A. Purpose. The purpose of a conditional use permit is to authorize and regulate uses which may be beneficial in a specific instance to the general welfare of the community, yet ensure that such uses are not detrimental to surrounding property, and are consistent with the stated purpose of the zoning district in which such uses are located regarding conditions of operation, location, arrangement, and construction.
B. Procedures. The procedure for conditional use permits is as follows:
1. The property owner or the owner’s agent shall meet with the Community Development Director to be advised of the procedures and obtain an application form.
2. The applicant shall file the completed application form together with the required exhibits and fees pursuant to City Code Section 11-2-17 with the Community Development Director.
3. The Community Development Director shall submit the application to the Planning Commission for its review, comment and recommendation to the City Council.
4. The City shall hold a public hearing on the application pursuant to City Code Section 11-2-3. In the case of correctional facilities and waste facilities, notice of the public hearing shall be to property owners located within one thousand three hundred twenty feet (1,320') of the property in question.
6. The City Council may impose such restrictions or conditions as may be necessary to comply with the standards established by this Title, or to reduce or minimize the impacts upon other properties in the neighborhood and to better carry out the intent of the Comprehensive Plan and the Zoning Code. Any condition must be directly related to and must bear a rough proportionality to the impact created by the application.
C. Required application information and materials. The following information and materials shall be required for the application:
1. A complete application form signed by all property owners.
2. All required fees and escrows.
3. A statement identifying all property owners of all land included within the proposal obtained from Washington County or a title or abstract company.
4. The application shall include a written description of the request including an explanation of compliance with the conditional use permit criteria set forth in this Chapter, together with detailed graphic materials, the number, size, and format as prescribed by the Community Development Director, fully explaining the proposed change, development, or use.
5. A copy of any approved site plan for the property or an “as built” survey which accurately represents existing conditions on the site, including entrances and exits, bona fide parking and driving areas, and which accurately indicates any proposed temporary structures, including tents, stands, and signs.
6. An accurate floor plan, when in the judgment of the Community Development Director, such plan is necessary.
7. Certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the administrative permit application relates.
8. Other information deemed necessary by the Community Development Director.
D. Findings.
1. The Planning Commission and City Council may consider the following factors when reviewing a conditional use permit application:
a. Compliance with and effect upon the Comprehensive Plan, including public facilities and capital improvement plans.
b. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort.
c. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
d. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
e. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed.
f. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
g. The conditional use complies with the general and specific performance standards as specified by the Zoning Code.
2. City staff may request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant deemed necessary to establish performance conditions in relation to all pertinent sections of this Title.
E. General Performance Standards. As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include, but not limited to, the following general performance standards and criteria:
1. Consistency with the Comprehensive Plan. The proposed use shall be consistent with the Comprehensive Plan.
2. Health and Safety. The proposed use shall not negatively impact the health, safety and general welfare of occupants of surrounding lands.
3. Public Infrastructure Services. Adequate public facilities and services shall be able to be provided to the site where the use is proposed, and/or existing infrastructure shall be able to absorb the additional demand for public services such as utilities, streets, parks, schools, etc.
4. Screening and Landscaping. Incompatible impacts of the proposed use shall be screened and buffered from adjacent property and the surrounding neighborhood. The City Council may require additional landscaping or screening above that required in the Zoning Code.
5. Architectural Standards. The site or building associated with the proposed use meets or exceeds the architectural design and landscaping standards for the district in which it is located. The City Council may require additional architectural standards above those required in the Zoning Code.
6. Zoning. The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use.
7. Traffic. The generation and characteristics of the traffic associated with the use and its impact on traffic volumes and safety associated with driveway locations, existing and proposed capacity on adjacent roads, sidewalks and trail connections can be adequately mitigated.
8. Floodplain. Shall follow City Code Title 11, Chapter 10.
F. Lapse. Lapse of approval is governed by City Code Section 11-2-12.(amd. Ord. 1081, 5-1-2024)