The purpose of this chapter and the intent of the City in its adoption is to promote the health, safety, convenience and general welfare of the present and future inhabitants of the City. This chapter accomplishes the aforesaid purpose and intent by providing sufficient flexibility to allow in certain areas compatible integration of uses which are related to the permitted uses of the district or are of a temporary nature only, but which may be suitable and desirable only in certain locations in that district due to conditions and circumstances peculiar to that location or upon certain conditions which make the uses suitable or only if such uses are designed, laid out and constructed on the proposed site in a particular manner. While flexibility in allowing uses which would otherwise be generally unsuitable to a given district is an important goal of this chapter, it is also recognized that constraints on governmental decision making are a legal imperative. This chapter, therefore, also provides a framework of standards within which those governmental decisions must be made. (Ord. 2024-01, 1-16-2024)

   A.   Conditional Use Permit Required: A conditional use permit shall be required for all uses listed as conditional uses in this Title.

   B.   Preapplication Procedures: To facilitate the handling of applications, the Community Development Department may adopt preapplication procedures to allow for adequate investigations and staff review and may require compliance with such preapplication review procedures as a prerequisite to formal application and action by the Planning Commission. Preapplication review shall in no way be interpreted to mean review by the Planning Commission.

   C.   Requirements: An application for a conditional use permit shall be filed with the Community Development department on a form provided for such request, and shall include the following:

      1.   Signature of the property owner or his authorized representative;

      2.   Payment of the review fee as specified in the current fee schedule;

      3.   A detailed description of the proposed use, including all pertinent information related to the use and applicable to the conditional use including, but not limited to:

         a.   A site plan and building floor plan detailing the area to be used in operation of the conditional use, any onsite features existing or proposed such as detention/retention facilities, fencing, landscaping, parking, building footprint, or other site amenities;

         b.   A general description of the major activities associated with the conditional use (indoor and outdoor), such as the number of employees, equipment used, hours of operation, etc. as applicable;

         c.   A description of any disruptive impacts the conditional use may have on properties adjacent to or in the vicinity, such as noise, chemical use or storage, lighting, or odors;

         d.   A description of any potential health hazards to employees, customers, or residents adjacent to or in the vicinity of the conditional use, including potential hazards created by accidental chemical release or other emergency;

         e.   A description of the expected traffic generated by the conditional use such as passenger vehicles and delivery trucks, including hours and frequency.

         f.   A description of future land uses expected on the site, such as additional building construction and expansion of the current or proposed land use;

         g.   A description of the expected water and sewer demand for the conditional use;

         h.   A description of any potential environmental impacts, such as emission, dust generation, or storm water drainage;

         i.   All proposed mitigation measures to address potential impacts related to the conditional use;

         j.   For new construction or conditional uses which will require site or public improvements, a concurrent site plan application is required.

   D.   Submission And Docketing For Review: Upon receipt of a complete application, including payment of all required fees and submission of all necessary documentation related to the proposed use, the Community Development Director and other members of the development review staff, shall review the application for completeness and compliance with the provisions of this Title and other pertinent City regulations. When the Community Development Director, or designee, determines that the application is properly prepared and ready for submission to the Planning Commission for review, the application will be docketed for review at the next regular public meeting of the Planning Commission. Incomplete applications shall not be docketed for Planning Commission review.

   E.   Action By Planning Commission:

      1.   A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards.

      2.   If the reasonably anticipated detrimental effects of a proposed conditional use cannot be mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied.

   F.   Public Hearings: A public hearing may be held when deemed by the Planning Commission to be in the public interest and shall be noticed as a class B notice sent to any affected entities and all property owners within three hundred feet (300') of the property boundary a minimum of ten (10) calendar days prior to the hearing date. However, in the following instances, the holding of a public hearing shall be mandatory:

      1.   The Planning Commission determines that existing streets and thoroughfares are not suitable and adequate to carry anticipated traffic or on-street parking demand, and increased densities resulting from the proposed use may generate traffic in such amounts as to overload the street network outside the district.

