Chapter 17.60
CONDITIONAL USES
17.60.010 Purpose.
In all zones, conditional uses may be permitted subject to the granting of a conditional use permit. Because of their unusual characteristics, or the special characteristics of the area in which they are to be located, conditional uses require special consideration so that they may be properly located with respect to the objectives of this title and their effect on surrounding properties. (Ord. 92-3; Ord. 84-2 § 6.010)
17.60.020 Planning commission authority.
The planning commission shall have the authority to approve, approve with conditions, disapprove or revoke conditional use permits subject to the provisions of this section. Changes in use, expansion or contraction of site area, or alteration of structure or uses classified as conditional and existing prior to the effective date of the ordinance codified in this title shall conform to all regulations pertaining to conditional uses. (Ord. 92-3; Ord. 84-2 § 6.020)
17.60.030 Application.
The property owner or his authorized agent may make an application for a conditional use permit by filing an application, at least forty-five days prior to the meeting date the matter is intended to be considered, with the department of planning and community development on a form prescribed by the city, which shall include the following information, in addition to that required in Chapter 17.76:
A. Name and address of applicant;
B. Statement that the applicant is the owner of the property or is the authorized agent of the owner;
C. Address, legal description and Lincoln County assessor’s map and tax lot number of the property;
D. The application shall include an accurate scale drawing of the site and improvements proposed. The drawing must be adequate to enable the planning commission to determine the conformance of the proposal with the requirements of this ordinance and shall be prepared in a manner conforming to the requirements and procedures of site plan approval, Section 17.52.240;
E. A map (Lincoln County assessor’s plat) showing the subject property and surrounding properties and listing of current owners within one hundred feet of the property subject to the conditional use permit application, pursuant to Chapter 17.76;
F. Statement and supportive evidence indicating the precise manner of conformance with each of the applicable provisions of this ordinance together with any other data pertinent to the findings prerequisite to the granting of a conditional use permit as listed in subsection C of Section 17.60.050;
G. The application shall be accompanied by a nonrefundable filing fee in the amount established by general resolution of the city council. (Ord. 92-3; Ord. 84-2 § 6.030)
17.60.040 Public hearings.
Before a conditional use is permitted, the proposed conditional use shall be considered by the planning commission at a public hearing. Notice of the hearing shall be given as provided in Section 17.76.020. (Ord. 92-3; Ord. 84-2 § 6.040)
17.60.050 Action by planning commission.
A. Within sixty days after the filing of the application, a public hearing shall be held and the commission shall render its decision. The decision of the planning commission shall be final unless appealed to the city council.
B. The planning commission may approve, approve with conditions or disapprove the conditional use permit application by the entry of a planning commission order, in open meeting, which order shall describe the basis for the decision and state the specific circumstances, findings of fact and evidence presented requiring the application of conditions to the approval.
C. Findings of Fact. In order to grant any conditional use, the planning commission must find, based upon evidence, both factual and supportive, provided by the applicant, that:
1. The proposal is in compliance with the comprehensive plan;
2. The site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this title;
3. The site for the proposed use relates to streets and highways adequate in width and degree of improvement to handle the quantity and kind of vehicular traffic that would be generated by the proposed use;
4. The proposed use will have minimal adverse impact upon adjoining properties and the improvements thereon. In making this determination, the commission shall consider, but not be limited to, the proposed location of the improvements on the site, vehicular egress/ingress and internal circulation, pedestrian access, setbacks, height and bulk of buildings, walls and fences, landscaping, screening, exterior lighting and signing;
5. In areas designated as requiring preservation of historic, scenic or cultural attributes, proposed structures will be of a design complimentary to the surrounding area.
D. Conditions of Approval. In permitting a conditional use, the planning commission may impose, in addition to regulations and standards expressly specified in this title, other conditions found necessary to protect the best interests of the surrounding property or neighborhood, or the city as a whole. These conditions may include, but not be limited to, the following:
1. Increasing required lot size, yard dimensions, open spaces or buffer areas;
2. Requiring fences, walls or landscape screening and/or buffering where necessary to reduce noise, glare and maintain the property in a character in keeping with the surrounding area;
3. Requiring landscaping and maintenance thereof;
4. Increasing street widths, controlling the location and number of vehicular access points to the property for ingress/egress;
5. Requiring means of pedestrian/bicycle access pathways to serve the property;
6. Increasing the number of off-street parking and loading spaces required; surfacing and proper drainage of parking areas;
7. Limiting size, location and number of signs;
8. Limiting the location, coverage or height of buildings because of obstruction to view and reduction of light and air to adjacent property;
9. Limiting or prohibiting openings in sides of buildings or structures;
10. Enclosure of storage areas and limitation of outside display and/or storage of merchandise;
11. Requiring maintenance of grounds;
12. Regulation of noise, vibration, odors, etc;
13. Regulation of time for certain activities;
14. Establishing a time period within which the proposed use shall be developed;
15. The requirement of a bond for removal of such use within a specified period of time;
16. Increase the size, type or capacity of any or all utility services, facilities or appurtenances;
17. Requirements under which any future enlargement or alteration of the use shall be reviewed by the planning commission and new conditions imposed;
18. The planning commission may require that an applicant furnish the city a performance bond with a contractual agreement to assure its share of the development of streets, curbs, gutters, sidewalks, water, sanitary sewers, storm sewers or other necessary and essential public improvements to city standards;
19. The planning commission may also require that site plan committee review and approval is necessary in any particular situation to accomplish the purposes and objectives of this title;
