Chapter 17.92


17.92.010    Generally.

17.92.020    Public hearing notification.

17.92.030    Approval or rejection of application – Standards.

17.92.040    Appeal from board of decisions.

17.92.010 Generally.

A. Conditional property uses, because of public convenience and necessity and their effect upon the neighborhood, shall be permitted only upon the approval of the board of adjustment, after due notice and a public hearing held in accordance with EWMC 17.92.020.

B. Permits for conditional property uses shall be signed by the secretary of the board of adjustment and shall stipulate restrictions or conditions which may include a definite time limit, provisions for a front, side or rear yard greater than the minimum requirements of the zoning ordinance, suitable landscaping, off-street parking and any other reasonable restrictions, conditions or safeguards that would uphold the spirit and intent of the zoning ordinance and mitigate any adverse effect upon the neighborhood properties by reason of the use extension, construction or alteration allowed.

C. The board of adjustment may require that the applicant for a permit for conditional property use furnish the city with a performance bond up to the value of the cost of the improvement to be guaranteed by such bond in order to assure the property development of a conditional property use with the restrictions and conditions specified by the board of adjustment on the conditional use permit and as set forth in this title.

D. If not otherwise specified by the board of adjustment, the conditional use permit shall expire at the end of a period of one year from the time it is granted if the use for which the permit is granted is not substantially established by that time. Any conditional use permit, if granted, shall pertain only to the specific use and specific property of the applicant. In the event of any use of the property not fully described as authorized in the permit which was granted, such permit is void and the use of the property shall immediately be restricted to those permissive uses of the zone in which the property is situated. Any applicant desiring an amendment to an existing conditional use permit must comply with the procedures for approval of a conditional use permit as set forth in this title.

E. The officer having charge of the enforcement of this code shall have at any time the right and duty to investigate any complaints concerning the use of any structure or property or the continuance of a conditional use in accordance with the provisions of this title covering conditional property uses. Upon his finding that the use or continued use of such premises is contrary to the provisions of this title establishing conditions for such use then he shall forthwith issue a cease and desist order prohibiting the use or continuance of use of said premises for the said purpose and it shall be abated as a public nuisance. Any cease and desist issued by the administrator as above provided shall be appealable in writing to the board of adjustment for a period of 30 days after the issuance of the order.

F. Any conditional property use shall meet the minimum dimensional standards of the zone in which it is to be located as well as the minimum conditions listed in this chapter and in Chapter 17.64 EWMC for specific conditional uses identified therein. (Ord. 92-1 § 3, 1992; Ord. 91-5 § 2, 1991)

17.92.020 Public hearing notification.

Before a request for a conditional use permit is acted upon by the board of adjustment it shall be considered at a public hearing. Notice of the public hearing shall be given as follows:

A. By sending copies of the notice by mail not less than five days nor more than 14 days prior to the date of the hearing to all property owners within 300 feet of the exterior boundaries of the property involved, and it shall be the responsibility of the applicant to provide mailing labels with the name and addresses of owners as shown on the records of the county assessor;

B. At the discretion of the staff additional announcement of the public hearing may be given by posting copies of the notice in a conspicuous place at or near the location of the proposal, or by such radio and/or press advertisement as deemed necessary. (Ord. 92-1 § 4, 1992; Ord. 91-5 § 2, 1991)

17.92.030 Approval or rejection of application – Standards.

The board of adjustment may approve a conditional use permit application only upon finding that:

A. The proposal is compatible with the intent of the Comprehensive Plan for the city;

B. The proposal is 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. 91-5 § 2, 1991)

17.92.040 Appeal from board of decisions.

All appeals of any decision by the board of adjustment shall be made in accordance with EWMC 17.96.090, as presently enacted or hereafter amended. (Ord. 92-1 § 5, 1992; Ord. 91-5 § 2, 1991)