Certain uses which may be harmonious under special conditions and in specific locations within a district may be improper under general conditions and in other locations. A conditional use permit is intended to allow the proper integration of such uses into the city only if such uses are designed and laid out in a manner approved by the planning commission and/or city council. This chapter describes the process required to obtain a conditional use permit. (Ord. 2008-29, 8-13-2008; amd. Ord. 2023-13, 4-12-2023)

A conditional use permit shall be required for all uses listed as conditional uses in the district regulations or elsewhere in this title. A conditional use permit may be revoked by the planning commission upon failure to comply with conditions precedent to the original approval of the permit. (Ord. 2008-29, 8-13-2008; amd. Ord. 2023-13, 4-12-2023)

A completed application (along with all required exhibits and studies) for a conditional use permit, signed by the property owner or the property owner's authorized agent, shall be submitted to the community development department by the approved meeting cutoff date prior to the regularly scheduled meeting of the planning commission at which the application is to be considered. Notices of the planning commission meetings shall be mailed to all property owners appearing on the latest ownership plats in the county recorder's office within a three hundred foot (300') radius of any property for which actions of the planning commission and/or city council are being requested. It shall be the responsibility of the applicant for such actions to provide one set of addressed mailing labels necessary to provide such notices, and a list showing the names and addresses of all property owners being notified. (Ord. 2009-07, 3-25-2009; amd. Ord. 2023-13, 4-12-2023)

The application for any conditional use permit shall be accompanied by the appropriate fee as determined by the city council. (Ord. 2004-11, 5-12-2004; amd. Ord. 2023-13, 4-12-2023)

   A.   Criteria:

      1.   The applicant for a conditional use permit shall prepare a site development plan and building elevations which meet the following criteria:

         a.   Name and address of applicant and property owner;

         b.   The locations, dimensions and setbacks of all existing and proposed buildings, fences, or walls (including materials and colors), and other structures to be included in the proposed development;

         c.   The proposed landscaping plan, signage plan and lighting plan;

         d.   The location and dimensions of existing and proposed roads, striped automobile parking spaces and loading areas, traffic circulation patterns, curbing, gutters, sidewalks, paved areas, and roads and driveway adjoining and across from the development;

         e.   The locations and dimensions of existing and proposed drainage facilities, utilities, easements and fire hydrants;

         f.   Building elevations, showing all building sides and roof, including the proposed materials and colors;

         g.   Plans for screening mechanical equipment (roof mounted or otherwise) and dumpsters;

         h.   The lot dimensions, existing and proposed topographical elevation contours, and a north arrow;

         i.   Necessary explanatory notes; and

         j.   Other materials deemed necessary by city staff to assist the planning commission and/or city council in arriving at an appropriate decision, including, but not limited to, a traffic study, a drainage study and a geotechnical report.

      2.   The site development plan, building elevations and required studies shall be submitted with the application for a conditional use permit as outlined above.

   B.   Review: The community development department shall contact other city personnel, and other agencies as needed, for review purposes. The community development department shall furnish to the applicant any comments regarding the site development plan, building elevations and/or required studies which may assist the applicant in preparing the request for presentation to the planning commission and/or city council. If any city department or other agency requests additional time for review of the site development plan, building elevations and/or required studies, the community development department may recommend to the planning commission and/or city council that deliberation of the application be tabled until the next regularly scheduled meeting of the planning commission and/or city council. The application cannot be tabled for more than four (4) planning commission and/or city council meetings after the submittal of the application. (Ord. 2004-11, 5-12-2004; amd. Ord. 2008-29, 8-13-2008; Ord. 2023-13, 4-12-2023)

Certain conditional use permits will be decided by the planning commission and other conditional use permits will be decided by the city council following a recommendation by the planning commission, as outlined below:

   A.   Planning Commission Decision: The planning commission will be responsible for holding all public hearings for all conditional use permit applications. They will also be responsible for decisions on all conditional use permits, except those conditional uses listed in the Administrative and Professional (AP), Community Commercial (C-1), Service Commercial (C-2), General Commercial (C-3), Downtown Mixed Use (DM) zoning districts, and commercially designated areas within Planned Community Developments. For those conditional uses listed in the commercial zoning districts, the planning commission will be the recommending body to the city council.

