Conditional Use Approval Process | |
Step 1 | Applicant files application and fee with zoning official. |
Step 2 | Zoning official determines completeness of application. |
Step 3 | Zoning official gives notice of public hearing. |
Step 4 | Planning commission holds public hearing and makes recommendation. |
Step 5 | City council holds public hearing and acts on application. |
Step 6 | If authorized, zoning official issues conditional use permit. |
A. Purpose: Conditional uses are those uses which generally are compatible with the permitted land uses in a given zoning district, but which require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district.
B. Applicability:
1. The designation of a use in a zoning district as a conditional use does not constitute an authorization or assurance that such use will be approved.
2. Approval of a conditional use permit shall be deemed to authorize only the particular use for which the permit is issued.
3. No use authorized by a conditional use permit shall be enlarged, extended, increased in intensity or relocated unless an application is made for a new conditional use permit in accordance with the procedures set forth in these regulations.
4. Development of the conditional use shall not be carried out until the applicant has secured all the permits and approvals required by these regulations, other appropriate provisions of this code or any permits required by county, regional, state or federal agencies.
C. Application For Conditional Use Permit:
1. Staff Conference: Before any application is made, the applicant is encouraged to confer with the zoning official and the staff review committee to discuss, in general, the procedures and requirements for a conditional use request pursuant to these regulations.
2. Application: A property owner or designated representative of the property owner shall initiate a conditional use request by filing an application with the zoning official and paying a conditional use request fee as determined by the city council. Nonprofit organizations and public entities shall be exempt from the fee payment.
3. Contents: A conditional use application shall include:
a. A site plan, as defined in section 9-5-4 of this chapter. The site plan shall include a vicinity map, floor plans and an elevation and shall indicate clearly the nature and location of the requested conditional use. Specific requirements of site plan preparation may be waived by the zoning official if circumstances so require.
b. Evidence of the applicant's ability and intention to proceed with construction in accordance with the site plan within one year after the effective date of the permit. (Ord. 172, 9-24-1996, eff. 10-31-1996)
D. Reserved. (Ord. 382, 8-28-2007, eff. 9-20-2007)
E. Conditional Use Review And Recommendation:
1. Review: Upon a determination of completeness, the zoning official shall forward copies of the conditional use application to the appropriate recommending body. If a planning commission exists, the planning commission shall review the conditional use request and make a recommendation to the city council. If no planning commission exists, the staff review committee shall review the conditional use request and make a recommendation to the city council.
2. Public Hearing: The planning commission, if one exists, shall hold a public hearing on a conditional use request pursuant to section 9-4-7 of this title.
a. Personal notice of the public hearing shall be mailed in accordance with the requirements of subsection 9-4-2B of this title.
b. Personal notice shall also be mailed pursuant to subsection 9-4-2B of this title to each tenant of any mobile home park located within three hundred feet (300') of the subject property. The names of such tenants shall be supplied to the planning commission or city council by the applicant.
c. If an advisory board has been established for the affected area by the city council, notice shall also be mailed pursuant to subsection 9-4-2B of this title to that board.
3. Criteria: The planning commission or the staff review committee, as appropriate, shall consider the following criteria when making its recommendation to the city council:
a. Whether the proposed use at the specified location is consistent with the policies embodied in the adopted master plan;
b. Whether the proposed use is consistent with the general purpose and intent of the applicable zoning district regulations and complies with the requirements of the zoning ordinance;
c. Whether the proposed conditional use may be materially detrimental to the public health, safety, convenience and welfare, or may result in material damage or prejudice to other property in the vicinity;
d. Whether the proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on site or within the public rights of way to mitigate any adverse impacts which may result from the development, such as traffic, noise, odors, visual nuisances or other similar adverse effects. Such improvements or modifications may include, but shall not be limited to, the placement or orientation of buildings and entryways, parking areas, buffer yards and the addition of landscaping, walls or both, to ameliorate such impacts;
e. Whether the proposed use will generate pedestrian and vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood.
4. Recommendations: The planning commission shall make its recommendation at the public hearing, on the record. The staff review committee shall make a written recommendation to the city council, which report shall be available to the applicant and public at least five (5) business days prior to the city council hearing for which it is scheduled. (Ord. 172, 9-24-1996, eff. 10-31-1996)
F. Conditional Use Approval:
1. Public Hearing: The city council, upon receipt of the recommendation of the planning commission or the staff review committee, as appropriate, and within sixty five (65) days of the filing of the complete application, shall hold a public hearing on a conditional use request, pursuant to section 9-4-7 of this title. Notice of the public hearing shall be given according to the requirements of subsection E2 of this section. (Ord. 382, 8-28-2007, eff. 9-20-2007)
2. Decision; Criteria: The city council shall approve, conditionally approve or deny the conditional use application at the public hearing. In approving or conditionally approving a conditional use application, the city council shall consider the criteria specified in subsection E3 of this section.
3. Denial; Reasons Recorded: If the city council denies a conditional use application, it shall record the reasons for denial in the record.
a. No conditional use application will be approved or permit granted that is in violation of or in conflict with any laws of the state.
b. If the appropriateness of the use cannot be assured at the location, the application for conditional use permit shall be denied as being incompatible with existing uses or uses permitted by right in the zoning district.
4. Restrictions Imposed: In conditionally approving a conditional use application, the city council may impose such conditions, safeguards and restrictions upon the premises or permittees benefited by the conditional use as may be necessary to reduce or minimize any potentially injurious effect of such conditional use upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations.
5. Conditional Use Permit Issuance:
a. The city council, in their resolution of approval, shall authorize the zoning official to issue a conditional use permit.
b. The conditional use permit shall set out regulations, restrictions, limitations and a termination date so that reasonable control may be exercised over the use.
c. Upon approval by the city council, the zoning official shall forward a letter of approval to the applicant and file a copy of the same with the city clerk.
G. Revocation/Expiration Of Conditional Use Permit: Any conditional use permit granted under the authority of these regulations is subject to revocation pursuant to section 9-4-11 of this title for any or all of the following reasons:
1. Noncompliance: Noncompliance with any special conditions imposed on the conditional use permit by the city council or these regulations at the time of approval of the conditional use;
2. Land Use Violation: Violation of any provisions of these regulations pertaining to the use of land, the construction or use of buildings or structures or activities conducted on the premises by the permittee or agents of the permittee;
3. Violation Of Applicable Regulations: Violation of any other applicable zoning regulation or this code provision or any county, state or federal law or regulation by the permittee or agents of the permittee; provided, that such violations relate to the conduct or activity authorized by the conditional use permit or the qualifications of the permittee or its agents to engage in such conduct or activity;
4. Construction Commencement: If a conditional use authorized or granted under the provisions of this section is not actually established or the actual construction commenced on the buildings or structures involved within one year from the date of the conditional use approval, the approval shall be deemed to be revoked and any further activity on the site shall be treated as a violation of these regulations;
5. Permit Expiration: Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be commenced, a new permit shall be first obtained to do so;
6. Use Discontinued: If any use of land, building, structure or premises established under the provisions of this section has been discontinued for a period of one year, it is unlawful to again use such land, building or premises for such discontinued use until a subsequent conditional use permit is granted.
H. Extension Of Time: Extensions of conditional use permits may be granted pursuant to section 9-4-10 of this title.
I. Appeal Procedure: If the city council denies an application for a conditional use, an appeal of the city council decision may be taken to the district court in accordance with subsection 9-4-9C of this title. (Ord. 172, 9-24-1996, eff. 10-31-1996)