ARTICLE 130
CONDITIONAL USE PERMITS

25-130-1: PURPOSE:

The city recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or, through the imposition of development and use conditions, can be made compatible with surrounding uses. The conditional use permit is provided for this purpose. (Ord. #1563, §3)

25-130-2: APPLICATION REQUIREMENTS:

Applications for conditional use permits may be submitted only for those uses specified as conditional uses in the applicable zoning district in appendix A, “Uses By Zoning District”, of this chapter. If the proposed project does not comply with applicable development standards, a separate variance application shall be filed. The conditional use permit and variance applications may be processed concurrently. A conditional use permit is not a substitute for a zone change or zone text amendment. (Ord. #1563, §3)

25-130-3: PROCEEDINGS:

A. An application shall be filed pursuant to the provisions of section 25-100-2 of this chapter. Upon acceptance of a conditional use permit application as complete, the development services director or his/her designee shall review the application for conformance with the provisions of this zoning code. The director shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the planning commission secretary. The secretary shall schedule the matter for public hearing pursuant to the provisions of article 100 of this chapter.

B. The planning commission shall hear and take action upon the application pursuant to the provisions of article 100 of this chapter.

C. The commission shall act to approve, conditionally approve, or deny the application.

D. The commission shall adopt a resolution containing its findings and decision. The resolution shall recite, among other things, the facts and reasons which make the granting or denial of the conditional use permit necessary to carry out the provisions and general purpose of this zoning code. If the conditional use permit is granted, the report shall recite the conditions and limitations imposed, if any. (Ord. #1563, §3)

25-130-4: COMMISSION DECISION:

The decision of the planning commission is considered final on the date the planning commission adopts a resolution setting forth its decision. The decision shall become effective thirty (30) days after the adoption of the resolution, unless an appeal has been filed with the city council. (Ord. #1563, §3)

25-130-5: BASIS FOR APPROVAL OR DENIAL:

The planning commission, and city council on appeal, in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the general plan, compatible with surrounding land use, and meets the provisions and intent of this zoning code. In making such a determination, the hearing body shall find that the proposed use is in general in accord with the following principles and standards:

A. That the proposed conditional use is consistent with the general plan;

B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures;

C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed;

D. That the proposed conditional use complies with all applicable development standards of the zoning district; and

E. That the proposed conditional use observes the spirit and intent of this zoning code. (Ord. #1563, §3)

25-130-6: TIME LIMITS:

A. Use Of Conditional Use Permit: Any conditional use permit which is not used within the time specified in the grant of approval or, if no time is specified, within one year of the effective date of such approval, shall become subject to termination. The planning commission may extend such approval for a period of time not to exceed one year, provided an application requesting the extension is filed prior to the original extension date. For purposes of this section, “used” means the commencement of construction activity or any activity authorized by the grant.

B. Proceedings To Terminate: Any proceeding to enforce the expiration of any conditional use permit granted hereunder shall commence with a notice to the permit holder of the city’s intent to enforce the same and following the hearing process set forth in section 25-100-5 of this chapter. (Ord. #1563, §3)

25-130-7: PERMIT APPROVAL ATTACHED TO THE PROPERTY:

A conditional use permit that is valid and in effect and granted pursuant to the provisions of this zoning code shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land. (Ord. #1563, §3)

25-130-8: CHANGED CIRCUMSTANCES PERMIT REVIEW:

Any conditional use permit granted or approved hereunder shall be granted or approved, with the city and its planning commission and city council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval, based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the business, a change in scope, emphasis, size, or nature of the business, or the expansion, alteration, reconfiguration, or change of use. The reservation of right to review any permit granted or approved hereunder by the city, its planning commission, and city council is in addition to, and not in lieu of, the right of the city, its planning commission, and city council to review and revoke or modify any permit granted or approved hereunder for any violations of the conditions imposed on such permit. (Ord. #1563, §3)