      2.   The Planning Commission determines that increases in miscellaneous traffic, light, odor or environmental pollution generated by the proposed use may significantly change the intended characteristics of the district as outlined in this Title, or may present unsuitable safety risks to inhabitants of the district.

      3.   The Planning Commission determines that the architectural design of the proposed use varies significantly from the architectural characteristics of the district (as outlined in this Title) in which such use is proposed.

   G.   Appeal: Any decision made in the administration of this chapter may be appealed as outlined in 10-2-2 of this Title.

   H.   Revocation Of Permit:

      1.   Temporary Suspension: In the event any person holding a conditional use permit pursuant to this chapter violates the terms of the permit, or conducts or carries on said site development in such a manner as to materially adversely affect the health, welfare or safety of persons residing or working in the neighborhood of the property of the said permittee, a temporary suspension may be made effective immediately upon notification by the Community Development Director.

      2.   Hearing; Notice: No conditional use permit shall be permanently revoked or suspended until a hearing is held by the Planning Commission. The permittee shall be notified in writing of such hearing and said notification shall state:

         a.   The grounds for complaint or reasons for the revocation or suspension, in clear and concise language.

         b.   The time and place such hearing is to be held. Such notice shall be served by registered mail or personal service on the permittee at least ten (10) calendar days prior to the date set for the hearing. At any such hearing, the permittee shall be given an opportunity to be heard, and he may call witnesses and present evidence on his behalf. Upon conclusion of such hearing, the Planning Commission shall determine whether or not the permit shall be suspended or revoked.

         c.   Action by the Planning Commission to revoke a conditional use permit may be appealed in accordance with City Code section 10-2-2.

   I.   Expiration Of Permit: Every conditional use permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within one (1) year, or is not completed within two (2) years from date of issue. If the permit holder presents satisfactory evidence that unusual difficulties have prevented work being started or completed within the specified time limits, the Planning Commission may grant a reasonable extension of time, up to one (1) year, if written application is made before the expiration of the permit.

   J.   Inspections: Following the issuance of a conditional use permit, the Community Development Director, or designee, with the assistance of any other applicable department shall inspect such use to ensure that development is undertaken and completed in compliance with the conditional use permit. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; Ord. 01-05, 4-3-2001; Ord. 2024-01, 1-16-2024)

   A.   Conditions Relating To Safety For Persons And Property: Applicants for conditional use permits shall meet all specific requirements made in this Title. In addition, the Planning Commission may require additional studies or reports from qualified subject matter experts for recommendations related to mitigation of concerns of safety for persons and property, health and sanitation, environment, general plan proposals and neighborhood needs, performance and administration. More specifically, the Planning Commission may require:

      1.   Building elevations and grading plans which will prevent or minimize floodwater damage, where property may be subject to flooding.

      2.   The relocation, covering or fencing of irrigation ditches, drainage channels, and other potential attractive nuisances existing on or adjacent to the property.

      3.   Increased setback distances from lot lines where the Planning Commission determines it to be necessary to ensure the public safety and to ensure compatibility with the intended characteristics of the district as outlined in this Title.

      4.   Appropriate design, construction and location of structures, buildings and facilities in relation to any earthquake fault hazard which may exist on the property, and limitations or restrictions on the use and/or location of uses due to special site conditions, including, but not limited to, geologically hazardous areas, floodplains, fault zones and landslide areas.

      5.   Limitations and control of the number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and appearance and harmony with adjacent development.

      6.   Plans for the location, arrangement and dimensions of truck loading and unloading facilities.

      7.   Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants and street lighting.

      8.   Reduction of permitted street grades for winter and storm conditions or exposure.

      9.   Fences shall not create visual nor other safety hazards. Backing movements, passing vehicles, sidewalk traffic or small children shall be considered in the location of fences.

