(A) Purpose. The purpose of a Conditional Use Permit is to allow the city discretion in permitting certain uses in particular zoning districts that may be compatible with uses in the district or perceived public needs under certain circumstances. The use must comply with all standards of this chapter and any additional conditions imposed for specific instances to protect the public health, safety or welfare.
(B) Qualifications. Only the specific uses classified as conditional in the zoning district where the property is located may qualify for a Conditional Use Permit.
(C) Procedures. The procedures for application and public hearing of a Conditional Use Permit are described in § 152.031.
(D) Review Standards. The request may address the following factors, although the City Council, the Planning Commission, and city staff has the authority to request additional information from the applicant concerning operational factors pertaining to the proposed use or to retain experts with the consent and at the expense of the applicant concerning operational factors, when necessary to establish performance conditions to effect the intent of this chapter.
(1) Comprehensive Plan. Compliance with the Comprehensive Plan, public facilities and capital improvement plans, and all sections of the City Code.
(2) Traffic. The generation and characteristics of the traffic associated with the use and its impact on the traffic volumes of and safety associated with driveway location on adjacent roads, sidewalks and trail connections.
(4) City services. The provision of adequate public facilities and services to the site where the use is proposed and the ability of the existing infrastructure to absorb the additional demand for city services.
(5) Screening and landscaping. The ability to screen and buffer incompatible off-site impacts of the proposed use on adjacent property and the surrounding neighborhood. The city may require additional landscaping or screening above that required in the specific zoning district.
(6) Architectural standards. The degree that the site or building associated with the proposed use meets or exceed the architectural design and landscaping standards for the district in which it is located. The city may require additional architectural standards above those required in the specific zoning district.
(7) Other sections of the city code. The applicant may be required to submit additional information demonstrating that the development is able to comply with any other applicable section of this chapter or the city code.
(E) Conditions. The Planning Commission may recommend and the City Council may impose conditions to the approval of a Conditional Use Permit. No building or grading permit can be issued except in compliance with the conditions of the Conditional Use Permit.
(F) Duration. The Conditional Use Permit remains with the property as long as the property and use are in compliance with the conditions attached to the permit by the City Council. A Conditional Use Permit expires if the use has been discontinued for more than 364 consecutive days from the date that the use ceased or the business owner fails to meet the certification requirement of the Conditional Use Permit. The revocation of the Conditional Use Permit may be recorded with the county by the city.
(G) Certification. Upon request by the City Manager, the holder of a Conditional Use Permit certifies that the use, building, and site are in conformance with the Conditional Use Permit and city codes, in conjunction with §§ 152.050 through 152.055. The City Manager may maintain copies of the city policy concerning certification.
(H) Revocation. If the holder of the permit fails to comply with any of the terms imposed by the Conditional Use Permit, the city may impose penalties or discipline for noncompliance, which may include revocation of the permit, in accordance with the following terms:
(1) Procedure. The imposition of any penalty may be preceded by (the notices contained in subdivisions (a) and (c) hereof may be combined):
(a) Written notice of the holder’s alleged violation.
(b) The opportunity to cure the violation during a period not to exceed 30 days following receipt of the written notice.
(c) A hearing before the City Council at least 15 days after sending written notice of the hearing. The hearing provides the holder with an opportunity to show cause why the permit should not be subject to discipline.
(2) Exigent circumstances. If the city finds that exigent circumstances exist requiring immediate permit revocation, the city may revoke the permit and provides a post revocation hearing before the City Council not more than 15 days after holder’s receipt of written notice of the hearing. Following such hearing, the City Council may sustain or rescind the revocation, or may impose such other and further discipline as it deems appropriate.
(3) Record. Any decision to impose a penalty or other discipline must be in writing and supported by substantial evidence contained in a written record.
(I) Amendment. Holders of a Conditional Use Permit may propose amendments to the approved permit at any time, subject to the procedures of § 152.031, except where administrative Site Plan Review may be granted as outlined in § 152.033. No significant changes in the circumstances or scope of the use may be undertaken without the approval of those amendments by the city. Significant changes include, but are not limited to, hours of operation, number of employees, expansion of buildings, structures and/or premises, different and/or additional signage, and operation modifications resulting in increased external activities and traffic, and the like. The City Manager must determine what constitutes significant change. The City Council may approve significant changes and modifications to Conditional Use Permits, including the application of new or revised conditions.
(Ord. 2000-936)