The purpose of this chapter is to provide for a reasonable application, review, and approval process for land uses that are specified as "conditional", such that proposed new land uses meet City ordinances, Federal and State law, and are properly integrated into the community through the imposition of conditions, based on standards, intended to mitigate, the reasonably anticipated detrimental effects of a particular conditional use. Mitigate, as defined in State law, means reduce, and does not mean eliminate. Conditional uses shall be approved on a case-by-case basis provided the applicant adequately demonstrates that the reasonably anticipated detrimental effects of the proposed use can be mitigated through the imposition of reasonable conditions, based on standards in the City ordinances. Uses designated as conditional uses require approval by the Planning Commission, acting as the Land Use Authority. (Ord. 2017-26, 12-13-2017)

No person or entity may operate or conduct a use designated as a conditional use within the applicable zone without first obtaining a conditional use permit from the City. No new use nor a significant expansion of over twenty five percent (25%) of the approved use, may be added to any property unless the use is allowed in the zone, properly licensed, or unless a new conditional use permit or amendment has been properly issued for the use. (Ord. 2017-26, 12-13-2017)

An application for a conditional use permit, or an amendment to an existing conditional use permit, shall be processed as provided in this section:

1. Application: A complete application shall be submitted to the City and shall include at least the following:
   1. The name, address, email, and telephone number of the applicant.
   2. The name, address, email, and telephone number of the property owner if different than the applicant.
   3. The address and parcel number of the subject property.
   4. A complete description of the proposed conditional use.
   5. A plot plan showing the following:
      1. Applicant's name.
      2. Site address.
      3. Property boundaries and dimensions.
      4. A conceptual site plan including the layout of existing and proposed buildings, landscaping, lighting, drainage, grading, and parking areas, as applicable to the project. Engineering details are not required.
      5. Conceptual elevations and materials of proposed buildings.
   6. Applicants for an accessory dwelling unit shall provide a floor plan of the entire home, showing both the primary and accessory dwellings.
   7. Applicants for commercial uses shall provide an accurate and complete description of proposed business activities.
   8. Such other and further information or documentation as the Zoning Administrator or designee or the Planning Commission may deem necessary in order to allow the Planning Commission to make a well-informed decision.
   9. An application fee as indicated on the consolidated fee schedule.
   10. Mailing labels, first class postage, and envelopes for all properties located within one thousand feet (1,000') of the property on which the conditional use is proposed to be located.
   11. Only applications deemed complete by the Zoning Administrator or designee will be processed. Complete applications include appropriate application forms, drawings, texts, and signatures as required in this section. All required documentation shall meet City standards unless a waiver is being sought as part of the application. A request for a letter or email confirming the completeness of the application may be requested by the applicant.
2. Hearing: After a complete application is submitted and reviewed, the Zoning Administrator or designee shall schedule a public hearing before the Planning Commission. Notice of the meeting shall be given in accordance with section 11-3-6 of this title.
3. Application Review:
   1. The Zoning Administrator or designee shall administer an application review procedure in which the application is evaluated for compliance with all applicable ordinances and codes and for reasonably anticipated detrimental effects.
   2. The application review procedure may contain the following components:
      1. A review of the application, and associated documents for compliance with applicable sections of the zoning ordinance;
      2. A review of the application to ascertain potential reasonably anticipated detrimental effects and whether conditions based on standards can be imposed to mitigate those effects.
   3. The application review procedure may include the following:
      1. If applicable, referral of the application to governmental or regulating entities having actual jurisdiction over the site in question, for recommendations;
      2. A pre-application meeting, in which preliminary applications are reviewed and discussed prior to a formal application being submitted for review;
      3. An on-site review of the proposal by the Zoning Administrator or designee;
      4. A requirement that the applicant submit impact studies or other technical studies regarding grading, drainage, traffic, geologic hazards, noise, and environmental contamination.
   4. The Zoning Administrator or designee shall present a review, summary, and recommendation to the Planning Commission after having provided the applicant with a copy as required by State law. The recommendation shall remain part of the public record.
4. Approval: After the owners within one thousand feet (1,000') have been provided a notice, the Planning Commission shall hold a public hearing and thereafter shall approve, approve with conditions, or deny the application pursuant to the standards set forth in section 11-20-4 of this chapter and other applicable standards from this title. Any conditions of approval shall be limited to conditions needed to conform to the conditional use permit approval standards.
5. Notice: After a decision is made by the Planning Commission, the Zoning Administrator or designee shall provide the applicant written notice of the decision along with any conditions and findings. (Ord. 2017-26, 12-13-2017)
   

