Chapter 17.108
CONDITIONAL USES AND ADMINISTRATIVE APPROVAL USES

Sections:

17.108.010    Conditional use – Authority to grant permit.

17.108.020    Conditional use permit application.

17.108.030    Conditional use review standards.

17.108.040    Conditional use permit revisions.

17.108.010 Conditional use – Authority to grant permit.

A. Except as provided in subsection (B) of this section, all conditional use permit applications are Process III applications. They are reviewed and processed in the manner set forth in Chapter 14.05 MVMC for Process III applications. The hearing examiner is the approval authority and the hearing examiner’s decisions may be appealed to the city council.

B. Administrative conditional use permit applications are Process II applications. They are reviewed and processed in the manner set forth in Chapter 14.05 MVMC for Process II applications. The development services director is the approval authority and the development services director’s decisions may be appealed to the hearing examiner. The development services director may forward an application for an administrative conditional use permit to the hearing examiner for a decision if the applicant or a party with standing requests that the decision be moved to the hearing examiner for a public hearing and decision. If the application is moved to the hearing examiner for consideration, the process for a Type III permit shall be followed per Chapter 14.05 MVMC and the appropriate permit fee shall apply. (Ord. 3193 § 28, 2004; Ord. 2352, 1989).

17.108.020 Conditional use permit application.

Application for a conditional use permit shall be made in the manner set forth in Chapter 14.05 MVMC. (Ord. 3429 § 181, 2008).

17.108.030 Conditional use review standards.

Before granting approval for a conditional use permit, the hearing examiner, or development services director as applicable, shall find that all applicable standards of the use district in which the conditional use will be located are fulfilled and shall also find that the proposal satisfies the following criteria:

A. The proposal is compatible with the intent of the comprehensive plan for the city;

B. The proposal shall be compatible with the surrounding neighborhood;

C. The surrounding neighborhood would not be negatively impacted by the size, arrangement or architectural design of the proposed use;

D. Traffic patterns are not severely impacted;

E. Public facilities are available to serve the proposed development;

F. The proposal has no materially detrimental effects on neighboring properties due to excessive noise, lighting or other interference with the peaceful use and possession of said neighboring properties;

G. The proposal has been designed to minimize adverse effects on neighboring properties;

H. Landscaping materials are provided in sufficient quantities and locations to screen objectionable views, break up large parking areas and present an aesthetically attractive appearance. (Ord. 3193 § 30, 2004; Ord. 2352, 1989).

17.108.040 Conditional use permit revisions.

The community and economic development director may administratively approve revisions to conditional use permits; provided, that the proposed changes can be defined as minor modifications per MVMC 14.05.220. (Ord. 3429 § 182, 2008).