to grant and to deny applications for conditional use permits and to impose reasonable conditions upon the granting of these permits. Sec. 78-916. Granting of permit. (a) The planning commission may recommend and the council may grant a conditional use permit as the use permit was applied for or in modified form, if on the basis of the application and the evidence submitted the city makes the following findings: (1) That the proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the district in which the site is located and the comprehensive municipal plan; (2) That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and