Chapter 18.110
CONDITIONAL USE PERMIT PROCEDURES (CUP)
Sections:
18.110.040 Criteria for review.
18.110.070 Special provisions.
18.110.010 Purpose.
The city of Donnelly recognized that certain uses possess unique and special characteristics with respect to their location, design, size, method of operation, circulation, and public facilities. In order to protect the public welfare and guarantee conformance with the comprehensive plan for the city of Donnelly and its impact area, permits are required for such uses upon review by the commission. When a use is proposed on property that is located in both the city of Donnelly and its impact area, the property will first be annexed into the city. [Ord. 230, 2016.]
18.110.020 Application.
A. An application for a conditional use permit (CUP) shall be filed with the city clerk by at least one holder of any interest in the real property for which such conditional use is proposed. For property in the impact area, an application for a conditional use permit shall be filed with the Valley County planning and zoning administrator.
B. The application shall include at least the following information:
1. Name, address, and phone number of the applicant.
2. Proof of legal interest in the subject property.
3. Legal description of the subject property, including street address.
4. Description of proposed use.
5. Zoning district of subject property.
6. Description of proposed conditional use.
7. A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, snow storage areas, traffic access and traffic circulation, open spaces, easements, existing and proposed grade, landscaping, exterior lighting, refuse and service areas, utilities, signs, property lines, north arrow, and rendering of building exteriors, where applicable.
8. A narrative statement evaluating the effects on adjoining property, and the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property.
9. A narrative statement identifying surrounding land uses and discussing the general compatibility of the proposed use with adjacent and other properties in the district.
10. A narrative discussion of the relationship of the proposed use to the comprehensive plan.
11. A list of the names and addresses of all property owners and residents within 300 feet of the external boundaries of the land being considered, typed on mailing labels.
12. Any other information as requested by the administrator to determine if the proposed conditional use meets the intent and requirements of this title.
13. A fee established by city council resolution. The fee for property in the impact area shall be established by the Valley County board of commissioners.
14. Eight copies of the above information. The administrator may request additional copies. [Ord. 230, 2016.]
18.110.030 Public hearing.
A public hearing shall be held pursuant to Chapter 18.125 DCC. For property in the impact area, the Valley County planning and zoning commission will be the commission that reviews the application, in accordance with the Valley County land use and development ordinance, based upon the following criteria. [Ord. 230, 2016.]
18.110.040 Criteria for review.
The commission shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and, if approved, shall find adequate evidence showing that such use at the proposed location:
A. Will, in fact, constitute a conditional use as established for the zoning district involved; and
B. Will be harmonious with and in accordance with the general objectives or any specific objective of the comprehensive plan and this title; and
C. Will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area; and
D. Will not be hazardous or disturbing to existing or future neighboring uses; and
E. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, and drainage structures. Agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service; and
F. Will not create excessive additional requirements at public cost for public facilities and services; and
G. Will not involve uses, activities, processes, materials, equipment, or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, dust, odors, vibration, water or air pollution, or safety hazards; and
H. Will have vehicular approaches to the property which shall be designed so as not to create an interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature. [Ord. 230, 2016.]
18.110.050 Conditions.
The commission may impose any conditions which it deems necessary to secure the purpose of city regulations and give effect to the comprehensive plan. Conditions which may be attached include, but are not limited to, those which will:
A. Require conformity to approved plans and specifications.
B. Require or restrict open spaces, buffer strips, walls, fences, signs, concealing hedges, landscaping, and lighting.
C. Restrict volume of traffic generated, require off-street parking, and restrict vehicular movements within the site and points of vehicular ingress and egress or other conditions related to traffic based on the recommendations of a qualified traffic engineer.
D. Require performance characteristics related to the emission of noise, vibration and other potentially dangerous or objectionable elements.
E. Limit time of day for the conduct of specified activities.
F. Require guarantees such as performance bonds as to compliance with the terms of the approval.
G. Require dedications and public improvements on property frontages.
H. Require irrigation ditches, laterals, and canals to be covered or fenced.
I. Minimize adverse impact on other development.
J. Control the sequence, timing, and duration of development.
K. Assure that development is maintained properly.
L. Designate the exact location and nature of development.
M. Require the provision for on-site or off-site public services.
N. Mitigate foreseeable social, economic, fiscal, and environmental effects. [Ord. 230, 2016.]
18.110.060 Conformity.
Any building or use permitted under a CUP shall be deemed in conformity with the provisions of this title, to the extent that it complies with the provisions of said title. [Ord. 230, 2016.]
18.110.070 Special provisions.
A. The issuance of a CUP shall not be considered a precedent for the issuance of other conditional use permits.
B. A CUP is not transferable from one parcel of land to another.
C. The CUP may be transferred from one owner to another for the same use, but if there is a change in use on the property, a new CUP must be obtained. [Ord. 230, 2016.]