Chapter 17.84
CONDITIONAL USE PERMITS
Sections:
17.84.010 Description and purpose.
17.84.020 Uses subject to conditional use permit in any zone.
17.84.060 Planning commission decision.
17.84.090 Revocation of conditional use permit.
17.84.100 Limitation of new application.
17.84.110 Use permit to run with the land.
17.84.120 Expiration of permit.
17.84.010 Description and purpose.
Certain types of use require special consideration prior to their being permitted in a particular district. The reasons for requiring such special consideration involve, among other things, the size of the area required for the full development of such uses, the nature of the pedestrian and traffic problems inherent in the operation of the use, the effect such uses have on any adjoining land uses and on the growth and development of the community as a whole.
All uses permitted conditionally are declared to be possessing such unique and special characteristics as to make impractical their being included as outright uses in any of the various district herein defined. The authority for the location and operation of conditional uses shall be subject to review and the issuance of a conditional use permit. The purpose of conditional use permit reviews shall be to determine that the characteristics of any such use shall not be unreasonably incompatible with the type of uses existing or permitted in surrounding areas. It is the further purpose of the conditional use permit to stipulate such conditions as may be reasonable so that the basic purpose of this chapter shall be served. Nothing herein shall be construed to require the planning commission to grant a conditional use permit. [Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (6.010), 1980].
17.84.020 Uses subject to conditional use permit in any zone.
In addition to conditional uses listed in each district, the following uses are subject to conditional use permits in any zone:
A. Airports, landing fields and helicopter pads.
B. Establishments or enterprises involving large assemblages of people and/or automobiles as follows: amusement parks; circuses; carnivals; or fairgrounds; labor camps; drive-in or open air theaters; race tracks; stadiums; tent shows or public gatherings to be held in tents or temporary structures.
C. Institutions for treatment of alcoholics.
D. Jail farms or honor farms used for the rehabilitation of prisoners.
E. Mental hospitals.
F. Borrow pits.
G. Commercial incinerators.
H. Dumps.
I. Explosives, storage of.
J. Fuel, inflammable liquids, large scale storage of.
K. Auto wrecking yard or junk yard (completely enclosed with a seven-foot solid fence and operable gates). No vehicles, salvage materials or equipment is to be allowed outside the fenced area.
L. Natural mineral resource operations together with the necessary buildings, apparatus, or appurtenances incidental thereto. This shall include, but not be limited to, the following: exploration of, and extraction of, oil, gas, rock, sand, gravel, clay or shale.
M. Refuse, disposal or transfer of.
N. Sewage treatment plants.
O. Any use which the city determines may be a source of noise pollution. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (6.020), 1980].
17.84.030 Application.
A. General. No building permit shall be issued in any zoning district for a project subject to a conditional use permit approval until an approval has taken effect in accordance with this chapter.
B. Application. An application shall be filed with the city by the property owner or authorized agent on forms specified by the city. Such application shall be accompanied by required findings of fact, a site plan as per Chapter 17.60 EPMC, a filing fee as prescribed by the city council, and a list of all property owners whose land lies within 300 feet of the applicant’s property.
C. Burden of Proof. The proponents of the conditional use permit have the burden of proving justification for the permit. The greater the impact of the land use in the neighborhood, the greater is the burden on the proponent to find ways to minimize the land use impact. [Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (6.030), 1980].
17.84.040 Public hearing.
The planning commission shall hold a public hearing on any application for a conditional use permit. Upon receipt of a complete application, such a hearing shall be scheduled, and the application shall be processed as a Type A land use decision, pursuant to Chapter 17.96 EPMC. [Ord. 9-93 § 1 (Exh. A), 1990; Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (6.040), 1980].
17.84.050 Findings of fact.
The applicant shall submit detailed information describing the proposal, in support of the following required findings of fact. The planning commission may use the applicant’s findings as part of the final decision as submitted or amended. To grant an approval, the commission must conclude that all required findings have been met:
A. That the conditional use is in conformance with the letter and intent of the comprehensive plan and zoning ordinance.
B. That the potential positive impacts outweigh the negative impacts of the conditional use as it relates to the public health, safety and general welfare of the area.
