(A) Purpose And Intent: A conditional use permit is intended to control the establishment of those uses that have some special impact or uniqueness, such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. The conditional use permit application provides for the review of the location and design of the proposed use, configuration of improvements, potential impact on the surrounding area from the proposed use, and the evaluation of the use based on fixed and established standards. The review also determines whether the proposed use should be permitted by weighing the public need for and benefits to be derived from the use against any adverse impact it may cause.
(B) Authority: Authority for approval of conditional use permits shall be vested in the planning commission.
(C) Application: An application for a conditional use permit shall be filed with the planning and community development department in a manner prescribed by the planning director.
(D) Public Hearing: The planning commission shall consider each application for a conditional use permit at a noticed public hearing.
(E) Findings: Following review and consideration of an application, the planning commission, or the city council on appeal, may approve a conditional use permit application in whole or in part, with or without conditions, provided the planning commission prepares a written decision which contains the findings of fact upon which the planning commission’s decision is based. In preparing this written decision, all of the following findings of fact must be made in an affirmative manner:
1. The proposed use is permitted within the subject zone district pursuant to the provisions of this section, complies with all applicable provisions of this title, is consistent with the goals, policies and objectives of the general plan, and is consistent with the applicable development policies and standards of the city; and
2. The proposed use would not impair the integrity and character of the zone district in which it is to be established or located; and
3. The site is suitable for the type and intensity of use or development proposed; and
4. There are adequate provisions for water, sanitation, public utilities and services to ensure public health and safety; and
5. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity; and
6. The proposed use would not result in a significant effect on the environment, unless overriding considerations outweigh the potential impacts.
(F) Conditions Of Approval: In granting a conditional use permit, the planning commission, or the city council on appeal, shall require that the use and development of the property conform with the site plan, architectural drawings, statements submitted in support of the application, and with such modifications thereof as may be deemed necessary to protect the public health, safety, and general welfare and to secure the objectives of the general plan. The planning commission, or the city council on appeal, may also impose such other conditions as may be deemed necessary to achieve these purposes, including, but not limited to, the following matters:
1. Requirements for setbacks, yard areas and open spaces.
2. Fences, walls, buffers and screening.
3. Parking, parking areas and vehicular ingress and egress in addition to the minimum requirements of chapter 14 of this title.
4. Landscaping and maintenance of landscaping and grounds.
5. Regulations of signs.
6. Control of noise, vibration, odors and other potentially dangerous or objectionable elements.
7. Limits on hours of operation or duration of approval.
8. Time period within which the proposed use shall be developed.
9. Requirements for street improvements and dedications.
10. Building design and elevations.
11. Such other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this title.
12. Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the administering agency.
13. Requirements for periodical review by the planning commission, and such other conditions as the planning commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety and welfare, and to enable the planning commission to make the findings required by subsection (E) of this section.
(H) Revisions/Modifications: Requests to revise or modify an approved conditional use permit may be requested by the applicant or the planning commission.
1. Revisions/Modifications Requested by Applicant: A revision or modification to an approved conditional use permit, including, but not limited to, change in conditions, expansions, intensification, location, hours of operation or change of ownership, may be requested by an applicant. The applicant shall supply necessary information as determined by the planning director to indicate reasons for the requested change. The requested revision or modification shall be processed in the same manner as the original conditional use permit, unless determined by the Planning Director to be in substantial conformance per section 6-2-5 (H)(3) below, at which time the Planner Director can ministerially process the revision or modification.
2. Review by The Planning Commission: The planning commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. If, after review, the planning commission deems that there is sufficient evidence to warrant a full examination, a public hearing date shall be set. At such public hearing, the planning commission may modify or revoke the conditional use permit pursuant to the provisions of this title.
3. Substantial Conformance: Changes to an approved conditional use permit that are determined by the planning director to be de minimis as defined below and in conformance with previously approved plans can be approved under a substantial conformance finding. This determination may be appealed to the planning commission by a stakeholder with a substantiated interest. The Director must make the following findings in order to determine substantial conformance:
(a) The proposed amendment will not adversely affect the public health, safety or general welfare; and
(b) The proposed amendment is consistent with the goals, objectives and policies of the general plan, or any applicable specific plan; and
(c) The proposed amendment is consistent with the purposes and intent of this title, unless such amendment proposes to change, supplement or alter any part of this title, whereas said amendment must be consistent with all applicable sections, including these findings; and
(d) The previously approved use will continue as the primary use and any new proposed uses will be ancillary to the primary approved use.
(e) The proposed amendment does not increase the square footage of the previously approved use by more than 15%.
(f) The potential significant environmental impacts of the proposed amendment are insignificant or considered exempt, remain covered by a previously filed environmental determination, have been mitigated, or there are overriding considerations that outweigh the potential impacts. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)