   B.   City Council Decision: In the specific zoning districts listed above, the City Council, after receiving a recommendation for a conditional use permit from the planning commission, will decide to uphold the recommendation for approval, modify the recommendation for approval, or deny the conditional use permit application.

   C.   Conditions Of Approval: Such conditions of approval may include, but shall not be limited to, specifications concerning: structures, landscaping; density; ingress or egress; fencing; parking; or lighting. Height, density and size requirements for structures in each zone are maximum and may be reduced or modified as conditions to the approval of any conditional use application.

   D.   The planning commission and/or city council shall not authorize a conditional use permit unless evidence is presented showing:

      1.   The proposed use, at the particular location, provides a service or facility which will contribute to the general well being of the neighborhood and community; and

      2.   That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvement in the vicinity; and

      3.   The proposed use will comply with regulations and conditions specified in this title for such use; and

      4.   The proposed use will conform to the intent of the general plan. (Ord. 2008-29, 8-13-2008; amd. Ord. 2023-13, 4-12-2023)

Any person shall have the right to appeal any decision rendered by the planning commission or city council in relation to conditional use permit decisions. Appeals on any planning commission decision will be made to the appellate body which is the city council. Appeals on any city council decision will be made to the appellate body which is the District Court. Appeals to the city council will be made by submitting an application to appear before the city council to the community development department and stating the reason for the appeal, within ten (10) working days following the date upon which the decision was made by the planning commission. After receiving said appeal, a meeting with the city council shall be scheduled within twenty (20) working days, and the city council may affirm, reverse or alter any action taken by the planning commission, based on their review of the planning commission's decision and the application of the standards listed in section 9-17-5 of this chapter. Appeals to the District Court will be as directed by such court. (Ord. 2023-13, 4-12-2023)

No structure or use allowed by the issuance of a conditional use permit may be expanded without the approval of the planning commission or city council, whichever was the approving authority. The applicant for such expansion shall follow the same application procedures as outlined above. (Ord. 2008-29, 8-13-2008; amd. Ord. 2023-13, 4-12-2023)

   A.   Following the approval of a conditional use permit by the planning commission and/or city council, the official charged with the enforcement of this title shall review and approve an application for a building permit pursuant to section 9-2-2 of this title, and shall ensure that the development is undertaken and completed in compliance with all conditions and permits pertaining to said development.

   B.   No certificate of occupancy or business license shall be issued by any city employee for any use authorized by conditional use approval, nor shall any structure be occupied until the official charged with the enforcement of this title certifies that all conditions of the permit have been completed, and that the applicant has complied with all conditions placed upon the permit at the time of approval of the conditional use permit. (Ord. 2004-11, 5-12-2004; amd. Ord. 2008-29, 8-13-2008; Ord. 2023-13, 4-12-2023)

All conditional use permits shall expire within a maximum period of one year of approval, unless there has been substantial performance toward the completion of the conditions set forth in the permit. The planning commission and/or city council may grant a maximum extension of six (6) months under exceptional circumstances. In the event that a conditional use permit is granted on a temporary basis, the planning commission and/or city council may issue a permit for six (6) months, with one maximum extension of six (6) months. An extension request shall be submitted to the community development department prior to the expiration of the conditional use permit. A conditional use permit shall be non transferable to a different location, but shall run with the land as long as the use is in continuous operation. If the use ceases operation for a continuous period of one year, the conditional use permit shall expire and the use shall not occupy the site unless a new conditional use permit is approved. (Ord. 2008-29, 8-13-2008; amd. Ord. 2023-13, 4-12-2023)

Regardless of the use's current owner or operator, a conditional use permit may be revoked by the planning commission after a hearing is held where the planning commission determines that the applicant or the use's current owner or operator has failed to comply with the conditions imposed with the original permit, and/or the use has ceased to operate for a continuous period of one year. The permit may be reinstated upon the determination of the planning commission that the cause for the revocation has been corrected and the applicant or the use's current owner or operator has submitted evidence indicating that the site development plan and building elevations approved by the planning commission and/or city council will be completed in a time frame accepted and approved by the planning commission. (Ord. 2008-29, 8-13-2008; amd. Ord. 2023-13, 4-12-2023)