Chapter 18.28


18.28.010    Conditional use defined.

18.28.020    Permit required.

18.28.030    Conditions imposed.

18.28.044    Required findings.

18.28.050    General requirements.

18.28.010 Conditional use defined.

For the definition of “conditional use,” see Section 18.01.040. (Ord. 527, 1989)

18.28.020 Permit required.

A conditional use may be approved when authorized by this title when findings required by this title are made. All approved conditional uses shall be authorized by a permit, which states the required finding and reasons therefor, the conditions imposed on the use, structure, the location of the conditional use and the time limit, if any. (Ord. 527, 1989)

18.28.030 Conditions imposed.

In addition to the other requirements of this title, any condition reasonably required to allow the proposed use or activity to meet the standards of the required findings below may be imposed. Such conditions may include, but are not limited to:

A. Requirements for environmental protection;

B. Landscaping, clearing, planting, fencing and screening requirements;

C. Requirements of site restoration, reforestation or regrading after use of the land;

D. Setbacks, height and bulk requirements;

E. Safety requirements, such as time of operations, traffic routing, limitations on processes, etc. (Ord. 527, 1989)

18.28.044 Required findings.

A. The proposed use, at the proposed location, is consistent with the purposes of the comprehensive plan, the zoning code and the zone district in which it is to be located, and that the proposed use will meet all applicable requirements of this title.

B. The use, as conditioned, will not be significantly detrimental to the public health, safety and welfare; diminish the value of nearby property or improvements; or disturb persons in the use of property unless the conditional use is a public necessity. (Ord. 527, 1989)

18.28.050 General requirements.

A. The city shall determine whether the conditional use permit will run with the land or be personal. If the conditional use is personal, the permit is nontransferable to other persons. The city may require the permit to be recorded with the county auditor as a covenant on the property.

B. The conditional use permit must be acted upon within one year from the date of approval or the permit shall expire. The holder of the permit may request an extension of time before the expiration date and the mayor, upon the recommendation of the planning official, may grant one extension of time of up to one year past the original expiration date.

C. The conditional use permit, even if issued to the person, applies only to the property on which it was issued and may not be transferred to any other property.

D. A conditional use permit may be denied if the city finds the proposed use cannot be conditioned so that the required findings can be made.

E. A conditional use permit shall expire if the use is discontinued for a period of 12 months or longer. (Ord. 957 § 21, 2011; Ord. 696, 1995; Ord. 527, 1989)