Chapter 18.120
CONDITIONAL USES
Sections:
18.120.020 Conditional use review process.
18.120.030 Conditional use review criteria.
18.120.010 Purpose.
In order to provide flexibility and to help diversify uses within a zoning district, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Specific conditional uses for each zoning district are listed in the matrix of permitted and conditional uses (Chapter 18.110 NCO).
Conditional uses may be permitted subject to such conditions and limitations as the city may prescribe to ensure that the location and operation of the conditional uses will be in accordance with the conditional use criteria. The scope and elements of any conditional use may be limited or qualified by the conditions applicable to the specific property. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. (Ord. O-08-09-01 § 2 (part), 2008)
18.120.020 Conditional use review process.
(a) Step 1: Optional Pre-Application Conference. The applicant may attend a pre-application conference with a representative from the city. The purpose of the meeting is to discuss the conditional use submittal requirements and review process.
(b) Step 2: Conditional Use Application Submittal. The applicant shall submit one copy of the complete conditional use application package to the city and shall request that the planning commission review the application. Conditional use requests shall include:
(1) Conditional use application form.
(2) Written statement and any graphics necessary to describe the precise nature of the proposed use and its operating characteristics and to illustrate how all conditional use review criteria have been satisfied.
(3) A map showing the proposed development of the site, including building locations, parking, and utilities and drainage features.
(4) Preliminary building plans and elevations sufficient to indicate the dimensions, general appearance, and scale of all buildings.
(5) Such additional material as the city may prescribe or the applicant may submit pertinent to the application.
(c) Step 3: Conditional Use Application Certification of Completion and Report to Planning Commission. Within a reasonable period of time, staff shall either certify the application as complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the conditional use application form) to the city. After a complete application is received, staff shall prepare a report to the planning commission explaining how the application is or is not consistent with the conditional use application review criteria.
(d) Step 4: Set Conditional Use Public Hearing Date and Notify Public of Hearing. The city shall send notice of the public hearing to the applicant and all property owners of record within three hundred feet of the property in question no less than fourteen days before the hearing. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, and the applicant’s name. The city shall also publish notice in a newspaper of general circulation. The city shall prepare a public hearing notification sign to be posted on the property by the applicant. The hearing may be held no less than fourteen days from the date of property posting and newspaper publication. If the conditional use request is accompanying another application, which is scheduled for public hearing before the planning commission, one public hearing may be held on both applications.
(e) Step 5: Planning Commission Public Hearing and Action on the Conditional Use. The planning commission shall hold a public hearing on the conditional use application. Following the public hearing, the planning commission may approve, conditionally approve or deny the conditional use application based on the conditional use review criteria. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to conditions as the planning commission may prescribe. Conditions may include, but shall not be limited to: requiring special setbacks, street dedication and improvement, regulation of vehicular access and parking, hours and methods of operation, control of potential nuisances, prescription of standards for maintenance of buildings and grounds, and prescription of development schedules. (Ord. O-08-09-01 § 2 (part), 2008)
18.120.030 Conditional use review criteria.
The city shall use the following criteria to evaluate the applicant’s request:
(a) The conditional use will satisfy all applicable provisions of this title and subdivision regulations unless a variance is being requested.
(b) The conditional use will conform with or further the goals, policies, and strategies set forth in the city comprehensive plan.
(c) The conditional use will be adequately served with public utilities, services, and facilities, if available (i.e., water, sewer, electric, fire protection, storm drainage, etc.), and not impose an undue burden on public utilities, services and facilities above and beyond those of the permitted uses of the district.
(d) The conditional use will not substantially alter the basic character of the district in which it is in or jeopardize the development or redevelopment potential of the district.
(e) The conditional use will result in efficient on- and off-site traffic circulation which will not have a significant adverse impact on the adjacent uses or result in hazardous conditions for pedestrians or vehicles in or adjacent to the site.
(f) Potential negative impacts of the conditional use on the rest of the neighborhood or of the neighborhood on the conditional use have been mitigated through setbacks, architecture, site arrangement, or other methods. The applicant shall satisfactorily address the following impacts:
(1) Traffic;
(2) Activity levels;
(3) Noise;
(4) Building type, style, and scale;
(5) Hours of operation;
(6) Dust;
(7) Erosion control; and
(8) The applicant has submitted evidence that all applicable local, state, and federal permits have been or will be obtained. (Ord. O-08-09-01 § 2 (part), 2008)