50.07.005 CONDITIONAL USE PERMITS Revised 2/20

1. INTENT AND PURPOSE; EFFECT OF USE UNDER PRIOR CODE WHICH IS CONDITIONAL UNDER CURRENT CODE

a.    A conditional use is an activity which is permitted in a zone but which, because of some characteristics which are not entirely compatible with other uses allowed in the zone, cannot be permitted outright. A public hearing and review of the proposed conditional use by the hearing body and the imposition of conditions, if necessary, is intended to ensure that the use proposed will be as compatible as practical with surrounding uses, and is in conformance with the purposes and requirements of the district, if any, and with other applicable criteria and standards of the City.

b.    An alteration in a use which was classified by the prior zoning code as a permitted use that is by this Code classified as a conditional use shall conform to the requirements of this Code.

c.    A use that existed before December 16, 1982, which is permitted only upon receiving a conditional use permit under the terms of this Code, is not a nonconforming use, but is without further action to be considered a conforming use.

(Ord. 2579, Repealed and Replaced, 03/20/2012)

2. APPLICATION

Application for a conditional use shall be made on forms provided by the City for that purpose and shall be signed by the property owner, or shall be accompanied by the owner’s written authorization. The application shall include:

a.    Name, address and telephone number of applicant.

b.    Map number and/or subdivision block and lot.

c.    Narrative concerning the proposed request explaining how the applicable criteria are complied with.

d.    Copy of deed, signed earnest money agreement, or other document showing ownership or interest in property.

e.    Vicinity map.

f.    Comprehensive Plan and zoning designations.

g.    One map showing existing uses and a second map drawn in the same scale showing proposed development, placement of lot lines, etc. A survey map is not required.

h.    Detailed plans for the specific project (working drawings are not required).

i.    Names and addresses of property owners whose property is within 300 ft. of the applicant’s property which is the subject of the application or contiguous property owned by the applicant.

j.    Proof of payment of the applicable fees.

k.    Additional drawings, topographic surveys, photographs or other material necessary to understand the proposed use, and of its relationship to surrounding properties, may be required. The City Manager shall determine the completeness of an application. Variances may be applied for and considered concurrently with a conditional use application. All notifications for the conditional use application or hearing shall specifically state that variances have been applied for and clearly describe the proposed variances in terms understandable to a person of ordinary intelligence.

(Ord. 2579, Repealed and Replaced, 03/20/2012)

3. AUTHORIZATION TO PERMIT OR DENY CONDITIONAL USES

a.    An application for a conditional use shall be allowed if:

i.    The requirements of the zone are met; and

ii.    Special conditions found in LOC 50.03.003.3, 50.03.003.4.a through 50.03.003.4.c, 50.03.003.5.a, 50.03.003.5.c, 50.03.003.5.e through 50.03.003.5.f, 50.03.003.5.h, 50.03.003.6.a and 50.03.003.6.p.i, if applicable, are met; and

iii.    The site is physically capable of accommodating the proposed use; and

iv.    The functional characteristics of the proposed use are such that it can be made to be reasonably compatible with uses in its vicinity.

b.    In permitting a new conditional use, or the modification of an existing conditional use, the hearing body, or the City Manager in the case of a minor modification, may impose conditions which are suitable and necessary to assure compatibility of the proposed use with other uses in the vicinity. These conditions may include, but are not limited to:

i.    Limiting the manner in which the use is conducted, by restricting the time an activity may take place and by minimizing such environmental effects as noise, vibration, air pollution, glare and odor.

ii.    Establishing a special yard, setback, lot area or other lot dimension.

iii.    Limiting the height, size or location of a building or other structure.

iv.    Designating the size, number, location and design of vehicle access points.

v.    Increasing roadway widths, requiring street dedication, and/or requiring improvements within the street right-of-way.

vi.    Designating the size, location, screening, drainage, surfacing or other improvement of a parking area or truck loading area.

vii.    Limiting or otherwise designating the number, size, location, height and lighting of signs.

viii.    Limiting the location and intensity of outdoor lighting, requiring its shielding, or both.

ix.    Requiring berming, screening or landscaping and designating standards for its installation and maintenance.

x.    Designating the size, height, location and materials for fences.

xi.    Protecting and preserving existing trees, soils, vegetation, water resources, wildlife habitat or other significant natural resources.

xii.    On- and off-site public improvements.

