Every zoning district contains certain buildings, structures and uses of land which are normal and complementary to permitted principal uses in the district, but which, by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions, are often incompatible with adjacent activities and uses. It is the intent of this title to permit conditional uses in appropriate zoning districts, but only in specific locations within such districts and only when designed and developed in a manner which assures maximum compatibility with adjoining uses. It is the purpose of this chapter to establish principles and procedures essential to proper guidance and control of such uses.

(Ord. No. 2017-21, § 1, 12-19-2017; Prior code § 13.5.1)

A.

Zoning district regulations established elsewhere in this title specify that certain buildings, structures and uses of land may be allowed by the commission as permitted conditional uses in a given district subject to the provisions of this chapter and to requirements set forth in district regulations. The city planning and zoning commission is empowered to grant and to deny applications for conditional use permits and to impose reasonable conditions upon them.

B.

Every conditional use permit issued shall be binding on the applicant, his heirs and assigns. It shall be applicable only to the specific use and to the specific property for which it is issued. Only one valid conditional use permit for the same or similar purpose may be outstanding for any specific property at any one time. Upon completion and final inspection by the building inspector of any authorized structure or structures, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the conditional use permit shall run with the land, whereupon the maintenance of special conditions imposed by the permit, as well as compliance with other provisions of this chapter and this title, shall be the responsibility of the property owner.

C.

Nothing in this provision shall be construed as limiting the commission's and/or council's power to terminate a conditional use permit if a finding of noncompliance with the provisions of the permit, this chapter, this title or any other city, county or state code, law or regulation is made.

(Ord. No. 2017-21, § 1, 12-19-2017; Ord. 90-397 § 1; prior code § 13.5.2)

Application for a conditional use permit shall be filed with the zoning administrator on a form prescribed by the commission. The application shall be full and complete, and shall be accompanied by a detailed site plan showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and requirements of this title. The applicant shall furnish the commission any additional information it may consider relevant to investigation of the case.

(Ord. No. 2017-21, § 1, 12-19-2017; Ord. 93-566 § 3 (part); prior code § 13.5.3)

The application for a conditional use shall be accompanied by a filing fee in an amount established by a schedule adopted by resolution of the council, and filed in the offices of the city clerk.

No part of the filing fee shall be returnable. Payment of the filing fee shall be waived when the petitioner is an official or agency of the city, county, state or federal government.

(Ord. No. 2017-21, § 1, 12-19-2017; Prior code § 13.5.8)

A.

It is the express intent of this section that any use for which a conditional use permit is required shall be permitted as a principal use in the particular zoning district, provided that all special conditions and requirements of this title are met. Therefore, the action of the commission shall be one of approval or denial based upon its judgements as to whether the specified conditions have been or will be met. The commission shall consider not only the nature of the use and the special conditions influencing its location in the particular district, but also the proposed location of buildings, parking and other facilities within the site, the amount of traffic likely to exert on adjoining properties.

B.

An application for a conditional use permit shall be processed and heard as if it were a request for a zoning change and shall meet the procedure requirements for a zoning change as set forth in Chapter 17.52 of this code.

C.

In order to grant any conditional use permit, the findings of the commission must be that the establishment, maintenance or operation of the use of building applied for will not be detrimental to the public health, safety, peace, convenience, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. The commission may designate such conditions in connection with the conditional use permit as it deems necessary to secure the intent and purposes of this title, and may require such guarantees and evidence that such conditions are being or will be complied with.

D.

If the commission approves the application, it shall direct the zoning administrator to issue a conditional use permit setting forth all conditions and requirements governing such use, and shall make the approved site plan a part of the record of the case. Failure of the applicant to comply with the conditions and safeguards which are a part of the terms under which a conditional use permit is granted shall be deemed a violation of this title.

(Ord. No. 2017-21, § 1, 12-19-2017; Ord. 97-901 § 1; Ord. 93-566 § 3 (part); prior code § 13.5.4)

A.

Any person may file an appeal with city council over any decision of the planning and zoning commission regarding the granting or denying of conditional use permits. If no appeal is filed with the council within fifteen days after commission action, the action of the commission shall be considered final.

B.

When written appeal is filed with the city clerk, the council shall evaluate the request at their regular meeting and may approve or deny it. The council may elect to set the matter for a public hearing, and if such action is taken a legal notice shall be published at least once in a local newspaper of general circulation at least fifteen days prior to the hearing date.

C.

The council shall, within fifteen days after their regular meeting or public hearing, either uphold the action of the planning and zoning commission, reverse that action, or make a decision of its own findings.

D.

If the council makes a decision which upholds granting of a permit, the council may designate such conditions in connection with the permit as it deems necessary to secure the intent and purpose of this title and require such guarantees and evidences that such conditions are being, or will be, complied with.

E.

The council's decision shall be final and shall become effective immediately. Notice of the decision shall be mailed to the applicant at the address shown in the application.

(Ord. No. 2017-21, § 1, 12-19-2017; Ord. 93-566 § 3 (part); prior code § 13.5.5)

A.

Conditional use permits become effective upon compliance with the schedule of development established by the planning and zoning commission and/or city council at the time of approval.

B.

The commission shall establish a time limitation for all conditional use permits. Prior to the termination of this time limit, if the applicant wishes to continue the use, a new application shall be submitted to the commission for consideration to determine if the permit should be re-issued for an additional time period or be terminated.

C.

No person shall reapply for the same or substantially the same conditional use permit on the same or substantially the same plot, lot or parcel of land within a period of one year from the date of denial or revocation of the conditional use permit.

(Ord. No. 2017-21, § 1, 12-19-2017; Ord. 93-566 §§ 3 (part), 4; prior code § 13.5.6)

A.

Conditional use permits may be revoked by the development services director if the use has not been established or if the applicant has not complied with all terms and conditions imposed on the permit within the time frame established by the planning and zoning commission and/or city council at the time of approval.

B.

Any conditional use permit issued by the planning and zoning commission shall be considered null and void if construction does not conform to the originally approved site plan. Any deviations requested from the originally approved site plan, shall be processed as an amendment to the conditional use permit.

C.

The development services director shall notify the permittee of a violation or termination of a conditional use permit, by mail. Said notice shall explain the deficiencies and the time by which compliance must be obtained. If compliance is not obtained prior to the date established, the director shall revoke the permit and consider it null and void with no further action necessary.

D.

Appeal to any of the actions above is to the planning and zoning commission and must be filed with the development services director within fifteen days after receipt of the action. The decision of the planning and zoning commission is final.

(Ord. No. 2017-21, § 1, 12-19-2017; Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 93-566 § 3 (part), 5; prior code § 13.5.7)