Part 9 — CONDITIONAL USE PERMIT

The city recognizes that certain uses, due to the nature of the 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 and to ensure compatibility with zoning regulations and surrounding properties. (Ord. 1346, passed 5-2-12)

Applications for conditional use permits may be submitted only for those uses specified as allowable conditional uses in the applicable zone district. A conditional use permit may not substitute for a Zoning Code text/map amendment.

(Ord. 1346, passed 5-2-12)

Applications for a conditional use permit shall be processed in accordance with these guidelines.

(A) City Planner recommendation. The City Planner shall review the application, consider pertinent facts and recommend the approval, approval with modifications or denial of the application for the conditional use permit to the Planning Commission.

(B) Planning Commission decision. The Planning Commission shall conduct a public hearing, consider the determinations detailed in § 153.210.480 and resolve to approve, conditionally approve or deny the permit by a majority of the quorum present.

(Ord. 1346, passed 5-2-12)

The Planning Commission may impose conditions and/or require guarantees for the conditional use permit to ensure compliance and to prevent adverse or detrimental impacts to the surrounding neighborhood. Conditional use permits shall be granted when the Planning Commission determines that the proposed use or activity complies with all of the following findings.

(A) Conditionally permitted. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this chapter.

(B) Zone integrity and character. The use will not impair the integrity and character of the zone in which it is to be located.

(C) Site suitability. The subject site is physically suitable for the type of land use being proposed.

• (D) Existing compatibility. The use is compatible with any land uses presently on the subject property.

• (E) Future compatibility. The use will be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located.

• (F) Utilities and services. Adequate provisions for water, sewer and public utilities and services are available to ensure that the use will not be detrimental to public health and safety.

• (G) Public access. Adequate provisions for public access are available to serve the use.

• (H) General Plan consistency. The use is consistent with the General Plan.

• (I) Safety and welfare . The use will not be detrimental to the public interest, health, safety, convenience or welfare.

• (Ord. 1346, passed 5-2-12)

The Planning Commission may approve a condition specifying a term for which the conditional use permit is valid. The approval may be contingent upon the written acceptance and continued observance of specified conditions, including, but not limited to, any of the following.

• (A) Substantial conformity. Substantial conformity to approved plans and drawings.

• (B) Streets and public facilities. Dedication of and improvement of streets and other public facilities.

• (C) Landscaping, fences, and walls. Special landscaping, fences or walls.

• (D) Signage. Limitations on signs.

• (E) Hours. Limitations as to the time of day during which specified activities may be conducted.

• (Ord. 1346, passed 5-2-12)

In the event that the use authorized by an approved conditional use permit ceases operation for a period of 12 consecutive months, that conditional use permit shall become null and void, and any proposal to reinitiate the use following the end of the 12-month period shall require a new conditional use permit. However, prior to the expiration of the 12-month period, the permittee may file with the Planning Division a request for an extension of up to six months for continuance of the conditional use permit. If granted, one additional six-month extension period may be requested, but in not event shall the overall period for allowing for continuance of a dormant conditional use permit exceed 24 months. The City Planner shall be responsible for determining the date upon which the approved use ceased operations.

(Ord. 1346, passed 5-2-12)

(A) Record. The authorized signature of the Planning Commission, or the Appeal Authority if the permit was appealed, on a designated form, or a stamp approval on a set of plans, shall signify approval, conditional approval or denial of a conditional use permit.

(B) Investigation. Upon reasonable notice, the city may conduct an investigation to ensure that the permittee is maintaining the use as permitted for and has not converted or modified the use. (Ord. 1346, passed 5-2-12)