1. Approval: The Planning Commission has the authority to approve or approve with conditions, based on standards, all conditional use applications. Denial of an application shall only be considered if there are no conditions that can be imposed to mitigate the reasonably anticipated detrimental effects of the use. All conditional uses are presumed to be compatible in the zone and compatible with the intent of the General Plan.
2. Standards: All conditional use permits run with the land and may require the applicant to record documents to that effect. The Planning Commission may impose site plan modifications and conditions to mitigate the reasonably anticipated detrimental effects of a conditional use and may require additional information from the applicant, staff, or qualified experts to evaluate the proposed use. All conditional uses shall meet the following standards:
   1. The proposed conditional use shall comply with City ordinances, Federal, and State law, as applicable to the use and to the site where the conditional use will be located, and;
   2. Mitigation is required of reasonably anticipated detrimental effects arising from the conditional use, including:
      1. Detrimental effects of decreased street service levels and/or traffic patterns including the need for street modifications such as dedicated turn lanes, traffic control devices, safety, street widening, curb, gutter and sidewalks, location of ingress/egress, lot surfacing and design of off-street parking and circulation, loading docks, as well as compliance with off-street parking standards, including other reasonable mitigation.
      2. Detrimental effects on the adequacy of utility systems, snow removal, service delivery, and capacities, including the need for such items as relocating, upgrading, providing additional capacity, or preserving existing systems, including other reasonable mitigation.
      3. Detrimental effects on connectivity and safety for pedestrians and bicyclists.
      4. Detrimental effects by the use due to its nature, including noise that exceeds sound levels normally found in residential areas, odors beyond what is normally considered acceptable, within a neighborhood including such effects as environmental impacts, dust, fumes, smoke, odor, noise, vibrations; chemicals, toxins, pathogens, gases, heat, light, electromagnetic disturbances, and radiation. Detrimental effects by the use may include hours of operation and the potential to create an attractive nuisance.
      5. Detrimental effects that increase the risk of contamination of or damage to adjacent properties and injury or sickness to people arising from, but not limited to, waste disposal, fire safety, geologic hazards, soil or slope conditions, liquefaction, potential, site grading/topography, storm drainage/flood control, high ground water, environmental health hazards, or wetlands.
      6. Detrimental effects of modifications to exterior lighting that conflict with abutting and nearby properties.
      7. Detrimental effects arising from site or building design in terms of use, scale, intensity, height, mass, setbacks, character, construction, solar access, landscaping, fencing, screening, and architectural design and exterior detailing/finishes and colors within the area, defined as the properties within one thousand feet (1,000') of the subject property, in which the conditional use will be located.
      8. Detrimental effects on public safety, emergency fire service and emergency vehicle access.
      9. Detrimental effects on usable/functional/accessible open space.
      10. Inadequate maintenance of the property and structures in perpetuity including performance measures, compliance reviews, and monitoring.
      11. Detrimental effects on appearance from graffiti.
3. Decision: Each conditional use application shall be:
   1. Approved if the proposed use, including the manner and design in which a property is proposed for development, complies with the standards of this Code for approval or as outlined in subsection B of this section; or
   2. Approved with conditions if the anticipated detrimental effects of the use, including the manner and design in which the property is proposed for development, can be mitigated with the imposition of reasonable conditions to bring about compliance with the standards outlined in subsection B of this section; or
   3. Denied if the anticipated detrimental effects of the proposed use cannot be mitigated with the imposition of reasonable conditions of approval to bring about compliance with the standards outlined in subsection B of this section.
4. Change In Market Value: A change in the market value of real estate shall not be a basis for the denial of a proposed conditional use. (Ord. 2017-26, 12-13-2017)
   

The applicant and/or any person adversely affected by a decision of the Planning Commission regarding the transfer, issuance, or denial of a conditional use permit may appeal such decision to the Appeals and Variance Hearing Officer, acting as the Appeal Authority, by filing written notice of appeal with the Planning Department within ten (10) calendar days from the date of such decision. (Ord. 2017-26, 12-13-2017)

A conditional use permit shall expire and become null and void if the permit has not been implemented by the recipient within one year of the date of approval. The permit shall be considered implemented if the recipient either engages or participates in the conditional use or completes substantial construction on the project for which the permit was granted. (Ord. 2017-26, 12-13-2017)

The Zoning Administrator or designee may review approved conditional use permits at any time for compliance with all final conditions of approval.

If the Zoning Administrator or designee determines that the holder of a conditional use permit is in violation of the terms or conditions upon which the permit was issued, the City Recorder shall notice the permit holder and schedule an evidentiary hearing before the Planning Commission at which the permit holder must show cause to the Planning Commission why the conditional use permit should not be revoked. If the Planning Commission determines that the terms or conditions of the permit have been violated, it shall cause the permit holder to specify how the holder will promptly comply with the terms and conditions of the permit in a designated time frame, or it shall revoke the permit if the applicant is not able and willing to comply with the previously set conditions in a reasonable time frame. The Planning Commission shall detail such findings for revocation in their final decision. (Ord. 2017-26, 12-13-2017)

A violation of any of the terms of this chapter or any conditions imposed as part of a conditional use permit shall be unlawful. Such violations may be remedied or punished as allowed by law with penalties as specified in title 1, chapter 4 of this Code. (Ord. 2017-26, 12-13-2017)