To provide for the regulation of land uses to ensure their compatibility and proper integration into the land use pattern of the City. Certain uses which may be harmonious under special conditions, but improper under general conditions, are classified as conditional uses and require conditional use permits for approval prior to construction. (Ord. 97-06 § 9-1)

An approved conditional use permit shall be required for each conditional use listed in this title. No building permit or other permit or license shall be issued for a use requiring conditional use approval unless a conditional use permit shall first have been approved by the Planning Commission. (Ord. 97-06 § 9-2)

Application for a conditional use permit shall be made at the City office in the same manner as a request for a zone change, subdivision plat review, or other similar planning request. (Ord. 97-06 § 9-3)

The conditional use permit application shall be accompanied by a filing fee in an amount as may be established by the City Council from time to time. (Ord. 97-06 § 9-4)

The applicant for a conditional use permit shall prepare a site plan and elevations (as may be necessary) for the site development proposed to be developed. The plan shall be drawn to scale, and shall show all existing and proposed buildings, fences, general landscape layout, automobile circulation, and parking, loading, garbage, lighting, signs, topography for irregular land, soils reports, vicinity map, drainage plan, and any other information that the Planning Commission may deem necessary to properly consider the application.

The Planning Commission will not consider a conditional use permit without the preparation and submission of an accurate and complete development plan. (Ord. 97-06 § 9-5)

A conditional use shall be approved if reasonable conditions are imposed to mitigate the reasonably anticipated detrimental effects of the proposed use. The following standards must be met in order to mitigate the reasonably anticipated detrimental effects, if imposed as a condition of approval:

   A.   Noise:

      1.   Excessive noise (unwanted or undesired sound) can cause serious impacts to health, property values, and economic productivity. Conditional uses shall not impose excessive noise on surrounding uses. "Excessive noise" generally means noise that is prolonged, unusual, or a level of noise that in its time, place and use annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others.

   B.   Dust:

      1.   Comply with all air quality standards, State, Federal and local.

      2.   Use shall not create unusual or obnoxious dust beyond the property line.

   C.   Odors:

      1.   Comply with all air quality standards, State, Federal and local.

      2.   Use shall not create unusual or obnoxious odors beyond the property line.

   D.   Aesthetics:

      1.   Blend harmoniously with the neighborhood so the use does not change the characteristics of the zone.

   E.   Safety:

      1.   Take the necessary measures to avoid or mitigate any safety problems created by the use, including problems due to traffic, rock fall, erosion, flooding, fire, hazardous materials, or related problems.

      2.   Uses shall not locate within the 100-year floodplain as identified by FEMA unless expressly recommended by the City Engineer in conformance with City engineering standards and all State, local and Federal laws.

   F.   Traffic:

      1.   Traffic increases due to the conditional use shall not cause streets or nearby intersections to fall more than one grade from the existing level of service grade or fall below a level of service "C".

      2.   Uses shall follow City access management standards and not create hazards to other drivers or pedestrians.

   G.   Height:

      1.   A building's height and scale shall fit into the overall context of the surrounding area.

      2.   Photo simulations may be required by City staff or Planning Commission showing all sides of the building(s) and showing how the building fits into the surrounding area, including its relationship to nearby ridges, hills, and buildings.

   H.   Hours Of Operation:

      1.   Nonresidential uses operating in proximity to or within a residential zone shall limit hours of operation so as not to disturb the peace and quiet of the adjacent residential area.

   I.   Utility Capacity:

      1.   Utility capacity is sufficient to support the use at normal service levels.

   J.   Public Health:

      1.   Use shall comply with all Sanitation and Solid Waste Disposal Codes.

      2.   Use shall not create public health concerns. (Ord. 2015-11)

The Planning Commission may approve, modify, and approve, or deny the conditional use application made to the Planning Commission. The Planning Commission shall require such regulations and conditions as may deemed necessary to protect the public health, safety, welfare, and aesthetics of the area. In approving a conditional use permit, the Planning Commission shall find:

   A.   That the proposed use is necessary or desirable and will contribute to the general well being of the City;

   B.   That the use will not be detrimental to the health, safety, welfare, or aesthetics, or detrimental to property or improvements in the area;

   C.   That the proposed use will comply with the regulations of this title;

   D.   That the proposed use is in harmony with the intent and purpose of the general plan, or that the plan shall have first been amended through public hearing. (Ord. 97-06 § 9-6)

Upon approval of plans by the Planning Commission, a copy of the approved plan shall be placed on file in the City office. The City shall inspect the conditional use site during the course of construction and shall ensure that it complies with the conditions of the use permit that is on file. (Ord. 97-06 § 9-7)

A conditional use permit shall be good for one year after approval. If, at the end of one year, construction has not been started, or, in the case of a home occupation business, a business license has not been issued, it shall become null and void, unless a request is made for extension by the applicant. In granting any request for extension, the commission shall find that substantial work shall have been accomplished toward its completion, or, in the case of a home occupation business, a business license application has been timely submitted, or that through no fault of the applicant, it has been impossible to diligently pursue the completion of the application. Extensions may be granted for periods of time, not to exceed six (6) months at each extension. Once construction is completed, or, in the case of a home occupation business, a business license has been issued, the permit shall require no further renewal except as provided in section 17.40.090 of this chapter, unless stipulated by the Planning Commission. (Ord. 98-31 § 2: Ord. 97-06 § 9-8)

A conditional use permit may be revoked upon failure to comply with the conditions imposed with the original approval of the permit, or, in the case of a home occupation business, upon failure to renew the associated business license for two (2) or more consecutive years, and the applicant shall be so notified of the revocation. The permit may be reinstated upon determination by the Planning Commission that the applicant intends to complete the project according to the plan approved, or as may be amended from time to time during construction or other performance of the conditional use through approval of the amendment by the Planning Commission. (Ord. 98-31 § 2: Ord. 97-06 § 9-9)

Any person shall have the right to appeal the decision of the Planning Commission. Appeals from the decision of the Planning Commission shall be to the City Council. (Ord. 97-06 § 9-10)