(A) Record maintenance. The Zoning Administrator shall maintain a record of all conditional use permits issued, including information on the use, location, and condition made by the City Council; time limits review dates and other information as may be appropriate. The Zoning Administrator shall file a copy of every conditional use permit with the County Recorder.
(B) Criteria for granting conditional use permits. In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning Commission and how the proposed use fits within the comprehensive plan of the city and its potential impact upon the health, safety and general welfare of occupants of surrounding lands. Among other things, the Council shall consider the following findings where applicable:
(1) The use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city;
(2) The use will be harmonious with the general and applicable specific objectives of the comprehensive plan of the city and this chapter;
(3) The use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area;
(4) The use will not be hazardous or future neighboring uses;
(5) The use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by the facilities and services provided by the persons or agencies responsible for the establishment of the proposed use;
(6) The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
(7) The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors;
(8) The use will have vehicular approaches to the property, which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares;
(9) The use will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance; and
(10) The use will conform to specific standards of this chapter applicable to the particular use.
(C) Additional conditions. In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to the standards and requirements expressly specified by this chapter, additional conditions which the City Council considers necessary to protect the best interest of the surrounding area or community as a whole. These conditions may include, but are not limited to, the following:
(1) Increasing the required lot size or yard dimension;
(2) Limiting the height, size or location of buildings;
(3) Controlling the location and number of vehicle access points;
(4) Increasing the street width;
(5) Increasing the number of required off-street parking spaces;
(6) Limiting the number, size, location or light of signs;
(7) Requiring additional fencing, screening, landscaping or other facilities to protect adjacent or nearby property; and
(8) Designing sites for open space.
(D) Required exhibits for a conditional use permit. The following exhibits shall be required:
(1) Abstract or certificate showing property owners' names and addresses within 350 feet of the outer boundaries of the property in question; if applicant is not the property owner, an enforceable option shall be submitted;
(2) A boundary line survey;
(3) A general development plan showing the potential development of the property, including proposed streets, buildings, landscaping and drainage. The plans shall contain sufficient information for the community to determine whether the proposed development is in keeping with the intent and purpose of this chapter and the comprehensive plan. Information to include is a site plan drawn to scale parcel and building dimensions, location of all buildings and their size, including square footage, curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks, landscaping and screening plan, including species and size of trees and shrubs proposed, if required by Planning Commission, finished graded and drainage plan, type of business or activity and proposed number of employees, proposed floor plan and elevations of any building use indicated, sanitary sewer and water plan with estimated daily flow rates, and map showing all principal land use within 300 feet of the parcel for which application is being made, if required by Planning Commission.
(E) Procedure. The procedure for applying for a conditional use permit is as follows:
(1) The property owner or his or her agent shall meet with the Zoning Administrator to explain his or her proposal, learn the procedures, and obtain an application form.
(2) The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator. All applications for a conditional use permit must be received in the office of the Zoning Administrator not later than 30 days prior to the Planning Commission meeting.
(3) The Zoning Administrator shall review submitted materials within five working days for completeness and shall make a determination whether any additional materials need to be supplied by the applicant. If additional materials need to be supplied regarding the application, the Zoning Administrator shall notify the applicant in writing no less than ten days following the initial application submittal.
(4) For some applications, due to the scale of the changes requested, potential for conflict, or the health or safety considerations, the Zoning Administrator may determine that an additional 60-day time period is needed in which to conduct staff review of the proposed changes. The applicant will be notified in writing of the time extension. The reasons for the extension will be specified in the letter.
(5) Once an applicant's form and exhibits are determined to be complete, the Zoning Administrator shall transmit the application to the Planning Commission and shall notify by registered mail all property owners within 350 feet of the outer boundaries of the property in question.
(6) The Zoning Administrator shall set the date for a public hearing and shall have notice of the hearing published at least once in the legal newspaper, not less than ten days and not more than 30 days prior to the hearing.
(7) The Planning Commission shall hold the public hearing and shall then study the application to determine possible adverse effects of the proposed conditional use and to determine what additional requirements may be necessary to reduce the adverse effects and recommend one of the three actions: approval, denial or conditional approval.
(8) The Planning Commission shall transmit, within 15 days, its recommendation to the City Council for its official action.
(9) The City Council shall take appropriate action on the request for conditional use permit within 15 days of receiving the recommendations by the Planning Commission. If it grants a conditional use permit, the City Council may impose conditions, including time limits it considers necessary to protect the public health, safety and general welfare, and the conditions may include a time limit for the use to exist or operate.
(10) The applicant or his or her representative shall appear at the public hearing in order to answer questions concerning the proposed amendment.
(11) No re-application of a property owner for a conditional use permit shall be considered by the Planning Commission within a one-year period following a denial of the request, except that the Planning Commission may permit a new application, if, in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.
(F) Revocation of conditional use permits.
(1) Where a conditional use permit has been issued pursuant to provisions of this chapter, the permit shall become null and void without further action by the Planning Commission or City Council unless work thereon commences within one year of the date of granting the conditional use. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than six consecutive months.
(2) In the event that the applicant violates any of the conditions set forth in this permit, the City Council shall have the authority to revoke the conditional use permit.
(G) Other conditions.
(1) An amended conditional use permit application may be administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include reapplications for permits that have been denied or permits that have expired, requests for changes in conditions, and as otherwise described in this chapter.
(2) A periodic review of the use may be attached as a condition of approval of a conditional use permit. Unless other stipulated, the term shall be the life of the use.
(3) If the city enacts or amends official land use controls in such a way as to render a conditional use nonconforming with the official controls, the subject to section nonconforming uses, regardless of the permit which was previously issued.
(4) If a use that is subject to an existing conditional use permit and is still in conformance with the provisions of this chapter is destroyed, damaged, or otherwise altered, it may be rebuilt to the same scale, intensity, and height as existed prior to the destruction without being subject to a new CUP application. Any increase in scale, intensity, or height shall require submittal of a new conditional use permit application.
(Ord. passed 2-29-1996; Am. Ord. 2006-188, passed 1-26-2006)