CHAPTER 1135
Conditional Uses
   EDITOR'S NOTE: All references to "City Solicitor" in this chapter have been changed to "City Law Director" to reflect the Charter Amendment passed by the electors on May 8, 2001, and upon the adoption of Ordinance 2001-96, passed June 4, 2001.
1135.01   Purpose.
1135.02   Petition for conditional use permit.
1135.03   Conditional use permits.
1135.04   Mandatory conditions and safeguards.
1135.05   Revocation of conditional use permit.
1135.06   Expiration of conditional use permit.
1135.07   Medical marijuana facilities (including cultivation facilities, processing facilities, dispensaries and testing laboratories).
   CROSS REFERENCES
   Conditional use permits - see PRELIM. UNIT, Tables of Special Ordinances, Table J
   Definitions - see P. & Z. Ch. 1125
   Administration, enforcement and penalty - see P. & Z. Ch. 1127
   Board of Zoning Appeals - see P. & Z. Ch. 1127.04 et seq.
   Use Districts and Zoning Map - see P. & Z. Ch. 1131
1135.01 PURPOSE.
   It is recognized that certain land uses possess characteristics of such unique and special nature relative to location, design, size, method of operation and circulation that each specific use must be considered individually. These specific uses, as they are conditionally permissible under the provisions of the particular district regulations, shall follow the procedures and requirements set forth in this chapter.
(Ord. 98-176. Passed 8-3-98.)
1135.02 PETITION FOR CONDITIONAL USE PERMIT.
   A petition for a conditional use permit shall be filed with the Clerk of Council's office. The petition shall include:
   A.   Twenty-five (25) copies of the proposed conditional use legislation and twenty-five (25) copies of a plat drawn to the scale of one inch equals 100 feet;
   B.   Twenty-five (25) copies of a site plan showing the proposed development of the site and the design, location and uses of all buildings and structures, parking areas, drive aisles, curb cuts, fences, landscaping, signs and open spaces;
   C.   An ordinance approved in writing as to form by the City Law Director containing the following:
      1.   A legal description of the areas, including the size in square footage or acreage;
      2.   The location of the areas as to City streets and numbers or distance from an indicated intersection;
      3.   The names of the property owners within the land to be conditionally used if there are ten (10) or less; if there are more than ten (10) property owners, then the name of the petitioner shall be recited in the ordinance; and
      4.   A brief description of the land (in the caption of the ordinance) indicating its location and the names of the property owners, if there are ten (10) or less; if there are more than ten (10) property owners, then the caption shall contain the name of a petitioner;
   D.   A fee, as established by City Council, to defray the cost of notices and other expenses connected with the hearings herein provided for; and
   E.   A list of the names and addresses of owners of adjacent property as they appear on the County Auditor's list, including properties on each side of the applicant's property, directly across the street and diagonally across the street, and directly behind and diagonally behind the applicant's property (permanent parcel number and address of each adjacent property is also required).
(Ord. 98-176. Passed 8-3-98.)
1135.03 CONDITIONAL USE PERMITS.
   The Planning Commission, with the consent of Council, or Council without the consent of the Commission, may grant conditional use permits for certain uses which are not permitted by right under this Zoning Code. In granting a conditional use permit, the Commission shall make a determination based on information presented that the conditional use shall conform to the intent of this Code and meet the conditions and safeguards for such use as established by Council. The Commission, or Council, may require additional conditions and safeguards above and beyond those as provided in Section 1135.04, if such additional conditions and safeguards are reasonably necessary to carry out the purpose and intent of a specific conditional use. Further, any conditions and safeguards specifically established may be waived by the Planning Commission, with the approval of Council, or by Council without the approval of the Planning Commission, if such conditions and safeguards can be shown to be superfluous, outdated or otherwise unnecessary to the particular conditional use for which an application is being made.
   To approve a conditional use permit, the Commission and Council will consider if:
   A.   The proposed use will be properly located in relation to land use and street plans of the City;
   B.   The proposed use is necessary to serve the community needs;
   C.   The proposed use is adequately served by essential public facilities and services;
   D.   The location, design and operation of the proposed use at the specific location would not unduly discourage or interfere with surrounding uses and properties; and
   E.   The proposed use meets the specific development conditions as specified in the regulations for the district in which it is located.
(Ord. 98-176. Passed 8-3-98.)
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