Chapter 4.4 CONDITIONAL USES

Chapter 4.4
CONDITIONAL USES

Sections:

4.4.200 Conditional uses – Approval process.

4.4.300 Conditional uses – Application submission requirements.

4.4.400 Conditional uses – Criteria, standards and conditions of approval.

4.4.500 Conditional uses – Additional development standards.

4.4.100 Conditional uses – Purpose.

There are certain uses which, due to the nature of their impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. These are identified as “conditional uses” in Article 2, Land Use (Zoning) Districts. The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. (Ord. 08-06 § 3, 2008)

4.4.200 Conditional uses – Approval process.

A. Initial Application. An application for a new conditional use shall be processed as a Type III procedure (SDC 4.1.400). The application shall meet submission requirements in SDC 4.4.300 and the review criteria contained in SDC 4.4.400.

B. Modification of Approved or Existing Conditional Use. Modifications to approved or existing conditional uses shall be processed in accordance with Chapter 4.6 SDC, Modifications to Approved Plans and Conditions of Approval.

C. New Application for Conditional Use. When activities requiring conditional use approval have ceased for more than one year, the conditional use is no longer valid. Reestablishment of the conditional use must be approved through the Type III procedure process. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)

4.4.300 Conditional uses – Application submission requirements.

An application for conditional use approval must include the following information (subsections (A) through (H) of this section), as applicable. For a description of each item, please refer to SDC 4.2.500, Design review – Application submission requirements. Five copies of the application shall be submitted for the initial review by city staff. An additional seven copies of the complete application shall be submitted by a date the community development director requires (i.e., for the planning commission hearing):

A. Existing site conditions;

B. Site plan;

C. Preliminary grading plan;

D. A landscape plan;

E. Architectural drawings of all structures;

F. Sign concept plan (e.g., locations, general size, style and materials of signs);

G. A copy of all existing and proposed restrictions or covenants;

H. Narrative report or letter documenting compliance with all applicable review criteria in SDC 4.4.400. (Ord. 08-06 § 3, 2008)

4.4.400 Conditional uses – Criteria, standards and conditions of approval.

The review body shall consider the following review criteria and may approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the standards and review criteria in subsections (A) through (C) of this section; the applicant shall bear the burden of proof.

A. Review Criteria.

1. The proposal satisfies the conditional use application submittal and content requirements;

2. The proposed use is listed as a conditional use in the zoning district, or the review body has determined it is similar to a use listed as such;

3. The proposed use will be compatible with existing and reasonable anticipated uses in the district in terms of size and intensity of use; building scale, style, materials, and detailing; setbacks and lot coverage; landscaping; and other relevant code considerations; or the proposal provides for mitigation of difference in appearance, scale or intensity through such means as setbacks, screening, landscaping, or other design features that achieve the intended compatibility;

4. The proposed use will not have adverse noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, aesthetic or other similar impacts that would be out of character for permitted uses in the district;

5. The negative impacts of the proposed use on adjacent properties and on the public can be mitigated through application of other code standards, or other conditions of approval;

6. The transportation system is capable of supporting the proposed use, in addition to the existing uses in the subject area. Evaluation factors include, but are not limited to, street capacity and level of service, on-street parking impacts, access requirements, and pedestrian safety and comfort;

7. Public services for water, sanitary and storm sewer, water management, and fire and police protection are capable of servicing the proposed use;

8. The proposal will not have significant adverse impacts on the livability of nearby residentially zoned lands due to noise, glare, litter, hours of operation, privacy and safety; and

9. Any special features of the site such as topography, floodplain, wetlands, vegetation, historic resources, and any other similar features, have been adequately considered and safeguarded, and the characteristics of the site are suitable for the proposed use considering size, shape, location, topography and location of improvements and natural features.

B. Site Design Standards. Conditional use applications must conform to the design review criteria in SDC 4.2.600.

C. Conditions of Approval. The review body may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, the following:

1. Limiting the hours, days, place and/or manner of operation;

2. Requiring site or architectural design features that minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust;

3. Requiring larger setback areas, lot area, and/or lot depth or width;

4. Limiting the building or structure height, size or lot coverage, and/or location on the site;

5. Designating the size, number, location and/or design of vehicle access points or parking areas;

6. Requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved;

7. Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;

8. Limiting the number, size, location, height and/or lighting of buildings, signs, or other physical improvements;

9. Limiting or setting standards for the location, design, and/or intensity of outdoor lighting;

10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;

11. Requiring and designating the size, height, location and/or materials for fences;

12. Requiring the protection and preservation of existing trees, soils, vegetation, wetlands, watercourses, habitat areas, drainage areas, historic resources, and/or cultural resources;

13. Requiring the dedication of sufficient land to the public, and/or construction of pedestrian/bicycle pathways in accordance with the adopted plans, or requiring the recording of a local improvement district nonremonstrance agreement for the same. Dedication of land and construction shall conform to the provisions of Chapter 3.1 SDC, and SDC 3.1.300 in particular;

14. Requiring financial security (bonds, petitions, etc.) to ensure completion of the proposed development and/or removal of the improvements at the cessation of the development; and/or

15. Establishing a timetable for periodic review and renewal, or expiration, of the conditional use subject to approval by the community development director through a Type II administrative review.

D. Extension. The community development director shall, upon written request by the applicant and payment of the required fee, grant a written extension of the approval period not to exceed one year; provided, that:

1. No changes are made to the original property line adjustment as approved by the city;

2. The applicant can show intent of recording the approved plan within the one-year extension period;

3. There have been no changes in the applicable code or plan provisions on which the approval was based. In the case where the property line adjustment conflicts with a code change, the extension shall be denied; and

4. The extension request is made before expiration of the original approved plan. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)

4.4.500 Conditional uses – Additional development standards.

A. Concurrent Variance Application(s). A conditional use shall not grant variances to regulations otherwise prescribed by the development code. Variance application(s) may be filed in conjunction with the conditional use application, and both applications may be reviewed at the same hearing.

B. Additional Development Standards. Development standards for specific uses are contained in Article 2, Land Use (Zoning) Districts. (Ord. 08-06 § 3, 2008)