§ 17.68

Certain uses of land, structures and buildings possess characteristics which, if not specifically regulated, could be detrimental to adjacent properties or to the general welfare of the city, yet should logically be located in certain zoned districts, or in the city without regard to zone district classification. Such uses would serve the general welfare and not be detrimental to adjacent properties if subject to conditions designed to minimize the adverse effects at specific sites. A conditional use permit, approved by the city council, is required for the location and operation of such uses. All uses subject to conditional use permits are identified in this title together with the zone or zones within which such permit is required.

(Ord. 595 § 7.02(A), 1982)

A conditional use permit application may be initiated by the city council or by the owners or the authorized agent of the owners of the parcels of property for which a conditional use is sought.

(Ord. 595 § 7.02(B), 1982)

Single-family residential units may be permitted in I-S or C-G zones with a conditional use permit using the procedures of this title with the additional provisions.

A.

The following findings must be made:

1.

The proposed dwelling is in character with the existing neighborhood;

2.

The proposed dwelling is in an area where adjacent land uses are residential;

3.

The proposed dwelling does not conflict with the permitted uses of the zone in regards to access and traffic generation.

B.

The conditions of approval shall include:

1.

A statement of the potential conflicts that may arise due to the issuance of the conditional use permit;

2.

A statement of nonliability for conflicts arising due to the conflict of uses in the zone.

C.

Conditional use permits may be issued to existing dwellings in the above zones to allow renovations under the above provisions.

(Ord. 690 § 2, 1992)

The application of an owner or his authorized agent for a conditional use permit shall be filed with the planning director and shall contain the following information:

A.

Name and address of applicant;

B.

Address and legal description of the property;

C.

A statement and maps, site plans, charts, diagrams, renderings and other data or exhibits which clearly define the use to be made of the property and its relationship to adjacent properties;

D.

Two maps showing all properties, public and private streets, alleys and pertinent easements within three hundred feet of the property described in the application;

E.

Such additional information as the planning director may require.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.02 (B), 1982)

17.68.040 - Fee.

A fee shall accompany the application for a conditional use permit in an amount established by resolution of the city council.

(Ord. 595 § 7.02(C), 1982)

17.68.050 - Review and recommendations of director.

The planning director shall review applications for conditional use permits and:

A.

Advise the city council when a hearing is required; and

B.

Prepare a report to the city council of his finding and recommendations.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.02(D), 1982)

17.68.060 - Hearing before council.

The city council shall schedule and hold one public hearing prior to making its decision and may, at its own discretion, continue the hearing or schedule and hold additional hearings. Hearings shall be set and notice given as prescribed in Section 17.74.010.

(Ord. 595 § 7.02(E), 1982)

17.68.070 - City council findings and action.

A.

Within thirty days following closure of the scheduled public hearing or hearings, the city council shall grant with appropriate conditions or deny the application.

B.

Before final approval of a conditional use permit, the council shall make the following findings:

That the proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located;

2.

That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(Ord. 595 § 7.02(F), 1982)

Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the permit.

(Ord. 595 § 7.02(G), 1982)

A conditional use legally established prior to the effective date of the ordinance codified in this title or prior to the effective date of subsequent amendments to the regulations or zone boundaries of this title shall be permitted to continue, provided that it is operated and maintained in accord with the conditions prescribed at the time of its establishment, if any.

(Ord. 595 § 7.02(H), 1982)

A conditional use permit granted pursuant to the provisions of this title shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application.

(Ord. 595 § 7.02(I), 1982)

A conditional use permit issued under the terms of this title shall lapse if no improvements to the real estate concerned have been made, and the holder of the permit shall not have utilized it within one year from the date upon which such permit shall have been granted unless by conditions of the permit a greater time is allowed.

(Ord. 595 § 7.02(J), 1982)

A conditional use permit may be suspended and subsequently revoked in accordance with procedures established in Chapter 17.74.

(Ord. 595 § 7.02(K), 1982)

Chapter 17.69 - NON-DISCRETIONARY PERMIT FOR LARGE FAMILY DAY CARE HOMES

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