A.

Uses designated as conditional uses are contingent uses, not allowed by right or condition; they may or may not be appropriate in a particular location depending upon the nature of the use itself, its relationship to vicinity land uses, its impact upon environmental, social and economic matters and its effects upon the health, safety and welfare of the city and its citizens.

B.

Conditional uses must have a demonstrated direct need to be located at the location proposed and provide adequate mitigation measures to lessen all identified impacts.

C.

This chapter describes the uses subject to city council approval, the applications required, the review procedure and criteria, the standards to be applied, the required findings, the issuance of approval and expiration, and subsequent permit application amendments. (Ord. 589-1993 § 6(part), 1993)

The city council shall have the authority to hear and decide applications for conditional use permits for only such uses as this title allows, subject to the requirements of this section. (Ord. 589-1993 § 6(part), 1993)

A.

Applicants shall submit a written application for a conditional use permit, upon forms supplied by the city planning department, a site plan pursuant to the site plan review criteria found in Section 18.34.060 of the city municipal code/zoning regulation, if the site is to be developed or substantially developed, and additional other information which may be requested by the planning department.

B.

All applications for a conditional use permit must be complete before the city will be required to process and consider the application. For purposes of this provision, an application is complete when it contains all the information that is necessary for the city to determine whether or not the development will comply with all of the requirements of this chapter.

C.

The city may require different levels of information to be submitted depending upon the impacts and characteristics of the development and use.

D.

The burden of persuasion on whether the development and use will comply with the requirements of this chapter remains at all times upon the applicant. (Ord. 589-1993 § 6(part), 1993)

A.

The standards for conditional use permits are intended only as a minimum necessary for review. An application for a conditional use permit, even though meeting the minimal standards of this chapter and code, may be denied, if it is determined that the development and use is not in the best interest of the city.

B.

The following shall apply to all uses requiring the approval of a conditional use permit:

1.

The proposed development and use shall have a demonstrated direct need to be located at the location proposed and provide adequate mitigation measures to lessen all identified impacts.

2.

The proposed development and use shall not endanger the public health and welfare.

3.

The proposed development and use shall not substantially injure the value of vicinity properties.

4.

The proposed development and use shall be in harmony with the area in which it is to be located.

5.

The proposed development and use shall conform to the provisions, objectives and policies of all city plans, adopted and in effect at the time of application, including but not limited to growth management, transportation, utilities, capital improvements and downtown redevelopment.

6.

The proposed development and use shall conform to the provisions, standards and requirements of all city regulations, adopted and in effect at the time of application, including but not limited to zoning, subdivision, utilities, buildings and construction, business regulations and engineering specifications.

7.

The proposed development and use shall be designed, constructed and maintained to accommodate the on-site and off-site traffic generated.

8.

The proposed development and use shall be designed, constructed and maintained with appropriate regard to topography, surface drainage, soil potentials, natural and man-made hazards, streams and environmentally significant features.

9.

The proposed development and use shall be designed, constructed and maintained with adequate water supply, wastewater disposal, solid waste disposal, air quality protection methods and surface water drainage.

10.

The proposed development and use shall be designed, constructed and maintained to not unduly increase the public danger of fire, explosion and other safety hazards upon the public, and persons residing or working on the site and vicinity.

11.

The development and use may be required to provide architectural design schemes and may also require amenities such as, but not limited to, fencing, landscaping, buffer areas and other aesthetic enhancement measures, as required by the city council.

12.

The proposed development shall require approval of the city that connection and availability of a water source exists that is sufficient to serve the needs of the proposed uses and structures.

(Ord. 589-1993 § 6(part), 1993; Ord. No. 1495, § 12, 4-17-2025)

A.

Conditional use permits may be processed either concurrently with other development permits, variances, appeals, or the final plats for the subdivision of land, planned unit development plans, or separately.

B.

The following procedures shall apply for applications for conditional use permits:

1.

Applicants shall prepare a conditional use permit application form and/or a site plan for submission. The plan shall show the entire site involved whether all or part of the site is to be immediately developed.

2.

The application and/or site plan shall be filed with the city planning department. The department shall review the application and/or site plan for completeness and shall either accept and notify the applicant that it is complete or not accept it and notify the applicant of information required to make it complete.

3.

The application and/or site plan shall be referred to various city departments and other agencies for recommendations and comments. A report shall be drafted by the planning department.

4.

A complete application and/or site plan will be placed upon the agenda for the next meeting of the planning commission.

5.

Notice of the public hearing shall be sent to the adjacent property owners at least ten days prior to public hearing for planning commission. Such notice shall also include the date(s), time and location of city council public hearings on the request. A notice of public hearing shall be published in the official city newspaper at least seven days prior to said hearing and a sign shall be posted on the property in accordance with Section 18.72.060.

6.

The planning commission shall hold a public hearing upon the application and/or site plan.

7.

The planning commission shall, after the public hearing, recommend approving the application and/or site plan, or approving the application and/or site plan subject to conditions and requirements, or deny the application and/or site plan and specify the reasons and findings, or continue the application and/or site plan until a specific meeting date and specify the reasons for continuation, or table the application and/or site plan consideration and specify the reasons for tabling.

8.

If the commission shall render a recommendation to approve the application and/or site plan, or approve the application and/or site plan subject to conditions and requirements, or deny the application and/or site plan, then the application and/or site plan will be placed upon the agenda for the next meeting of the city council.

9.

The city council shall hold a public hearing upon the application and/or site plan.

10.

The city council, after the public hearing, shall either approve the application and/or site plan, approve the application and/or site plan subject to conditions and requirements, deny the application and/or site plan and specify the reasons and findings, or continue the application and/or site plan until a specific meeting date and specify the reasons for continuation, or table the application and/or site plan consideration and specify the reasons for tabling.

11.

Upon the city council's decision to approve the application and/or site plan or to approve the application and/or site plan subject to conditions and requirements, an ordinance shall be prepared specifying the approval of application and/or site plan, in accordance with the applicable city code provisions. (Ord. 589-1993 § 6(part), 1993; Ord. No. 1170-2012, § 11, 1-3-2013)

The planning commission shall provide recommended written findings and the city council shall either accept, accept with modifications, or reject such recommended written findings and provide its own written findings. (Ord. 589-1993 § 6(part), 1993)

When a conditional use permit is required and granted, it shall be issued prior to issuance of a zoning/development permit, and shall be subject to the application, site plan, and conditions and/or requirements upon which the city council has determined to approve the conditional use permit. (Ord. 589-1993 § 6(part), 1993)

Amendments or modifications of the conditional use permit and site plan shall be in accordance with the procedure applicable to initial approval as set out in this chapter. (Ord. 589-1993 § 6(part), 1993)

Authority to issue a zoning/development permit or building permit pursuant to the granting of a conditional use permit shall expire two years after the date of approval of the conditional use permit, except when one of the following conditions has been met:

A.

A zoning/development permit or building permit has been issued and is still deemed valid;

B.

Where no construction is required, the actual commencement and operation of the use has begun; or

C.

An extension has been granted by the city council. (Ord. 589-1993 § 6(part), 1993)

Approval of a conditional use permit shall not constitute an exemption from or waiver of any other provisions of this code pertaining to the development and use of property. (Ord. 589-1993 § 6(part), 1993)

In addition to the fees and charges imposed by this code, the applicant for a conditional use permit shall pay all costs associated with the processing of the permit application, as specified in the schedule of planning fees as approved by city council. (Ord. 589-1993 § 6(part), 1993)