The number of residential units allowed by the provisions of this Code on a site may be reduced only if it is found that development to that number will result in a violation of the standards stated in LOC 50.07.005.3.a.

(Ord. 2723, Amended, 10/18/2016; Ord. 2643, Amended, 11/04/2014; Ord. 2579, Repealed and Replaced, 03/20/2012)

4. MODIFICATION OF CONDITIONAL USE PERMIT

A request by the conditional use permit holder to substantially modify a conditional use permit shall be processed in the same manner as a request for a conditional use permit. Minor modifications of permits may be approved by the City Manager; provided, that such change:

a.    Meets all requirements of the development standards and other legal requirements; and

b.    Does not significantly affect other property or uses; will not cause any deterioration or loss of any natural feature, process or open space; nor significantly affect any public facility; and

c.    Does not affect any condition specifically placed on the development by action of the hearing body or City Council.

(Ord. 2612-A, Amended, 05/21/2013; Ord. 2579, Repealed and Replaced, 03/20/2012)

5. ABANDONMENT OF CONDITIONAL USE Revised 2/20

If a use operating pursuant to a conditional use permit is discontinued for a period of at least one year, any further use of the property shall conform to the requirements of this Code. The City Manager shall, in writing, grant a one-year extension to a conditional use where the request for the extension is made by written application prior to the expiration of the one-year period. After the expiration of any extension of use, such a conditional use shall not operate without first obtaining a new conditional use permit.

(Ord. 2832, Amended, 01/07/2020; Ord. 2732, Amended, 02/21/2017; Ord. 2579, Repealed and Replaced, 03/20/2012)

6. REVIEW OF CONDITIONAL USE PERMITS; AMENDMENT AND REVOCATION PROCEDURES

a.    Uses operating pursuant to a conditional use permit may be reviewed to determine whether or not the conditions applied are continuing to be met.

b.    The hearing body is authorized to amend a conditional use permit or to provide for further conditions to more adequately assure compatibility of such uses to adjacent land uses, public facilities or other requirements of this Code, or to terminate a permit, if it is found that the applicable requirements or conditions are not being met.

c.    A conditional use permit may be revoked or modified by the hearing body if the applicable conditions or the specific requirements of this Code are not continuously met and also for the reasons stated in LOC 50.09.002.3, Revocation of Permit.

i.    Amendment or revocation pursuant to LOC 50.07.005.6.b may only occur after a hearing before the hearing body at which the permit holder and interested persons have been given an opportunity to be heard on the question. This procedure is not exclusive and is in addition to any other procedure allowed by law.

ii.    The owner of record of the affected property shall be notified, by certified mail, and notice shall be posted on or within 50 ft. of the property not less than ten days prior to the date of the hearing of the public hearing. The notice shall specify the nonconformance alleged and the actions which may be taken if nonconformance is confirmed.

iii.    The hearing body shall hold a hearing pursuant to the provisions of LOC 50.07.003.3.c and LOC 50.07.003.15.b.i and ii. After consideration of all evidence presented at the public hearing, the City Manager’s report, the applicable Code provisions, the use permit requirements, and the criteria set forth in LOC 50.09.002.3, Revocation of Permit, the hearing body may revoke, terminate, allow continuation of the use, amend the use permit, or may grant additional time to bring the use into conformance. If additional time is granted, specific direction may be given setting forth the changes required to achieve conformance. An appeal to the City Council may be taken pursuant to LOC 50.07.003.7, Appeals.

iv.    The hearing body’s action shall be transmitted to the owner of the affected property by mail, together with an explanation of the procedures for appeal to the City Council.

(Ord. 2643, Amended, 11/04/2014; Ord. 2579, Repealed and Replaced, 03/20/2012)