A. Purpose: This section sets forth procedures for considering and approving conditional use permits.
B. Authority: The planning commission is authorized to issue conditional use permits as provided in this section.
C. Initiation: A property owner, or the owner's agent, may request a conditional use permit as provided in subsection D1 of this section.
D. Procedure: An application for a conditional use permit shall be considered and processed as provided in this subsection:
1. A complete application shall be submitted to the office of the zoning administrator in a form established by the administrator, along with any fee established by the city's schedule of fees. The application shall include at least the following information:
a. The name, address and telephone number of the applicant and the applicant's agent, if any.
b. The address and parcel identification of the subject property.
c. The zone, zone boundaries and present use of the subject property.
d. A complete description of the proposed conditional use.
e. A plot plan showing the following:
(1) Applicant's name;
(2) Site address;
(3) Property boundaries and dimensions;
(4) Layout of existing and proposed buildings, parking, landscaping, and utilities; and
(5) Adjoining property lines and uses within one hundred feet (100') of the subject property.
f. Traffic impact analysis, if required by the city engineer or the planning commission.
g. A statement by the applicant demonstrating how the conditional use permit request meets the approval standards of subsection E of this section.
h. A statement indicating whether the applicant will require a variance in connection with the proposed conditional use.
i. Such other and further information or documentation as the zoning administrator may deem necessary for a full and proper consideration and disposition of a particular application.
2. If a variance is required, a variance application shall be filed when an application for a conditional use permit is filed. (Ord. 394, 8-7-2001)
4. A staff report evaluating the application shall be prepared by the zoning administrator.
5. The planning commission shall hold a public meeting and thereafter shall approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the conditional use permit to approval standards.
6. After the planning commission makes a decision, the zoning administrator shall give the applicant written notice of the decision.
7. A record of all conditional use permits shall be maintained in the office of the zoning administrator. (Ord. 394, 8-7-2001)
E. Approval Standards: The standards of this subsection shall apply to the issuance of a conditional use permit:
1. A conditional use permit may be issued for a use to be located within a zone where the particular conditional use is allowed by the use regulations of the zone.
2. Reasonable conditions may be imposed as necessary to substantially mitigate reasonably anticipated detrimental effects of the proposed use. These conditions may include conditions concerning use, construction, character, location, landscaping, screening, parking, hours of operation, and other matters relating to the purposes and objectives of this section. Such conditions shall be expressly set forth in the motion authorizing the conditional use permit.
3. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied.
4. The following factors shall be reviewed and considered in determining whether a conditional use permit application should be approved, approved with conditions, or denied because reasonable conditions cannot be imposed to achieve compliance with applicable standards:
a. The harmony and compliance of the proposed use with the objectives and requirements of the city's general plan and this title;
b. The suitability of the specific property for the proposed use;
c. Whether the proposed use or facility may be injurious to potential or existing development in the vicinity;
d. The economic impact of the proposed facility or use on the surrounding area;
e. The aesthetic impact of the proposed facility or use on the surrounding area;
f. The safeguards proposed or provided to ensure adequate utilities, transportation access, drainage, parking, loading space, lighting, screening, landscaping, open space, fire protection, and pedestrian and vehicular circulation;
g. The safeguards provided or proposed to prevent noxious or offensive emissions such as noise, glare, dust, pollutants and odor from the proposed facility or use; and
h. The impact of the proposed facility or use on the health, safety, and welfare of the city, the area, and persons owning or leasing property in the area.
5. The planning commission may request additional information as may be reasonably needed to determine whether the requirements of this subsection E can be met. (Ord. 949, 10-5-2010)
F. Appeal Of Decision: Appeals of a planning commission decision regarding the transfer, issuance or denial of a conditional use permitare governed by section 9-5-180 of this chapter. (Ord. 1323, 5-1-2018)
G. Effect Of Approval: A conditional use permit shall not relieve an applicant from obtaining any other authorization or permit required under this title or any other title of this Code.
1. A conditional use permit may be transferred so long as the use conducted thereunder conforms to the terms of the permit.
2. Unless otherwise specified by the Planning Commission and subject to the provisions relating to amendment, revocation or expiration of a conditional use permit, a conditional use permit shall be of indefinite duration and shall run with the land.
H. Amendments: The procedure for amending any conditional use permit shall be the same as the original procedure set forth in this section.
I. Revocation: A conditional use permit may be revoked as provided in section 9-7-060 of this title.
1. In addition to the grounds set forth in section 9-7-060 of this title, any of the following shall be grounds for revocation:
a. The use for which the permit was granted has ceased for one year or more;
b. The holder or user of the permit has failed to comply with the conditions of approval or any City, State, or Federal law governing the conduct of the use;
c. The holder or user of the permit has failed to construct or maintain the site as shown on the approved site plan or map; or
d. The operation of the use or the character of the site has been found to be a nuisance or a public nuisance by a court of competent jurisdiction in any civil or criminal proceeding.
2. No conditional use permit shall be revoked against the wishes of the holder or user of the permit without first giving such person an opportunity to appear before the Planning Commission and show cause as to why the permit should not be amended or revoked. Revocation of a permit shall not limit the City's ability to initiate or complete other legal proceedings against the holder or user of the permit.
J. Expiration: Unless there is substantial action under a conditional use permit within one year from the date of its issuance, said permit shall expire and shall have no further force or effect. A written request may be submitted to the Community Development Department prior to expiration of the conditional use permit for an extension of up to six (6) months, subject to approval of the Planning Commission, provided substantial action is shown toward establishing the conditional use and the requirements for extension under section 9-5-030 of this chapter are met.
(Ord. 394, 8-7-2001; amd. Ord. 1408, 10-15-2019; Ord. 1498, 8-3-2021)