The purpose and intent of the provisions for conditional uses is to recognize that there are certain uses with unique characteristics and unusual impacts on surrounding property, which cannot be properly classified in any particular zoning district without individual review and consideration.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.65.010)

The city council shall have the authority to pass an ordinance granting a conditional use, subject to the provisions of this chapter.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.65.020)

The granting of a conditional use shall be contingent on the extent to which affirmative findings are made with respect to each of the following standards:

A.

Site characteristics. The suitability of the subject property for the intended conditional use with respect to its size; shape; significant natural features including topography, watercourses, and vegetation; and existing improvements.

B.

Sewer and water. The suitability of the subject property for the intended conditional use with respect to the availability of adequate municipal water, wastewater treatment, and stormwater control facilities.

C.

Traffic and parking. The suitability of the subject property for the intended conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion.

1.

Nonresidential land uses should be located central and accessible to the area or population served without requiring traffic movements through or into a residential neighborhood. Nonresidential land use should not be located within residential neighborhoods, but on their periphery as defined by the arterial street system.

2.

The number of locations for vehicular access to or from a public right-of-way should be limited to those which are necessary for the reasonable use of the property and consistent with current traffic engineering standards. Property with two (2) street frontages should not be permitted access to or from the street with the higher degree of continuity within the overall street system or with the higher traffic volume. With the exception of residential driveways, locations for vehicular access to or from a public right-of-way should be aligned directly opposite existing or approved locations across the street.

D.

Location, design, and operation. The suitability of the subject property for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of this title and chapter.

E.

Historic preservation. Where applicable, the suitability of the subject property for the intended conditional use with respect to making possible an efficient contemporary use of, or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to a historic preservation plan and subject to the provisions of title 20.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.65.030)

An application for a conditional use shall include the following documents:

A.

Application form. Applications shall be made on forms provided by the community development department.

B.

Statement of purpose and conformance. A specific written statement addressing the nature of and the reasons for the proposed conditional use and demonstrating conformance to the standards for conditional uses.

C.

Plat of survey. A plat of survey prepared by a land surveyor registered in the state including the subject property's location by range, township, and section or by other legal description; and the property's total acreage.

D.

Site plan. A site plan drawn to scale showing the following information:

1.

Boundary lines of the proposed conditional use; the location, size, widths, names, or types of improvements of all existing rights-of-way, easements, or public property within the subject property and to a distance of fifty (50) feet beyond the property.

2.

Proposed building setbacks from lot lines indicating the dimensions of each, the exact location of all proposed buildings and structures indicating dimensions, and the exact location of proposed off-street parking and loading facilities including approaches, driveways, aisles, stalls, site lighting, berths, and setbacks indicating dimensions.

3.

Proposed landscaping in sufficient detail to demonstrate conformance with the provisions of section 19.12.700.

4.

A graphic engineering scale not less than one (1) inch equals fifty (50) feet, a north point designated as north, and the date of preparation of the original and any revisions to the site plan.

E.

Consent and disclosure.

1.

The written consent of the owner or owners authorized representative.

2.

For applications filed by a corporation or a partnership, the names, addresses, and telephone numbers of all officers.

3.

For applications where the subject property is held in a trust, the names, addresses, telephone numbers, and the beneficial interest of each beneficiary.

4.

If the applicant is not the owner of record, a copy of the contract option, or an explanation of the proprietary interest.

F.

Impact assessments. Written impact assessments as may be required by the development administrator in order to adequately evaluate the effect of the proposed conditional use on the environment, community facilities, traffic, and surrounding land use. Methodologies for such assessments shall be as determined by the development administrator.

(Ord. No. G6-15, 2015; Ord. No. G66-94, § 1, 1994; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.65.040)

A.

Initiation. Application for a conditional use may be initiated by direction of the city council, the planning and zoning commission, or the development administrator. Application for a conditional use may also be initiated by the owner of the property described in the application, the contract purchaser of such property, the option holder, or by such persons with a substantial proprietary interest in the property to be considered, but only with the written consent of the owner or owners authorized representative.

B.

Terms. No more than one (1) application for a conditional use on the same property shall be accepted within a twelve (12) month period commencing on the date of the original application unless the development administrator determines that it has substantially changed from the application previously considered.

(Ord. No. G4-12, 2012; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.65.050)

A.

Development administrator. The applicant shall submit one (1) copy of the required documents with the required fees to the development administrator. The development administrator shall review the application, publish notice of the public hearing date as provided by statute, and forward the application, and the written findings and recommendations of the community development department to the planning and zoning commission.

B.

Planning and zoning commission. The planning and zoning commission shall hold a public hearing pertaining to the application of which there shall be taken an accurate verbatim account in transcript form. The development administrator shall forward the application, the written findings and recommendations of the community development department, the written findings and recommendations of the planning and zoning commission, and the transcript of the public hearing to the city council. The applicant shall submit additional copies of the required documents as required by the development administrator.

C.

City council. The city council may pass an ordinance granting a conditional use. If city council does not approve the application as described within this subsection C within twelve (12) months of the close of the public hearing, the application shall be considered denied.

(Ord. No. G6-15, 2015; Code 1976, § 19.65.060)

A.

Findings of fact. The planning and zoning commission shall recommend the approval or denial of an application for a conditional use to the city council. The planning and zoning commission's recommendation shall be contained within a written findings of fact which shall set forth with particularity the extent to which the application conforms to the standards for conditional uses.

B.

Conditions of approval.

1.

The planning and zoning commission may recommend, and the city council may require such conditions and restrictions on the impact, location, design, construction, and operation of the conditional use as may be deemed necessary to promote the purpose and intent of this title and chapter.

2.

The granting of a conditional use shall thereby repeal any previously granted conditional use for the same property.

3.

A conditional use shall expire if not established within one (1) year from the date of passage of the ordinance granting the conditional use.

4.

A conditional use shall not be reestablished subsequent to abandonment through a discontinuation of use for three hundred sixty-five (365) consecutive days, regardless of any reservation of an intent to reestablish such conditional use.

(Ord. No. G4-12, 2012; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.65.070)

Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this chapter may be appealed subject to the provisions of chapter 19.75.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.65.080)

Map amendments shall be subject to the provisions of chapter 19.82.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.65.090)

Amendments shall be subject to the provisions of chapter 19.85.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.65.100)