Chapter 21.110 — CONDITIONAL USE PERMIT

(a) The city recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through the imposition of development and use conditions, can be made compatible with surrounding uses. The conditional use permit is provided for this purpose.

(b) To ensure compatibility with zoning regulations and surrounding properties, conditional uses require special consideration. The planning commission is empowered to grant and deny applications for conditional use permits and to impose reasonable conditions upon the granting of such permit.

(c) Applications for conditional use permits may be submitted only for those uses specified as allowable

conditional uses in the applicable zone district. A conditional use permit is not a substitute for a change of zone or zoning ordinance text amendment.

(Ord. 612 Exhibit A (part), 2008).

Conditional use permit applications shall be processed in accordance with the standard quasi-judicial permit processing provisions of this article.

Figure 21.110.020 requires Adobe Acrobat Reader. Figure 21.110.020

Conditional use permits shall be granted only when the planning commission determines that the proposed use or activity complies with all of the following findings.

• (1) The use is one conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title;

• (2) The use will not impair the integrity and character of the zone in which it is to be located;

• (3) The subject site is physically suitable for the type of land use being proposed;

• (4) The use is compatible with any land uses presently on the subject property;

• (5) The use will be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located;

• (6) Adequate provisions for water, sanitation, and public utilities and services are available to ensure that the use will not be detrimental to public health and safety;

• (7) Adequate provisions for public access are available to serve the use;

• (8) The use is consistent with the general plan; and

• (9) The use will not be detrimental to the public interest, health, safety, convenience, or welfare.

• (Ord. 612 Exhibit A (part), 2008).

21.110.040 Conditions/guarantees .

The planning commission may impose conditions and/or require guarantees for the conditional use permit to ensure compliance with this section and other applicable provisions of this title, and to prevent adverse or detrimental impact to the surrounding neighborhood.

(Ord. 612 Exhibit A (part), 2008).

The designated approving authority may approve a condition specifying a term for which the conditional use permit is valid. The approval may be contingent upon the written acceptance and continued observance of specified conditions, including, but not limited to any of the following:

• (1) Substantial conformity to approved plans and drawings;

• (2) Guarantees as to compliance with the terms of approval;

• (3) Dedication of and improvement of streets and other public facilities;

• (4) Special yard, planting, fences or walls;

• (5) Limitations on signs; and

• (6) Limitations as to the time of day during which specified activities may be conducted.

• (Ord. 612 Exhibit A (part), 2008).

The final action on the conditional use permit by the planning commission shall constitute approval of the permit. Such permit shall only become valid after the designated ten-day appeal period has expired. (Ord. 612 Exhibit A (part), 2008).

Uses operating pursuant to an approved conditional use permit that are abandoned or otherwise determined to be idle for a period of one hundred eighty continuous days shall be automatically subject to permit revocation procedures pursuant to the provisions of this title.

(Ord. 612 Exhibit A (part), 2008).

Upon reasonable notice, the city may conduct an investigation to ensure that the permittee is maintaining the use as applied for and has not converted or modified the use.

(Ord. 612 Exhibit A (part), 2008).