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Salina City Zoning Code

CHAPTER 17

88 CONDITIONAL USES

17.88.010 Purpose And Intent

The purpose and intent of conditional uses is to allow in certain areas compatible integration of uses which are related to the permitted uses of the zone, but which may be suitable and desirable only in certain locations in that zone due to conditions and circumstances peculiar to that location and/or upon certain conditions which make the uses suitable and/or only if such uses are designed, laid out, and constructed on the proposed site in a particular manner.

(ZO § 8-1)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.88.020 Conditional Use Permit

A conditional use permit shall be required for all uses listed as conditional uses in the zone regulations. A conditional use permit may be revoked by the city council after review and recommendation by the planning commission, upon failure to comply with the conditions imposed with the original approval of the permit.

(ZO § 8-2)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.88.030 Review Procedure

  1. Application for a conditional use permit shall be made to the planning commission.
  2. Detailed location, site and building plan shall accompany the complete application forms provided by the city. For structures in existence, only a location plan need be provided.
  3. The application together with all pertinent information shall be considered by the planning commission at its next regularly scheduled meeting.
  4. The planning commission may call a specific public hearing on any application after adequate notice if it is deemed in the public interest. The planning commission shall take action on the application by the second meeting of the planning commission after the application filing date. A record of the hearing together with a recommendation for the denial or issuance of the conditional use permit with conditions of approval or reasons for denial shall be forwarded to the city council.

(ZO § 8-3)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.88.040 Determination

The planning commission may deny or permit a conditional use to be located within any zone in which the particular conditional use is permitted. In authorizing any conditional use, the planning commission shall impose such requirements and conditions necessary for the protection of adjacent properties and the public welfare.

(ZO § 8-4)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.88.050 Basis For Issuance Of Conditional Use Permit

The planning commission shall not authorize a conditional use permit unless evidence is presented to establish that:

  1. 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
  2. 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 complimentary to the existing surrounding uses, buildings and structures when considering traffic generation, parking, building design and location, landscaping and signs; and
  3. The proposed use will comply with the regulations and conditions specified in this title for such use; and
  4. The proposed use conforms to the goals, policies and governing principles and land use of the master plan for Salina City; and
  5. 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.

(ZO § 8-5)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.88.060 Appeal

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 the applicant. 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.

(ZO § 8-6)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.88.070 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 insure that development is undertaken and completed in compliance with said permit and conditions pertaining thereto.

(ZO § 8-7)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.88.080 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 of six months under exceptional circumstances.

(ZO § 8-8)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

2024-3