(a) Approval; Procedure; Conditions. Following the procedures set forth in § 13.06.040 of this code, uses designated in this title as "conditional uses permitted" may be permitted or enlarged or altered upon authorization of, after hearing by the Planning Commission as provided in § 13.06.040. In granting approval of a conditional use the Planning Commission may require, in addition to the regulations and standards expressly specified in this title, other conditions found necessary to protect the best interests of the surrounding property or neighborhood or the city as a whole. The conditions may include requirements increasing the required lot size or yard dimensions, controlling the location and number of vehicular access points to the property, increasing street width, increasing the number of off-street parking or loading spaces required, limiting the number of signs, limiting the coverage or height of buildings because of obstruction to view or reduction of light or air to adjacent property, requiring sight-obscuring fencing and landscaping where necessary to reduce noise or glare or maintain the property in a character in keeping with the surrounding area, and requirements under which any future enlargement or alteration of the use shall be reviewed by the Planning Commission and new conditions imposed. Change in use, expansion or contraction of site area, or alteration of structures or uses classified as conditional existing prior to the effective date of the ordinance codified herein, shall conform to the regulations pertaining to conditional uses. If the site is inappropriate for the use requested, the Planning Commission may deny approval of the conditional use.
(b) Application. A request for a conditional use or modification of an existing conditional use may be initiated by the property owner or his authorized agent by filing an application with the City Clerk. The applicant shall submit a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development.
(c) Expiration when unexercised. If a conditional use is approved by the Planning Commission and then is not exercised, it shall expire in one year from the date of approval if the use has not begun and continual progress toward its full operation is not in evidence.
(d) Change in use; effect. When a use is once established in such a way as to be a permitted use, and not a conditional use and not a nonconforming use, and thereafter a change in the zoning classification of the land, or a change in the city's zoning ordinance of 1981, renders the formerly permitted use a conditional use, the owner of such land shall have all of the rights he would have had, had the use remained a permitted use, including, but not limited to the right to expand or contract the use of the property, or alter any structures.
(Ord. 81-12, passed 6-3-81)