Chapter 17.130
CONDITIONAL USES
Sections:
17.130.010 Authorization to grant or deny conditional uses.
17.130.020 Application for a conditional use.
17.130.030 Public hearing on conditional use.
17.130.040 Recess of the hearing by the planning commission.
17.130.050 Notification of action.
17.130.060 Standards governing conditional uses.
17.130.010 Authorization to grant or deny conditional uses.
Conditional uses are those uses which may be appropriate, desirable, convenient or necessary in the district in which they are allowed, but which by reason of their height or bulk or the creation of traffic hazards or parking problems or other adverse conditions may be injurious to the public safety, welfare, comfort and convenience unless appropriate conditions are imposed. Uses designated in this chapter as conditional uses may be permitted, enlarged or otherwise altered upon authorization by the planning commission in accordance with the standards and procedures set forth. In the case of a use existing prior to the effective date of the ordinance codified in this chapter and which is classified in this chapter as a conditional use, any change in use or in lot area or any alteration of the structure shall conform with the requirements dealing with conditional uses.
In permitting a conditional use, the city may impose, in addition to those standards and requirements expressly specified by this chapter, any additional conditions which the city considers necessary to protect the best interests of the surrounding property or the city as a whole. These conditions may include, but are not limited to, increasing the required lot size or yard dimensions; limiting the height of buildings; controlling the location and number of vehicle access points; increasing the street width; increasing the number of off-street parking and loading spaces required; limiting the number, size and location of signs; requiring screening and landscaping to protect adjacent property; and recording such conditions on the property with the county clerk. [Ord. 950 § 98, 1991.]
17.130.020 Application for a conditional use.
A property owner or his authorized agent may initiate a request for a conditional use by filing an application with the city using forms prescribed for the purpose. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The planning commission may require other drawings or information necessary to understand the proposed use and its relationship to surrounding properties. The applicant shall pay a fee as established by the city council at the time the application is filed. [Ord. 950 § 99, 1991.]
17.130.030 Public hearing on conditional use.
A. Before the planning commission may act on a request for a conditional use, it shall hold a public hearing. The hearing shall be held within 40 days after the application for the conditional use is filed. Notice of the hearing and criteria for granting or denying a permit shall be as follows:
See JCMC 17.150.080, Notice.
B. Based on the testimony provided at the hearing, the planning commission shall develop findings of fact to justify either approving or denying a conditional use permit. The planning commission may approve such requests when it is determined the request is in conformance with all the following requirements:
1. The proposal is in conformance with the zoning ordinance;
2. The property is adequate in size and shape to accommodate the proposed use, together with all other zoning requirements and any additional conditions imposed by the planning commission;
3. Public facilities are of adequate size and quality to serve the proposed use; and
4. The proposed use will prove, or can be made to be through imposing conditions, reasonably compatible with surrounding properties. [Ord. 1037 § 1, 1997; Ord. 950 § 100, 1991.]
17.130.040 Recess of the hearing by the planning commission.
The planning commission may recess a hearing on a request for a conditional use in order to obtain additional information or to serve further notice on other property owners or persons who it decides may be interested in the request. Upon recessing for this purpose, the commission shall announce the time and date when the hearing will be resumed. [Ord. 950 § 101, 1991.]
17.130.050 Notification of action.
Within five days after a decision has been rendered, the city shall provide the applicant and all opponents with written notice of the city’s action on the request for a conditional use. [Ord. 950 § 102, 1991.]
17.130.060 Standards governing conditional uses.
A conditional use shall comply with the standards of the zone in which it is located except as these standards may have been modified in authorizing the conditional use or as otherwise provided as follows:
A. Height Exception. A governmental building may be built to exceed the height limitations of the zone in which it is located to a maximum height of 50 feet if the total floor area of the building does not exceed one and one-half times the area of the site and if the yard dimensions in each case are equal to at least two-thirds of the height of the principal structure.
B. Limitation on Access to Property and on Openings to Buildings. The city may limit or prohibit vehicle access from a conditional use to a residential street and it may limit building openings within 50 feet of a residential property in an agricultural or residential zone if the openings will cause glare or excessive noise or will otherwise adversely affect adjacent residential property.
C. Schools.
1. Nursery schools shall provide and maintain at least 100 square feet of outdoor play area per child. A sight-obscuring fence at least four feet but not more than six feet high shall separate the play area from abutting lots.
2. Primary schools shall provide one acre of site area for each 90 pupils or one acre for every three classrooms, whichever is greater.
3. Elementary schools shall provide one acre of site area for each 75 pupils or one acre for every two and one-half classrooms, whichever is greater.
D. Utility Substation or Pumping Substation. In the case of a utility substation or pumping substation, the city may waive the minimum lot size requirement only if it is determined that the waiver will not have a detrimental effect on adjacent property. [Ord. 1116 § 1, 2003; Ord. 1037 § 1, 1997; Ord. 950 § 103, 1991.]