Lincoln Municipal Code Ch. 18.56 Conditional Use Permits

Conditional use permits, revocable, conditional are valid for a term of four years. Conditional uses require special consideration because of their potentially negative external impacts on surrounding land uses. The consideration process for a conditional use permit shall result in the issuance of written findings to inform the planning commission decision. These findings are to be based on substantial evidence in view of the whole record. In order to grant a conditional use permit, the planning commission shall find that the establishment, maintenance or operation of the use, building or structure applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

(Ord. No. 1081B, § 5(5.1C), 8-27-2024; Ord. 807B § 8, 2006: Ord. 357B § 6.02.000, 1979)

The city council is aware that from time to time persons in possession of property desire to use property for purposes which are not specifically provided for in this title. In order to carry out the intent of this title and to promote the general welfare of the community, the city council authorizes the planning commission to grant conditional use permits for uses which are not provided for in the district, subject to the following:

(1) A finding by the planning commission that the use is substantially similar in character to a use or uses currently within the district;

(2) A finding by the planning commission that the use would be appropriate in the district applicable to the property as a permitted or conditional use;

(3) A finding by the planning commission that the proposed use, with the appropriate conditions, will not be detrimental to the health, safety, peace and morals, comfort and general welfare of persons residing or working in the neighborhood or injurious to property and improvements in the neighborhood or to the general welfare of the city;

(4) A finding that at least one of the findings in Section 15.32.250 of the municipal code is satisfied.

(Ord. No. 1088B, § 10, 6-10-2025; Ord. No. 913B, § 5(Exh. C), 6-28-2016; Ord. 357B § 6.02.010, 1979)

A conditional use permit, not activated, is valid for a term of four years. When acted upon, a conditional use permit that is granted shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with Section 18.54.070. All applicable conditions of approval shall continue to apply after a change in property ownership.

(Ord. No. 1081B, § 5(5.1D), 8-27-2024)