A. Purpose: This section sets forth the procedure for review and approval of a conditional use permit. A conditional use permit shall be required for any use which is a conditional use in this title.
B. Authority: The planning commission is authorized to approve conditional use permits as provided in this section. The planning commission may delegate to the community development director the authority to approve, modify, or deny a conditional use permit as provided in this section.
C. Initiation: A property owner, or the owner's agent, may apply for a conditional use permit. An agent of a property owner shall provide a notarized authorization.
D. Submittal: An application for a conditional use permit shall be submitted as provided in chapter 13.03 of this title. (Ord. 2012-15, 9-20-2012)
E. Noticing: The planning commission shall consider the conditional use application at a public hearing. The City shall provide notice as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13. (Ord. 2016-27, 11-3-2016)
F. Approval Standards: A conditional use shall be approved if reasonable conditions are proposed by the applicant, or can be imposed by the land use authority, to mitigate the potential detrimental effects of the proposed use in accordance with applicable standards set forth in this section.
1. A conditional use shall:
a. Be consistent with policies set forth in the city's general plan applicable to the site where the conditional use will be located.
b. Be allowed by the zone regulations where the conditional use will be located.
c. Be compatible with the character of the site, adjacent properties and uses, and existing development within the vicinity of the site where the use will be located.
d. Provide vehicular access to the site without materially degrading the existing level of service of the abutting streets.
e. Locate all driveways oriented to direct traffic to streets, major or local, without impacting the safety, purpose, and character of these streets.
f. Locate on site parking areas and structures, particularly those locations likely to encourage street side parking for the proposed use, in areas of the site that will not adversely impact the reasonable use of adjacent properties.
g. Accommodate peak traffic to the site without impairing the use and enjoyment of adjacent properties.
h. Provide an internal circulation system designed to mitigate adverse impacts on adjacent property from motorized, nonmotorized, and pedestrian traffic.
i. Restrict hours of operation of the proposed conditional use in relation to the hours of activity or operation of other nearby uses to mitigate noise, light, odor, or other nuisances that unreasonably impair the use and enjoyment of adjacent properties.
j. Demonstrate existing or proposed utility and public services will be adequate to support the proposed use at normal service levels and is designed in a manner to avoid adverse impacts on adjacent land uses, public services, and utility resources.
k. Install appropriate buffering, such as landscaping, setbacks, and building location, to protect adjacent land uses from light, noise, and visual impacts resulting from the proposed use. (Ord. 2015-02, 2-5-2015; amd. Ord. 2016-04, 4-14-2016)
2. A conditional use shall not:
a. Contribute to a detrimental concentration of existing nonconforming or conditional uses substantially similar to the use proposed within one-fourth (1/4) mile of the exterior boundary of the subject property;
b. Result in loss of privacy, objectionable views of large parking or storage areas; or views or sounds of loading and unloading areas; and
c. Encroach on or cause erosion of the bank of a river or stream, or direct runoff into a river or stream without approval by the appropriate stormwater authority.
3. The proposed conditional use and associated development shall comply with all other applicable provisions of this title and this code.
G. Conditions Of Approval: Such conditions shall:
1. Be expressly set forth in the conditional use permit;
2. Not be used as a means to authorize a use intended to be temporary only;
3. Substantially further a legitimate public purpose;
4. Not require the applicant to carry a disproportionate burden in furthering the public purpose of the condition; and
5. In the case of land dedications and other contributions of property, be reasonably related and roughly proportionate to the use of the property for which the conditional use is authorized.
H. Denial: If the anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or by the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use permit shall be denied.
I. Appeal: A person adversely affected by a final decision of the planning commission regarding approval or denial of a conditional use permit may appeal the decision to the city council.
J. Effect Of Approval:
1. A conditional use permit shall not relieve an applicant from obtaining any other authorization, permit, or license required under this title or other title of this code.
2. A conditional use permit shall run with the land, unless otherwise specified in the approved conditional use permit, and is subject to the provisions relating to amendment, revocation, or expiration of a conditional use permit.
K. Inspection: Following approval of a conditional use permit, the community development director shall ensure that development is undertaken and completed in compliance with the permit.
L. Amendment: The procedure for amending an approved conditional use permit shall be the same as the original procedure set forth in this section.
M. Revocation: A conditional use permit may be revoked as provided in chapter 13.09 of this title.
N. Expiration: A conditional use permit shall expire and have no further force or effect if the building, activity, construction, or occupancy authorized by the permit is not commenced within two (2) years after approval. A twelve (12) month extension may be approved by the land use authority subject to payment of an extension fee equal to the original filing fee. (Ord. 2012-15, 9-20-2012; amd. Ord. 2016-04, 4-14-2016; Ord. 2021-18, 8-5-2021)