Certain uses listed in each zoning district require special review to determine what their effects may be to the surrounding properties, neighborhood, and community as a whole. The Minor Conditional Use Permit (Type II) and Conditional Use Permit (Type III) processes provide an opportunity to allow a use when potential adverse effects can be mitigated or deny a use if concerns cannot be resolved.

It is the intent of this chapter to permit minor conditional uses or conditional uses that are consistent with the Comprehensive Plan, subject to procedures and criteria intended to mitigate potentially negative impacts.

Procedures and review criteria for conditional development are established for the following purpose:

A.

Permit certain types of public and private development that provides a community service in locations related to their service areas.

B.

Permit commercial development in locations related to its service area.

C.

Ensure that a conditional use is compatible with its immediate area and the affected part of the community.

An application filed for a Minor Conditional Use Permit and/or a Conditional Use Permit shall be on forms provided by the Director and include application materials listed in 17.18.30 and the following, unless waived by the Director pursuant to subsection (M):

A.

Site plan drawn to scale and showing existing and proposed:

1.

Relationship of the site to adjoining properties, streets, alleys, structures, public utilities, and drainage way with sufficient information on land areas within at least 300 feet of the subject property specifically addressing land uses, lot lines, circulation systems (including potential for connectivity of streets and pedestrian ways), public facilities, and unique natural features of the landscape.

2.

Boundary of the proposed conditional use and any interior boundaries related to proposed development phases.

3.

Lot line dimensions.

4.

Location of structures.

5.

Vehicle and pedestrian access points and accessways.

6.

General location of vegetated areas.

7.

Fences and walls.

8.

Parking, maneuvering and loading areas.

9.

Trash and recycling areas.

10.

Direction of traffic flow on the property.

11.

Existing site conditions including contours at ten-foot intervals, watercourses, flood plains and natural features.

12.

Proposed modifications to existing grades.

B.

Exterior lighting plan indicating location, size, height, typical design, material, color, and method of illumination.

C.

Architectural elevations of all buildings and structures including heights, entrances and exits, and floor plans, in sufficient detail to permit computation of other requirements.

D.

Landscape plan drawn to scale showing:

1.

Location of existing trees and vegetation proposed to be removed or retained on the site.

2.

Location and design of landscape areas.

3.

Proposed varieties, quantities, and sizes of trees and plant materials.

4.

Other pertinent landscape features and details of irrigation system required to maintain plant materials.

E.

Narrative relating to applicable Comprehensive Land Use Plan policies.

F.

Narrative relating to applicable Sandy Development Code standards.

G.

Flood, Slope and Hazard Analysis, if portions of the site have slopes in excess of 15 percent, floodplains, floodways, wetlands, etc.

H.

Sign Details.

I.

Traffic impact report.

J.

Utility Plan.

K.

Additional data sheet indicating:

1.

Square footage of site and structure.

2.

Building coverage.

3.

Amount of site to be landscaped.

4.

Number of parking spaces to be provided.

5.

Building materials to be used.

6.

Specifications as to type, color, and texture of exterior surfaces of proposed structures.

L.

Any additional information that may be required by the Director to properly evaluate the proposed site plan. Such additional information shall only be required where its need can be justified on the basis of special and/or unforeseen circumstances.

M.

The Director may waive any of the requirements above where determined that the information required is unnecessary to properly evaluate the proposal.

The Planning Director (Minor Conditional Use Permit) through a Type II process or the Planning Commission (Conditional Use Permit) through a Type III process may approve an application, approve with modifications, approve with conditions, or deny an application for a conditional use permit after a public hearing. The applicant must submit evidence substantiating that all requirements of this Code relative to the proposed use are satisfied and consistent with the purposes of this chapter, policies of the Comprehensive Plan, and any other applicable policies and standards adopted by the City Council.

The following criteria and compatibility factors shall be considered:

A.

The use is listed as either a minor conditional use or conditional use in the underlying zoning district or has been interpreted to be similar in use to other listed conditional uses.

B.

The characteristics of the site are suitable for the proposed use considering the size, shape, location, topography, and natural features.

C.

The proposed use is timely considering the adequacy of the transportation systems, public facilities and services existing or planned for the area affected by the use.

