The intent of conditional use permits are to ensure that specific uses, specific formats of uses, or site and building design elements of specific uses have an elevated site plan review to ensure that it is sited and operated in a compatible manner with the specific context. This review process provides an elevated site plan review for situations we expect to be compatible with the zoning district, but where administrative judgment is reserved and conditioned on a specific site plan. Approvals may be specific conditions that the use or site element must meet, elevated scrutiny of the general site plan criteria for the particular use or site, or limited time periods where performance and operation of the proposed plan may be reevaluated periodically.

(Ord. 2407, Sec. XIII, 2019)

The conditional use permit process applies to any uses identified as a conditional use in the use table in chapter 19.27 as well as any use or site element listed in section 19.30.050 that has specific conditions to be applied on a case by case basis.

(Ord. 2407, Sec. XIII, 2019)

The process for a conditional use permit shall be the same as a site plan provided in chapter 19.32.

(Ord. 2407, Sec. XIII, 2019)

In making a decision on a conditional use permit and site plan, the planning commission shall evaluate the following criteria that are relevant to the request:

(a)

The proposed conditional use complies with all applicable provisions of these regulations, including intensity of use regulations, yard regulations, and use limitations;

(b)

The proposed conditional use meets any specific standards or limitations for the particular use listed in this chapter.

(c)

The proposed conditional use meets all of the site plan review criteria in section 19.32.030.

(d)

The proposed conditional use at the specified location is adequately planned, designed, located, and limited to not cause any impacts on the character of the area, the public streetscape, or adjacent property, different from any other permitted use.

(e)

In meeting these criteria, the planning commission may place additional conditions that it deems appropriate to ensure that the criteria are met based on the particular context, site, or plan.

(Ord. 2407, Sec. XIII, 2019)

In deciding on a conditional use permit, the planning commission may:

(a)

Approve the application based upon the proposed site plan.

(b)

Approve the application based upon additional conditions to the proposed site plan, or any additional limitations on the design or operations of the proposed use.

(c)

Deny the application, and state specific circumstances that make the use or design incompatible with that site.

(d)

In approving any application, the planning commission may place a reasonable time limit on the permit. The reasonableness of any time limit shall be balanced based on the level of initial investment in the use, the potential for any conflicts or changes in impacts over time, and the need for periodic review to ensure conformance with the site plan and any other conditions.

(e)

Conditional use permits may be assigned, conveyed, or transferred to another owner or operator, subject to a signed statement by the new owner or operator that they will abide by all conditions of the approval.

(f)

Appeal of a decision on a conditional use permit may be made by the applicant, a government official, or agency impacted by the decision, or any person aggrieved by the decision where detrimental effects on a property or business interest may be shown. Appeals shall be filed with the city clerk within 15 days of the planning commission decision. Appeals will be heard by the city council at its next regular scheduled meeting. The city council shall consider the appeal under the same procedures and criteria of the planning commission, and the city council may make any decision that was available to the planning commission, except that it must find a clear error by the planning commission in applying the facts to the criteria in order to over-ride the decision. Provided, this section shall not apply to any person who is availing themselves of the appeal provisions set forth in K.S.A. 66-2019(h)(6), as amended, as codified in Section 19.33.020(e) of the city zoning regulations (or in Federal Communications Commission (FCC) Declaratory Ruling dated September 27, 2018, in WT Docket Nos. 17-79 and 17.84 (FCC 18-133, 33 FCC Rcd 9088), to the extent such FCC Declaratory Ruling applies and/or is in effect.

(Ord. 2407, Sec. XIII, 2019)

The following uses may be permitted by conditional use permit:

(a)

Temporary use of land for commercial or industrial purposes; provided that any building or structure constructed thereon which is not otherwise permitted in the district in which such land is situated, and any stored equipment or material shall be removed upon the date of expiration of the conditional use permit, which permit shall be valid for not more than two years.

(b)

Off-street parking lots and parking structures;

(c)

Drive-up services for non-food businesses may be approved in C-O, C-1, or C-2 by a conditional use permit provided the following criteria are met:

(1)

The service area and any circulation or stacking areas are designed and located in a way that minimizes impacts on any adjacent residential uses. This may include locating the service area at a remote part of the site, using enhanced screening and buffering of service areas, limiting the hours of operation and anticipated peak times of the operations, or demonstrating other operational or technical controls that will clearly meet the city's noise ordinance standards.

(2)

The access and circulation does not present any disruption to surrounding traffic patterns in the street, any pedestrian access points to the site, or along the streetscape beyond ordinary vehicular access.

(3)

No food or beverage services are permitted. Drive-through retail food and beverage services require a special use permit according to the procedures and criteria in section 19.28.

(d)

Satellite dish antennas, with a diameter of one meter or greater and those not permitted in section 19.34.040 (d); and non-commercial transmitting and receiving antennas and towers;

(e)

Property Maintenance Facilities. Buildings, structures and premises for property maintenance facilities, and uses;

(f)

Limited Outdoor Sales and Services - The limited display of merchandise or services on a sidewalk or an exterior private area of a site associated with the otherwise permitted non-residential use and building. The merchandise display or services are further limited by the following, unless otherwise permitted:

(1)

It only occurs during business hours;

(2)

All merchandise or equipment other than furniture associated with customer seating is removed from the site and brought indoors during non-business hours; and

(3)

The display or service area is designed in a manner that is incidental to or integrates with the building and other site design elements in a manner that minimizes potential impacts on adjacent property.

(g)

Utility boxes or accessory equipment (as defined in chapter 19.33) that have a footprint larger than 12 square feet in area, a pad greater than two and one-half times the area of the utility box footprint or greater than 32 square feet; or have a height of more than 56 inches, except to the extent the same constitutes an eligible facilities request under chapter 19.33 of the city zoning regulations.

(1)

For utility boxes, facilities, or accessory equipment to be located in the public right-of-way, and for which a conditional use permit is required, in addition to the factors set forth in section 19.30.030 above, consideration shall be given to the requirements and design standards set forth in chapter 13, article 5 of the City Code (use and Occupancy of the Public Right-of-Way), as amended from time to time.

(2)

Prior to consideration by the planning commission, the applicant must hold a neighborhood meeting and invite all persons to whom notice is required to be given under the citizen participation policy. The applicant must consider and receive input on whether it is feasible to incorporate or adopt the city's design standards or requirements, and what other reasonable alternatives are available based on the circumstances, context, and streetscape designs and constraints of the specific site. The applicant must present the results from the neighborhood meeting as part of the justification for any conditional use permit request.

(Ord. 2407, Sec. XIII, 2019)