CHAPTER 7
CONDITIONAL USES 1

SECTION:

15-7-1: Purpose And Intent

15-7-2: Conditional Use Permit

15-7-3: Review Procedure

15-7-4: Basis For Issuance Of Conditional Use Permit

15-7-5: Determination

15-7-6: Appeal To And Review By Board Of Zoning Adjustment

15-7-7: Building Permit

15-7-8: Expiration

15-7-9: Amendment Of The Conditional Use Permit

15-7-10: Revocation

 

Notes

1	1. Prior ordinance history: Ord. 90-52, 10-25-1990; Ord. 91-51, 12-19-1991; Ord. 94-37, 8-23-1994; 1999 Code; Ord. 2001-32, 6-5-2001; Ord. 2005-67, 12-6-2005.

15-7-1: PURPOSE AND INTENT:

The purpose and intent of this chapter is to establish standards for land uses listed in each zone as conditional uses with the exception of planned residential unit developments and group dwellings which uses have their own standards for consideration. Conditional uses are generally related to permitted uses, but due to their unique characteristics or potential impacts on surrounding uses or the goals of the city may be appropriate only in certain locations and under specific conditions that mitigate potential impacts and may not be compatible in some areas as impacts cannot be mitigated. Conditional uses are intended to allow greater flexibility by providing a wider variety of uses in a zone, while at the same time allowing conditions to be applied, if conditions of mitigation or elimination of detrimental impacts would make the use compatible with surrounding or planned development.

(Ord. 2006-3, 1-17-2006)

15-7-2: CONDITIONAL USE PERMIT:

   A.   A conditional use permit shall be required for all uses listed as a conditional use in the respective zone. A conditional use permit shall be issued only upon approval of the planning commission. The conditional use permit shall list all requirements determined appropriate to mitigate the impacts created by the use in order to make it acceptable at the specific location.

   B.   A conditional use permit shall make the approved use allowable at the specific location and the right of the approved use with its conditions shall run with the property, unless the permit has expired as provided under section 15-7-8 of this chapter or has been revoked as provided under section 15-7-10 of this chapter. In the event a change is proposed from the conditions of the original approval, an amendment to the original conditional use permit shall be required. If the use is discontinued for a continuous period of one year, a new conditional use permit is required.

(Ord. 2006-3, 1-17-2006)

15-7-3: REVIEW PROCEDURE:

   A.   Application: Application for a conditional use permit shall be made to the planning commission at the department. An application shall include a completed application form, payment of review fees, detailed location, site and building plans, and any information needed to adequately describe the proposal. For those applications where no changes are proposed to an existing structure, the application form and fee, together with a site plan showing existing conditions or proposed site changes, is required.

   B.   Meeting: The application shall be scheduled for the next eligible planning commission meeting, according to the rules and procedures of the commission.

   C.   Notice; Continuation: Notice shall be mailed, at least seven (7) days in advance of the first hearing of a conditional use permit by the planning commission, to the record owner of each parcel located within three hundred feet (300') of the subject property regardless of whether such property is located within the jurisdictional boundaries of the city. If the planning commission determines it is in the public interest, consideration of the application may be continued for final decision.

(Ord. 2006-3, 1-17-2006)