Division 6 — CONDITIONAL USE PERMIT

(a)

The conditional use permit is intended for those types of land uses that require special consideration in a particular zone or in the city as a whole because:

(1)

The size of the area needed for full development of such use;

(2)

The unusual traffic, noise, vibration, smoke or other problems incidental to its operation;

(3)

Special locational requirements not related to zoning;

(4)

The effect that such uses may have on property values, health, safety, and welfare in the neighborhood or in the community or;

(5)

The approximate location of the land use is indicated on the general plan, but the exact location and arrangement of said use must be carefully studied.

(b)

In granting the permit, certain safeguards to protect the health, safety, and general welfare may be required as conditions of approval.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Uses permitted subject to conditional use permit.

(1)

Uses listed in the zones as subject to a conditional use permit in article II may be permitted in said zones subject to the provisions of this division. The planning commission shall review and approve, conditionally approve or disapprove the use. Except as hereafter provided, the action by the commission shall be final unless appealed to the city council. All conditional use permits, specified in this chapter as requiring approval by the council, shall first be subject to a public hearing and recommendation by the planning commission.

(2)

The following uses may be permitted pursuant to this section in any zone except where expressly prohibited, when such uses are considered by the planning commission and deemed by the council to be essential or desirable for the public welfare and convenience and in conformity with the general plan and its objectives. Final action on the following uses shall be taken by the council following a public hearing as set forth herein:

a.

Airport and heliports.

b.

Cemeteries, columbariums, crematories, mausoleums.

c.

Hospitals and sanitariums.

d.

Public utility structures and installations.

e.

Radio or television transmitters.

(3)

A conditional use permit may be granted by the city council after hearing and recommendation by the planning commission, for temporary structures within planned rights-of-way when the property owner applying for such permit signs an agreement with the city to remove any such temporary building or structure at his own expense whenever so requested by the city.

(4)

Where this chapter permits the following uses by conditional use permit, the planning commission shall review and recommend final action by the city council, following public hearing by both bodies pursuant to this division:

a.

Buildings or structures with heights greater than permitted by the zone.

b.

A density bonus pursuant to article IV, division 4 of this chapter.

c.

Manufactured home parks.

d.

Planned unit developments.

e.

Recreational vehicle parks.

f.

Clustered single-family development within the RAP zone may achieve the maximum density permitted in the R1 zone so long as the average density within the portion(s) of the site designated "extended approach/departure zone" does not exceed one (1) dwelling unit per net acre.

g.

Uses in the civic center zone which require a conditional use permit pursuant to section 29-75.

(b)

Procedure. Where required by this chapter, conditional use permit application review is to be conducted by the planning commission and/or city council following the community development director's review and report of findings to the commission. The planning commission forwards recommendations to the city council when final authority is vested with the council by this division. Final authority is vested with the commission when council authority is not required. Figure 29-320.1 illustrates the conditional use permit process described below:

(1)

Application. Application for a conditional use permit shall be filed by the owner of the property for which the permit is sought, or by the lessee having a leasehold interest of not less than five (5) years exclusive of an option to renew, or by the agent of any of the foregoing duly authorized in writing. Applications shall be made to the planning commission on forms furnished by the community development department and shall be complete and notarized. In addition, a site plan as described in division 4 of this article and elevations of the proposed development shall be submitted as part of the application.

(2)

Filing fee. When the application for a conditional use permit is filed, a fee as established by the city council shall be paid, for the purpose of defraying the costs incidental to the proceedings.

(3)

Staff investigation. The community development director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this chapter and the general plan; and shall report their findings to the commission. The director shall also evaluate the application for compliance with state environmental laws.

(4)

Planning commission hearing.

a.

Public hearing required. Upon receipt of the report of the community development director, the planning commission shall hold a public hearing on the proposal.

b.

Notice. Notice of a hearing shall be given in accordance with division 2 of this article.

c.

Commission action. The commission may approve, approve with conditions or disapprove the application. The decision shall set forth the findings of the commission. Any decision of the commission on a conditional use permit may be appealed to the council in accordance with division 10 of this article. In the absence of such appeal, the decision of the commission shall be final.

(5)

Procedures for special uses requiring final council action. The following procedures shall apply to the special uses listed in section 29-320(a)(2) and (4) as requiring final action by the city council:

a.

Timing. The hearing date shall be set by the city clerk for not more than thirty (30) days after the filing of the planning commission's recommendation with the city council.

b.

Notice. Notice of a hearing shall be given in accordance with division 2 of this article.

c.

