Chapter 4.5
Conditional Use Permits


4.5.100    Purpose

4.5.110    Approvals Process

4.5.120    Application Submission Requirements

4.5.130    Criteria, Standards and Conditions of Approval

4.5.140    Additional Development Standards for Conditional Use Types

4.5.100 Purpose.

There are certain uses that, due to the nature of their impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. These are identified as “Conditional Uses” in Chapter 2 - Land Use Districts. The purpose of this Chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered.

4.5.110 Approvals Process.

A.    Initial Application. An application for a new conditional use shall be processed as a Type III procedure pursuant to Chapter 4.2, Section 4.2.140. The application shall meet submission requirements in Section 4.5.120, and the approval criteria contained in Section 4.5.130.

B.    Modification of Approved or Existing Conditional Use. Modifications to approved or existing conditional uses shall be processed in accordance with Chapter 4.6 – Modifications to Approved Plans.

4.5.120 Submission Requirements.

In addition to the submission requirements for a Type III application, a conditional use permit application must include the following information, as applicable. For a description of each item, please refer to Chapter 4.3, Section 4.3.140 - Site Design Review Application Submission Requirements:

A.    Existing site conditions;

B.    Site plan;

C.    Preliminary grading plan;

D.    A landscape plan;

E.    Architectural drawings of all structures;

F.    Drawings of all proposed signs;

G.    A copy of all existing and proposed restrictions or covenants.

H.    Written narrative addressing compliance with all applicable approval criteria in Section 4.5.130.

4.5.130 Criteria, Standards and Conditions of Approval

The Planning Commission shall approve, approve with conditions, or deny an application for a conditional use or an application to enlarge or alter a conditional use based on findings of fact with respect to each of the following standards and criteria:

A.    Conditional Use Criteria.

1.    The site size, location, topography and access are adequate for the needs of the proposed use, considering the scale of the proposed building(s), parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;

2.    The negative impacts of the proposed use on adjacent properties and on the public can be mitigated through application of other code standards, or other reasonable conditions of approval; and

3.    All required public facilities, including water, sanitary sewer, and streets, have adequate capacity or will be improved to serve the proposal, consistent with City standards; and

4.    A conditional use permit shall not allow a use that is prohibited or not expressly allowed in a Zoning District; nor shall a conditional use permit grant a variance without a variance application being reviewed with the conditional use application.

B.    Site Design Standards. Any applicable criteria for Site Design Review approval in Chapter 4.3, Section 4.3.150 shall be met.

C.    Conditions of Approval. The City may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, the following:

1.    Limiting the hours, days, place and/or manner of operation;

2.    Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust;

3.    Requiring larger setback areas;

4.    Limiting the building height, size or lot coverage, and/or location on the site;

5.    Designating the size, number, location and/or design of vehicle access points or parking areas;

6.    Requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, or pathways to be improved;

7.    Requiring improvements to water, sanitary sewer, or storm drainage systems, in conformance with City standards; and

8.    Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;

9.    Limiting the number, size, location, height and/or lighting of signs;

10.    Limiting, setting or imposing standards for the location, type, design and/or intensity of outdoor lighting;

11.    Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;

12.    Requiring and designating the size, height, location and/or materials for fences;

13.    Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources and/or sensitive lands;

14.    Requiring the dedication of sufficient land to the public, and/or construction of a pedestrian/bicycle pathways in accordance with the adopted plans. Dedication of land and construction shall conform to the provisions of Chapter 3.5 – Public Facilities.

15.    The Planning Commission may require periodic review and renewal of conditional use permits annually or in accordance with another timetable as approved pursuant to this Chapter. Where applicable, the timetable shall provide for periodic review and renewal, or expiration, of the conditional use permit to ensure compliance with conditions of approval; such period review may occur through a Type II review process before the Planning Commission, except where the Planning Commission delegates authority to the City Planner to issue renewals, who shall do so through a Type I or Type II procedure, as applicable (see Chapter 4.2 – Application and Review Procedures).

4.5.140 Additional Development Standards for Conditional Use Types

A.    Concurrent Variance Application(s). A conditional use permit shall not grant variances to regulations otherwise prescribed by this Code. Variance application(s) may be filed in conjunction with the conditional use application and both applications may be reviewed at the same hearing.

B.    Additional development standards. Development standards for specific uses are contained in Chapter 2 – Zoning Districts.