This chapter provides procedures and standards for the review and approval of conditional uses, as designated within the zoning classifications of this Code. Conditional uses provide zoning flexibility, but, due to their potentially adverse impacts, require the site-specific review processes established in this chapter.

(Code 1992, § 17.66.010)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Affected property owner means any owner of property located within the required radius for written notification of public hearing.

Conditional use means a use which, due to its greater potential for nuisance or hazard than other uses of the zone, has its establishment in a zone conditional upon the procedures and standards of this chapter.

(Code 1992, § 17.66.020)

A.

General procedure. Conditional use permits shall be in accordance with the laws of the state and all other applicable city ordinances and shall require the following action:

1.

Study and recommendation concerning the proposed amendment by the planning and zoning commission;

2.

Completion of a public hearing before the city council after at least 15 days' notice of the time and place of such hearing shall have been given by at least one publication in a newspaper of general circulation within the city.

3.

Application.

a.

A conditional use may be requested by submitting a conditional use permit application to the building official who shall forward it to the planning and zoning commission. Issuance of the permit is subject to the requirements of this chapter and any requirements of the zone in which the use is being requested.

b.

Application for a permit may only be made by the property owner of the subject property or an agent for the property owner.

c.

Staff consultation. The applicant is advised to consult with city staff concerning potential requirements prior to submittal of the application.

d.

The complete application shall include, at a minimum:

i.

A legal description of the property;

ii.

A list, by name and title, of all ownership interest in the property;

iii.

Applicable permit fees, in accordance with the adopted conditional use permit fees schedule;

iv.

A floor plan detail, when the request pertains to interior access or use.

4.

Findings. The applicant must demonstrate that all of the following findings are met:

a.

The conditional use complies with the objectives of the general plan or the area plan in which the property is situated;

b.

The conditional use conforms to the zoning regulations applicable for that use and the zone in which it is located;

c.

The conditional use does not adversely impact adjacent property or the surrounding neighborhood or area, or that such impacts can be substantially mitigated through the use of additional conditions;

d.

The conditional use provides for adequate and efficient vehicular and pedestrian access, circulation and parking;

e.

The conditional use can be adequately and efficiently served by public and utility facilities and services;

f.

The conditional use will meet standards in terms of control of noise, smoke, glare or heat, odors, vibrations, fly ash, dust, fumes, vapors, gases and other forms of air pollution, liquids and solid wastes; and

g.

Hours of operation will not be detrimental to adjoining residents.

B.

Review procedure. Before submitting a report and recommendation on any proposed amendment to the zoning district map of the city, the planning and zoning commission shall hold a public hearing on the proposed amendment with the following special conditions required:

a.

The planning and zoning commission shall send a written notice of said hearing at least seven days prior to the hearing date to the property owners of most recent tax record within the area, requesting rezoning and to the owners of property adjacent to the areas proposed for rezoning. Failure to mail such notice to every property owner due to clerical omissions shall not affect the validity of any hearing or determination of the planning and zoning commission.

b.

The applicant shall be charged a fee to cover the cost of advertising and processing.

C.

Protest. If 20 percent or more of the owners of the lots within the area proposed for change, or those adjacent to or directly opposite thereto for a distance of 140 feet therefrom, protest against the proposed use, such use shall not become effective unless a favorable vote of three-fourths of the city council is given.

D.

Time limits and time extensions.

1.

Time limit on conditional use approval.

a.

Approval for a conditional use shall expire if conditions of approval are not met, or permits issued for the new use or structure, within 12 months of the date of approval.

b.

A new conditional use permit application is required after the expiration of the initial approval, unless a time extension has been granted.

2.

Extension of approval time limit. A request for a six-month time extension may be made.

3.

Time limit on conditional use permits.

a.

A conditional use permit shall be valid for the duration of the conditional use, provided the use remains in conformance with the terms of approval.

b.

If a conditional use is discontinued for more than 12 months, the permit shall be deemed null and void, and reapplication for a new conditional use permit shall be necessary.

c.

A conditional use permit may transfer to new ownership or management of property or use, subject to review and approval by the planning and zoning commission.

(Code 1992, § 17.66.030)