Decision. Following the public hearing, the council shall approve, approve with stated conditions, or disapprove, the conditional use permit application by resolution, setting forth the findings. The council may establish a time limit for development, as provided herein. In modifying or reversing a commission recommendation, the affirmative votes of not less than three (3) members of the council shall be required on each item so acted upon. The decision of the city council shall be final. In addition to those special uses requiring final action by the council, any decision of the commission may be appealed to the council in accordance with division 10 of this article. In the absence of such appeal or required council hearing, the decision of the commission shall be final.

of the council shall be required on each item so acted upon. The decision of the city council shall be final. In addition to those special uses requiring final action by the council, any decision of the commission may be appealed to the council in accordance with division 10 of this article. In the absence of such appeal or required council hearing, the decision of the commission shall be final.

d.

Notification of decision.Notification of the council action shall be mailed to the applicant at the address shown on the application.

(6)

Reapplication. No person shall reapply for a similar conditional use permit on the same land, building, or structure within a period of one (1) year from the date of the final decision on such previous application unless such decision is a denial without prejudice.

(c)

Findings and conditions for granting a conditional use permit. The planning commission, in approving a conditional use permit or recommending approval to the city council, shall find as follows:

(1)

The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this chapter.

(2)

Said use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or uses specifically permitted in the zone in which the proposed use is to be located.

(3)

The site for the intended use is adequate in size and shape to accommodate said use, and all yards, setbacks, walls or fences, landscaping and other features are required in order to adjust said use to those existing or permitted future uses on land in the neighborhood.

(4)

The site for the proposed use relates properly to streets and highways which are designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use.

(5)

The conditions stated in the decision and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include but are not limited to the following:

a.

Duration of use.

b.

Fences and walls.

c.

Regulation of use.

d.

Regulation of noise, vibration, odors, and air pollution.

e.

Regulation of points of vehicular ingress and egress.

f.

Regulation of time for certain activities.

g.

Requiring street, service road or alley dedications and improvements or appropriate bonds.

h.

Requiring landscaping and maintenance thereof.

i.

Requiring maintenance of the grounds.

j.

Special yards, spaces and buffers.

k.

Surfacing of parking areas subject to city specifications.

l.

Time period within which the proposed use shall be developed.

m.

Any such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter.

Figure 29-320.1 Conditional Use Permit Procedure

==> picture [421 x 511] intentionally omitted <==

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Revisions. Revisions to a site plan approved as part of a conditional use permit shall be governed by the following:

(1)

Minor revisions. Minor revisions to a site plan approved as part of a conditional use permit may be made after review and approval by the community development director pursuant to the site plan review procedure. Minor revisions are hereby defined as revisions which in no way violate the intent or any of the standards or conditions of the permit or of the zone.

(2)

Other revisions. Revisions other than minor revisions, as defined above, shall be made pursuant to the regular conditional use permit procedure set forth in this section.

(3)

Revised site plan. All copies of the approved revised site plan shall be dated and signed by the community development director and made a part of the record of the subject conditional use permit. One (1) copy of said approved revised site plan shall be provided to the applicant.

(b)

Revocations or modifications. The council, with or without a recommendation from the commission, may after notice and public hearing, revoke or modify any conditional use permit as hereinafter provided.

(1)

Grounds for revocation or modification. A conditional use permit may be revoked or modified pursuant to the provisions of this section upon a finding of anyone or more of the following grounds:

a.

That such permit was obtained or extended by fraud.

b.

That one (1) or more of the conditions upon which such permit was granted have been violated.

c.

That the use for which the permit was granted is so conducted as to be detrimental to the public health, welfare, or safety, or as to be a nuisance.

(2)

Notice.

a.

Notice shall be mailed to the record owner or lessee of the subject property not less than twenty (20) days prior to giving public notice. Said notice shall state the complaint and shall request appearance by said owner or lessee at the time and place specified for the hearing to show cause as to why the permit should not be revoked or modified.

b.

Public notice shall be given in accordance with division 2 of this article.

(3)

Action by council. Within fifteen (15) days after the public hearing, the council shall by resolution revoke, modify, or reaffirm the conditional use permit. After revocation, the subject property shall conform to all regulations of the zone in which it is located.

(c)

Termination or abandonment of use. Termination or abandonment of a use granted herein, for a period of one (1) calendar year, shall terminate the use rights granted. No notice need be given nor hearing held for a use deemed by the community development director to have been terminated or abandoned.

(Ord. No. 24-03, § 2, 9-17-24)

Uses existing on the effective date of this chapter which are listed as permitted subject to conditional use permit may continue without securing such a permit; however, any extension or expansion of such use shall comply with the provisions of this chapter and this division. Any conditional use permit granted pursuant to any zoning ordinance enacted prior to the effective date of this chapter shall be construed to be a conditional use permit under this chapter, subject to all conditions imposed in such permit unless otherwise provided herein. Such permit may be revoked or modified as provided in this division.

(Ord. No. 24-03, § 2, 9-17-24)

Secs. 29-323—29-326. - Reserved.