C. That the conditional use property and buildings are adequate in size and shape to accommodate said use, and all yard spaces, walls and fences, parking, loading, landscaping and other features are to standards required by this title.
D. That the conditional use relates to streets and highways adequate to width and pavement type to carry the quantity and kind of traffic generated by the proposed use. [Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-55 § 1 (Exh. A § 21), 1981; Ord. 9-52 § 1 (6.050), 1980].
17.84.060 Planning commission decision.
A. General. The planning commission shall make its written findings as provided in EPMC 17.84.050 within 40 days of the closure of the public hearing unless the time is extended by agreement with the applicant, and make one of the following decisions:
1. Approve the conditional use permit.
2. Deny the conditional use permit.
3. Approve the conditional use permit with conditions.
B. Conditions Which May Be Attached to Conditional Use Permits. The planning commission shall designate such conditions in connection with the conditional use permit as it deems necessary to secure the purpose of this chapter and may require guarantees and evidence that such conditions are being or will be complied with. Such conditions may include:
1. Regulation of building or land uses;
2. Special yards, spaces;
3. Construction of fences and walls;
4. Surfacing of parking areas subject to city specifications;
5. Regulations of points of vehicular ingress and egress;
6. Requiring street dedications and improvements;
7. Regulations of signs;
8. Requiring landscaping and maintenance thereof;
9. Requiring maintenance of the grounds;
10. Regulation of noise, vibration, odors, etc.;
11. Regulation of time for certain activities;
12. Time period within which the proposed use shall be developed;
13. Duration of land or building use;
14. 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 chapter.
C. Abandonment or Withdrawal of Conditional Use Permit Application. The planning commission, by motion, may abandon any proceedings for conditional use permit; provided, that the abandonment motion occurs during proceedings of the planning commission; and provided, that any public meeting scheduled to discuss the matter has been held. The applicants for requested conditional use permits may request the matter be withdrawn from further consideration at the planning commission meeting where the matter is scheduled for planning commission action. [Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (6.060), 1980].
17.84.070 Appeals.
The decision of the planning commission may be appealed to the city council within 10 days of the planning commission decision in the manner prescribed in Chapter 17.100 EPMC. [Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (6.070), 1980].
17.84.080 Effective date.
No conditional use permit granted by the planning commission shall become effective until after an elapsed period of 10 days from the date of the action of the commission. [Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (6.080), 1980].
17.84.090 Revocation of conditional use permit.
The planning commission, on its own motion, at a public meeting, may revoke any conditional use permit for any of the following reasons:
A. Noncompliance with the conditions set forth in granting said permit.
B. Approval being obtained by fraud or misrepresentation.
C. The conditional use is being exercised in a manner, as determined by the planning commission, to be detrimental to the public health, safety or so as to constitute a public nuisance.
D. That the use for which such approval was granted has ceased to exist or has been suspended for one year or more.
E. That the permit granted is being or recently has been exercised in violation of any statute, ordinance, law or regulation.
F. That the conditions specifically mentioned in the permit have not been met. [Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (6.090), 1980].
17.84.100 Limitation of new application.
In case an application is denied by the planning commission, or, on appeal by the council, unless specifically stated to be without prejudice, it shall not be eligible for resubmittal for one year from 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. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (6.100), 1980].
17.84.110 Use permit to run with the land.
A conditional use permit applies to land uses and building uses regardless of the ownership of land or buildings. [Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (6.110), 1980].
17.84.120 Expiration of permit.
A conditional use permit must be used within two years of the date of approval by the planning commission. If the conditional use permit is not used, it shall become null and void unless it has been reactivated and extended as provided below:
A. Reactivation and extension of a conditional use permit which has been expired for no more than four years and is proposed to be developed without deviation from its original approval may receive a one-time, two-year approval at the planning director’s discretion without a public hearing. For this Type B decision, public notice and opportunity to appeal shall be provided as specified in EPMC 17.96.070.
B. Reactivation and extension of an expired conditional use permit which is proposed to be developed with deviation from its original approval shall be decided by the planning commission with a public hearing. [Ord. 2015-09 § 1 (Exh. A); Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (6.120), 1980].