Chapter 19.150
CONDITIONAL USE PERMITS

Sections:

19.150.010    Purpose.

19.150.020    Permit type.

19.150.030    Decision criteria.

19.150.040    Conditions.

19.150.010 Purpose.

The purpose of Chapter 19.150 SVMC is to establish criteria for determining the conditions under which a use(s) is permitted within a zoning district. Certain uses are classified as conditional uses because of their size, infrequent occurrence, special requirements, possible safety hazards or detrimental effects on surrounding properties, and other similar reasons. A conditional use permit (CUP) is subject to specific review during which additional conditions may be imposed to assure compatibility of the use with other uses in the vicinity. A request for a CUP may be denied where it cannot be clearly demonstrated that the requested use will be compatible with other permitted uses in the vicinity of the proposed conditional use. (Ord. 16-018 § 6 (Att. B), 2016).

19.150.020 Permit type.

CUPs are classified as Type III permit applications and shall be processed pursuant to SVMC 17.80.070. (Ord. 16-018 § 6 (Att. B), 2016).

19.150.030 Decision criteria.

A. A CUP may only be granted if the applicant demonstrates that:

1. The conditional use is consistent with the Comprehensive Plan and with the character and appearance of the existing or proposed development in the vicinity of the subject property;

2. The location, size, and height of buildings, structures, walls and fences, and visual screening for the conditional use shall not hinder or discourage the permitted development or use of neighboring properties;

3. Requested modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of SVMC Title 19;

4. The conditional use does not conflict with the health and safety of the community;

5. The proposed location does not result in the detrimental over-concentration of a particular use within the City or within the immediate area of the proposed use, unless the proposed use is deemed a public necessity;

6. The pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood; and

7. There are adequate public facilities or services to support the use and the use will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities. (Ord. 16-018 § 6 (Att. B), 2016).

19.150.040 Conditions.

A. In approving a CUP, the hearing examiner may stipulate conditions including, but not limited to, the following:

1. Control of use;

2. Greater front, side, or rear yard setbacks than the minimum standards of the zoning district within which the subject property is located;

3. Special landscaping, screening, fencing, signing, off-street parking, public transit, and/or high occupancy vehicle facilities or any other general development standards;

4. Right-of-way or easement dedications and/or streets and drainage improvements necessary as a result of the proposed use;

5. Limited vehicular ingress and egress;

6. Control of noise, vibration, odor, glare, and other environmental considerations;

7. Restricted hours of operation;

8. Duration or time limitations for certain activities; and/or

9. Any other reasonable restrictions, conditions, or safeguards that will uphold the intent of the SVMC and the Comprehensive Plan and mitigate any adverse impact upon the adjacent properties by reason of use, extension, construction, or alteration allowed.

B. A CUP may be suspended or revoked if, after a public hearing with notice as provided in SVMC 17.80.070, the hearing examiner finds that a grantee or their successors in interest fail to comply with the conditions or restrictions included in the CUP. (Ord. 16-018 § 6 (Att. B), 2016).