D.

The proposed use will not alter the character of the surrounding area in a manner which substantially limits, precludes, or impairs the use of surrounding properties for the primary uses listed in the underlying zoning district.

E.

The proposed use will not result in the use of land for any purpose which may create or cause to be created any public nuisance including, but not limited to, air, land, or water degradation, noise, glare, heat, vibration, or other considerations which may be injurious to the public health, safety, and welfare.

F.

The proposed use will be reasonably compatible with existing or planned neighboring uses based on review of the following:

1.

Basic site design (organization of uses on the site).

2.

Visual elements (scale, structural design and form, materials, and so forth).

3.

Noise.

4.

Noxious odors.

5.

Lighting.

6.

Signage.

7.

Landscaping for buffering and screening.

8.

Traffic.

9.

Effects on off-street parking.

10.

Effects on air quality and water quality.

A.

Major Modification. A major modification to an approved Minor Conditional Use Permit or Conditional Use Permit must be processed as a new application. Major Modifications include:

1.

Changes in proposed land use.

2.

Substantial change in building elevation, color or materials.

3.

Changes in type and location of access ways and parking areas where off-site traffic would be affected.

4.

Increase in the floor area proposed for nonresidential use by more than ten percent from what was previously specified.

5.

Increase in the total ground area proposed to be covered by structures by more than ten percent from what was previously specified.

6.

Reduction of project amenities provided, such as recreational facilities, screening, and/or landscaping provisions by more than ten percent from what was previously specified.

7.

Any other modification to specific requirements established at the time of conditional use permit approval.

B.

Minor Modification. Minor Modifications may include any of the changes listed above provided that the change is quantified below the thresholds for a Major Modification.

Uses customarily subordinate to a principal use permitted outright may be approved by the Director, as determined through Chapter 17.14 Request for Interpretation, as minor modifications. Minor modifications are processed as a Type II decision.

Reasonable conditions, restrictions, or safeguards that would uphold the purpose and intent of this section and mitigate any adverse impact upon adjoining properties which may result by reason of the approved conditional use may be attached. A list of conditions may include, but is not limited to, the following:

A.

Controlling the location and number of vehicular ingress and egress points.

B.

Improving public facilities such as:

1.

Sanitary sewer.

2.

Sidewalks, curbs, and other street improvements.

3.

Storm drainage.

4.

Water supply.

C.

Increasing street width.

D.

Increasing the number of off-street parking or loading spaces or areas.

E.

Increasing the required lot size or yard dimensions.

F.

Limiting lot coverage or height of buildings because of obstruction of view and reduction of light and air to adjacent property.

G.

Limiting the number, size and location of signs.

H.

Requiring additional landscaping, berming, screening or fencing where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area.

I.

Requiring additional public safety and crime prevention measures.

J.

Requiring land dedication or money in lieu of dedication for public purposes.

K.

Submission of bonds or other suitable security to ensure that requirements are met.

L.

Submittal of final detailed plan indicating conformance with conditions.

M.

Undergrounding of utilities.

Approval of a Minor Conditional Use Permit or Conditional Use Permit shall be void after two years, or such lesser time as specified in the approval, unless substantial construction has taken place or building occupancy obtained. The Planning Director may grant a one-year extension if the applicant requests such an extension prior to expiration of the initial time limit.

A building permit for all or any portion of a Minor Conditional Use Permit or Conditional Use Permit shall be issued only on the basis of the plan as approved. Any major modification shall be submitted as a new application.

A.

A Minor Conditional Use Permit or Conditional Use Permit shall be subject to revocation if the application is found to include false information or if the conditions of approval have not been complied with or are not being maintained.

B.

The Planning Commission shall hold a public hearing to allow the applicant an opportunity to show cause why the permit should not be revoked.

C.

If the Planning Commission finds that the conditions of approval have not been complied with or are not being maintained, a reasonable time shall be given for making corrections. If corrections are not made within the time specified, revocation of the conditional use permit shall be effective ten days after the time specified.

D.

Reapplication for a conditional use, which has been denied or revoked, cannot be made within one year after the date of the Planning Commission's action, except that the Director may schedule a new hearing if there is new evidence or a change in circumstances.