20. And such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this section. (Ord. 92-3; Ord. 84-2 § 6.050)
17.60.060 Burden of proof.
The specific findings made by the planning commission in granting a conditional use permit must be factual and supported by substantial evidence. The burden of producing substantial evidence to support the requisite findings is on the applicant seeking the approval of the conditional use. If no evidence is produced concerning any of the findings listed in subsection C of Section 17.60.050, the application may be denied based upon improper or inadequate findings. All evidence produced must be recited in the findings for approval of any conditional use permit application. (Ord. 92-3; Ord. 84-2 § 6.060)
17.60.070 Entry of order.
Where the planning commission is of the opinion that the conditional use permit shall be granted, it shall, in open public meeting, by a majority of its members in attendance, enter a planning commission order granting the conditional use permit, which order shall include specific findings of fact, conclusions and supportive evidence pertaining to subsection C of Section 17.60.050, and any conditions of approval as authorized by subsection D of Section 17.60.050. The chairman of, or in his absence, the officer presiding over the planning commission meeting in which the above described order is enacted, shall forthwith sign the order and cause the same to be filed with the city recorder. Upon the filing of the order with the city recorder, the order shall be in full force and effect. An order denying a conditional use permit shall be entered and filed in a like manner, with the necessary findings of fact, where the planning commission, based on the standards specified herein, determines that the conditional use permit should not be granted. (Ord. 92-3; Ord. 84-2 § 6.070)
17.60.080 Time limitation.
A conditional use permit shall become void one year after approval, or after such greater or lesser time as may be specified as a condition of approval, unless within that time the required building construction, alteration or enlargement has been commenced and diligently pursued or, if no such construction, alteration or enlargement is required, unless the permitted activity is being regularly conducted on the premises. The planning commission may extend a use permit for an additional period of one year, subject to the requirements of this ordinance. No more than one such extension may be granted. (Ord. 92-3; Ord. 84-2 § 6.080)
17.60.090 Appeal.
The applicant or any party to the proceeding may, within the time period specified in Section 17.76.040, after the decision of the planning commission is filed with the city recorder, appeal the same to the city council in the form prescribed by the city. The appeal procedure shall be as set forth in Section 17.76.040. (Ord. 92-3; Ord. 84-2 § 6.090)
17.60.100 Effect.
No building or other permit shall be issued in any case where a conditional use permit is required by the terms of this title until after the appeal period after the decision of the planning commission is filed with the city recorder. An appeal from an action of the planning commission shall automatically stay the issuance of a building or other permit until such appeal has been completed. In the event the council acts to grant the conditional use permit, the building permit may be issued immediately thereafter, in accordance with such terms and conditions as may have been imposed on the permit. (Ord. 92-3; Ord. 84-2 § 6.100)
17.60.110 Violation of conditions.
The planning commission, on its own motion, may revoke any conditional use permit for noncompliance with conditions set forth in the granting of the permit after first holding a public hearing and giving notice of such hearing as provided in Section 17.76.030. The foregoing shall not be the exclusive remedy, and it is unlawful and punishable hereunder for any person to violate any condition imposed by a conditional use permit. (Ord. 92-3; Ord. 84-2 § 6.110)
17.60.120 Limitation on new applications.
In a case where an application is denied by the planning commission, or denied by the city council on appeal from the planning commission, unless specifically stated to be without prejudice, it shall not be eligible for resubmittal for a period of one year from the date of said denial unless, in the opinion of the planning commission, new evidence is submitted or conditions have changed to an extent that further consideration is warranted. (Ord. 92-3; Ord. 84-2 § 6.120)
17.60.130 Notification of action.
The city manager or his designee shall notify the applicant for a conditional use permit of the planning commission’s action within the time period specified in Section 17.76.030 after entry of the final order. A copy of the order shall be provided to the applicant. (Ord. 92-3; Ord. 84-2 § 6.130)
17.60.140 Mapping.
Within thirty days after the entry of the final order of a conditional use permit, the permit application file number shall be indicated on the official zoning map on the lot or lots affected by such permit. (Ord. 92-3; Ord. 84-2 § 6.140)
17.60.150 Use permit to run with the land.
A conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application, except as otherwise provided in this section. (Ord. 92-3; Ord. 84-2 § 6.150)