      10.   Mitigation strategies as recommended in any required studies or reports.

   B.   Conditions Relating To Health And Sanitation:

      1.   Water: A guarantee of sufficient water to serve the intended land use and a water delivery system meeting standards adopted by the City Council.

      2.   Wastewater And Waste Disposal Systems: A wastewater disposal system and a solid waste disposal system meeting standards adopted by the City Council.

      3.   Water, Sewer And Drainage Facilities: Construction of water mains, sewer mains and drainage facilities serving the proposed use, in sizes necessary to protect existing utility users in the district and to provide for an orderly development of land in the City.

   C.   Environmental Concerns:

      1.   Sensitive Areas: Limitations or restrictions on the use or location of uses in sensitive areas due to soils capabilities, wildlife and plant life.

      2.   Pollution: Processes for the control, elimination or prevention of land, water or air pollution; the prevention of soil erosion; and the control of objectionable odors.

      3.   Ground Cover: The planting of ground cover or other surfacing to prevent dust and erosion.

      4.   Structuring Land: Restructuring of the land and planting of the same as directed by the Planning Commission when the conditional use involves cutting and/or filling the land and where such land would be adversely affected if not restructured.

   D.   Conditions Relating To Compliance With Intent Of General Plan And Characteristics Of Vicinity (Or Neighborhood):

      1.   Incompatible Characteristics: The removal of structures, debris or plant materials, incompatible with the intended characteristics of the district outlined in this Title.

      2.   Screening: The screening of yards or other areas as protection from obnoxious land uses and activities.

      3.   Landscaping: Landscaping to ensure compatibility with the intended characteristics of the district as outlined in this Title.

      4.   Walls, Fences, Hedges And Screening: Limitations or controls on the location, height and materials of walls, fences, hedges and screen plantings to ensure harmony with adjacent development, or to conceal storage areas, utility installations or other unsightly development.

      5.   Structure Relocation: The relocation of proposed or existing structures as necessary to provide for future streets on the major street plan of the City, adequate sight distances for general safety, groundwater control or similar problems.

      6.   Recreational Facilities: Provision for or construction of recreational facilities necessary to satisfy needs of the conditional use.

      7.   Density; Intensity: Population density and intensity of land use limitations where land capability or vicinity relationships make it appropriate to do so to protect health, safety and welfare, or conservation of values.

      8.   Other Improvements: Other improvements which serve the property in question and which may compensate in part or in whole for possible adverse impacts to the district from the proposed conditional use.

      9.   Fencing: The character of the neighborhood and aesthetics of the streetscape shall be considered in the location of fences and in determining the reduction of any front yard for fencing purposes.

   E.   Conditions Relating To Performance:

      1.   Time limits on the validity of the conditional use permit. Such time limits shall be determined by the following guidelines:

         a.   A conditional use permit for uses which are of a temporary nature only may be issued for the intended duration of the temporary use or for two (2) years, whichever period of time is shorter.

         b.   Unless there is substantial and positive development action under a conditional use permit within a period of one (1) year of its issuance, said permit shall expire. The Planning Commission may grant a maximum extension for one (1) year, when deemed in the public interest.

      2.   A bond or other valuable assurance in favor of the City in an amount to be determined by the City. The amount of said bond or other valuable assurance shall be calculated by the City Engineer.

      3.   Specific short and long range plans of development may be required to demonstrate timeliness, feasibility and impact on the public.

   F.   Energy Conservation Concerns And General Performance:

      1.   Solar orientation of buildings and uses.

      2.   Use of renewable energy sources.

      3.   Efficiency of exterior lighting.

      4.   Shading and protection of important buildings and pavings (parking lots, etc.), landscaping and trees, location of buildings and screens.

      5.   Effective use of vestibules.

      6.   Wind screening.

      7.   Circulation (travel) efficiency.

      8.   Efficiency of stormwater removal and erosion control.

      9.   Maintenance efficiency for on site improvements to be maintained by users, occupants and owners, etc. (Ord. 2024-01, 1-16-2024)