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Farr West City Zoning Code

CHAPTER 17

48 CONDITIONAL USES

17.48.010: PURPOSE AND INTENT:

   A.   A property owner or owners may request a conditional use permit by completing and submitting to the city recorder, along with the required fee: an application for issuance of conditional use permit, a complete legal description of the property where the conditional use will be applied, and a list of all adjacent property owners within three hundred feet (300') of the property proposed for a conditional use, including their addresses. The city will notify these property owners of the public hearing for the proposed conditional use. Permits for conditional uses shall be authorized only after approval thereof has been given by the city council upon recommendation by the planning commission.
   B.   The planning commission review of conditional uses shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development in accordance with existing and future needs. In making a recommendation on conditional uses, the planning commission shall consider the existing zoning and use of the surrounding property, the present and future requirements for street, off street parking, and off street parking in relation to exits and entrances from public streets, pedestrian and vehicular traffic circulation, availability of water and other utilities, and other public requirements. The city council, upon recommendation from the planning commission or on its own motion, may impose reasonable conditions as are necessary to protect the rights of surrounding property owners and tenants and to carry out the purposes of this chapter and characteristics of the respective zones. (Ord. 15-07)

17.48.020: BASIS FOR ISSUANCE OF CONDITIONAL USE PERMIT:

A conditional use permit shall not be authorized unless a public hearing is held and evidence is presented to establish:
   A.   That the proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the community; and
   B.   That such use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons nor injurious to property or improvements in the community, but will be compatible with and complementary to the existing surrounding uses, buildings, and structures when considering traffic generation, parking, building design and location, landscaping and signs; and
   C.   That the proposed use will comply with the regulations and conditions specified in this title for such use; and
   D.   That the proposed use conforms to the goals, policies and governing principles and land use of the master plan for Farr West City; and
   E.   That the proposed use will not lead to the deterioration of the environment, or ecology of the general area, nor will produce conditions or emit pollutants of such a type or of such a quantity so as to detrimentally affect, to any appreciable degree, public or private property including the operation of existing uses thereon, in the immediate vicinity or the community or area as a whole. (Ord. 2010-03)

17.48.030: APPEALS:

   A.   The decision of the planning commission may be appealed to the city council by filing such appeal within fifteen (15) days after the date of the notice of decision sent with the application.
   B.   The city council may uphold or reverse the decision of the planning commission and impose any additional conditions that it may deem necessary in granting an appeal. The decision of the city council shall be final. (Ord. 97-10 § 2: Ord. 93-003 § 4-3)

17.48.040: BUILDING PERMIT:

Upon receipt of a conditional use permit, the developer shall take such permit to the building inspector, who will review the permit and conditions attached. Based on this review and compliance with any other items that might develop in the pursuance of his or her duties, the building inspector may approve an application for a building permit and shall ensure that development is undertaken and completed in compliance with said permit conditions pertaining thereto. (Ord. 93-003 § 4-4)

17.48.050: PERMIT EXPIRATION:

Unless there is substantial action under a conditional use permit within a period of one year of its issuance, as determined by the planning commission, the conditional use permit shall expire. The planning commission may grant a maximum extension of six (6) months under exceptional circumstances. (Ord. 93-003 § 4-5)