(A) Purpose and scope.
(1) The conditional use permit process allows the city to impose reasonable conditions on uses that are considered permitted in a given zoning district only when they meet pre-defined conditions. Such conditions are considered necessary to ensure compatibility between the proposed land use and nearby properties.
(2) Approval of a conditional use at a certain location does not mean the same conditional use can be conducted on any other parcel in that zoning district.
(3) Every application for a conditional use permit will be individually reviewed on its own merits, and the facts surrounding the subject property will determine the appropriateness of the proposed use.
(B) Application. An application for a conditional use permit shall conform to the common review procedures and requirements and:
(1) The submittal materials listed for a site plan review except those that may be exempted by the Community Development Director;
(2) Any other information that may be reasonably required by the city to evaluate the application.
(C) Thresholds for application review.
(1) If a listed conditional use falls below the following threshold, review and approval by the Community Development Department is all that is required before applying for a building permit:
(a) Five hundred (500) square feet of floor area for a non-residential building;
(b) One hundred twenty (120) square feet of floor area for a detached building related to a residence.
(2) Review and approval by the Planning Commission and City Council shall be required for applications above that threshold or applications involving properties that have not previously received a conditional use permit.
(D) Conditions for approval. These conditions must be met:
(1) The use is allowed as a conditional use in the zoning district and conforms to standard zoning regulations;
(3) The conditional use will not impede the normal and orderly use or development of nearby property, substantially diminish nearby property values or place an undue burden on public facilities or services;
(4) The conditional use will not be detrimental to the health, safety, morals, or welfare of the public;
(5) The conditional use will not result in a nuisance by odor, noise, or light; and
(6) The conditional use will not unduly affect natural features.
(E) Additional conditions. In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions that the 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:
(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 lighting of signs;
(7) Requiring additional fencing, screening, landscaping or other facilities to protect adjacent or nearby property; and
(8) Designating sites for open space.
(F) City staff review and recommendation. The Community Development Department is authorized to review and provide recommendations to the Planning Commission and City Council in accordance with the procedures and standards of this chapter. At the discretion of the Community Development Director, the Development Review Committee may provide advice on conditional use permits.
(G) Planning Commission recommendation and City Council decision. Before any conditional use permit is approved, the Planning Commission shall hold a public hearing and make a recommendation to the City Council. The Council shall consider the request(s) in light of the conditional use review criteria listed above, and render a decision. In approving a conditional use, the Council may impose conditions on the approval as are deemed appropriate to ensure compliance with the approval and to protect adjacent properties. Denial of any request shall be accompanied by findings of fact as to how the request did not meet one or more of the review criteria.
(H) Once a CUP is granted, a certified copy of the CUP, including a detailed list of all approved conditions and a legal description of the land, shall be recorded with the County Recorder or the Registrar of Titles.
(I) Effect of a conditional use permit approval.
(1) The issuance of a conditional use permit shall authorize only the improvements approved by the City Council.
(2) A conditional use permit, including any conditions, shall run with the land and shall not be affected by a change in ownership.
(J) Subsequent development. Development authorized by the conditional use permit shall not be carried out until the applicant has secured all other approvals required by this chapter or any other applicable ordinances or regulations. Approval of a conditional use permit does not imply that any related application will be approved.
(K) Time limits. The City Council may assign a date or event that that will trigger the expiration of a conditional use permit if the facts clearly warrant doing so. Otherwise, there are no time limits on a conditional use permit.
(L) Revocation of a conditional use permit. In the event that any of the conditions set forth in the permit are violated, the City Council shall have the authority to revoke the conditional use permit. Before the revocation is considered, the City Council shall hold a public hearing after proper written notice has been issued. Following the hearing, the Council may revoke the conditional use permit by adopting findings of fact showing there has not been substantial compliance with the required conditions.
(M) Amendments to a conditional use permit. A conditional use permit may be amended or modified only in accordance with the procedures and standards established when originally securing the conditional use permit. A request for a change in the conditions of approval of a conditional use permit shall be considered an amendment and subject to the full review procedure set forth in this division. An additional application fee may be required before the consideration of the amendment request.
(Ord. 1040, passed 1-5-16)