Chapter 17.56
CONDITIONAL USE PERMITS
Sections:
17.56.010 General requirements.
17.56.020 Repealed.
17.56.030 Procedure.
17.56.040 Flexibility of bulk restrictions and lot size requirements.
17.56.050 Time limitations.
17.56.060 Criteria.
17.56.010 General requirements.
Conditional uses are not allowed outright, but may or may not be permitted in a given zone depending upon whether the proper conditions exist. They are also conditional in the sense that conditions may be attached to approval of such permits, conditional use permits, as with all zoning regulations, go with the land. All aspects of the application, including site plans and design of signs and other improvements, are considered binding. (Ord. 1013 § 4.02.01, 1985)
17.56.020 Fee.
Repealed by Ord. 1651-09. (Ord. 1013 § 4.02.02, 1985)
17.56.030 Procedure.
The procedure for a conditional use permit shall be as set forth in Chapter 2.90 for consolidated permit processing, and also includes the following:
A. The applicant is encouraged to consult with the planning director prior to application.
B. Applicant completes and submits to the planning director a conditional use permit application form together with fee. The application form will establish the necessary information.
C. The planning director schedules a public hearing before the hearing examiner the soonest meeting for which time exists to meet advertising and notice requirements.
D. The planning director mails a notice of public hearing to the owners of all property within three hundred feet and causes same to be published in a newspaper of general circulation. Date of mailing and publication must be at least fifteen days before the public hearing.
E. The hearing examiner holds a public hearing and issues a decision. The hearing examiner is delegated authority for conditional use permits but in the case of developments which the hearing examiner considers major, it may instead make recommendation to the council, which may affirm, modify or disaffirm the recommendation of the hearing examiner.
F. Unless the hearing examiner chooses to recommend, the decision may be appealed to the city council if submitted in writing to the planning director within fourteen calendar days. (Ord. 1607-08 § 7(F), 2008: Ord. 1312-98 § 1 (part), 1998: Ord. 1013 § 4.02.03, 1985)
17.56.040 Flexibility of bulk restrictions and lot size requirements.
Whereas the bulk restrictions and lot size requirements of the particular zone shall generally apply to conditional uses, the city may impose greater or lesser bulk restrictions and lot size requirements as determined through the conditional use permit process. (Ord. 1013 § 4.02.04, 1985)
17.56.050 Time limitations.
Conditional use permits shall become void if substantial progress toward construction of improvements is not made within two years or if the use has not commenced within five years, which periods may be extended by the hearing examiner for good cause. (Ord. 1607-08 § 7(G), 2008: Ord. 1013 § 4.02.05, 1985)
17.56.060 Criteria.
The criteria upon which a conditional use permit application is judged shall be the extent to which it:
A. Conforms to the comprehensive plan;
B. Is compatible with the surrounding area, that is, causes no unreasonable adverse impacts; and
C. Is well-planned in all respects so as to be an asset to the community. (Ord. 1013 § 4.02.06, 1985)