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Donnelly City Zoning Code

CHAPTER 18

40 CONDITIONAL USE PERMITS

§ 18.40.010 Purpose and interpretation of conditional use.

A. 
Purpose. It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually.
B. 
Interpretation of Conditional Use. Any use which is permitted as a conditional use in a district under the terms of this title shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming one.
(Ord. 269, 9/15/2025)

§ 18.40.020 Conditional use permit processing.

A. 
An application shall be required as stipulated within DCC § 18.05.050.
B. 
Public hearing(s) and notice shall be required as stipulated within DCC § 18.05.060. Additionally, where a conditional use permit is requested for a height allowance of 100 feet or more, notice shall be provided individually by mail to property owners or purchasers of record within no less than three times the distance of the height requested.
(Ord. 269, 9/15/2025)

§ 18.40.030 Standards for conditional uses.

The council shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:
A. 
Will, in fact, constitute a conditional use as established in this title for the zoning district involved;
B. 
Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and/or this title;
C. 
Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
D. 
Will not be hazardous or disturbing to existing or future neighboring uses;
E. 
Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
F. 
Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
G. 
Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. 
Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and
I. 
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
(Ord. 269, 9/15/2025)

§ 18.40.040 Public sites and open spaces.

Public sites and open spaces shall conform to this title, including the following:
A. 
Natural Features. Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development.
B. 
Special Developments. In the case of planned unit developments the council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development.
(Ord. 269, 9/15/2025)

§ 18.40.050 Supplementary conditions and safeguards.

A. 
In granting any conditional use, the council may prescribe appropriate conditions, bonds and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this title.
B. 
A narrative statement shall be provided evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan.
C. 
Supplemental Information. Prior to granting a conditional use permit, the council may request studies from the planning staff or public agencies concerning social, economic, fiscal and environmental effects on the proposed conditional use.
D. 
Conditions of Permit. Upon the granting of a conditional use permit, conditions may be attached to said permit including, but not limited to, those:
1. 
Minimizing adverse impact on other development;
2. 
Controlling the sequence and timing of development;
3. 
Controlling the duration of development;
4. 
Assuring that development is maintained properly;
5. 
Designating the location and nature of development;
6. 
Requiring the provision for on site or off site public facilities or services; and
7. 
Requiring more restrictive standards than those generally required in this title.
E. 
Transfer of Permit. A conditional use permit is not transferrable from one parcel of land to another.
F. 
Effect of Issuance on Other Conditional Uses. A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits.
(Ord. 269, 9/15/2025)