A Conditional Use Permit must be applied for under the provisions of
§ 3.0703 Conditional Use Permit. The criteria for determining conditions under this permit are described in
§ 4.10: Conditional Use Criteria. Such uses are subject to all other applicable regulations of this Code.
3.07.03 Conditional Use Permit.
A.
Applicability. Conditional Use permits allow for discretionary City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this Code. These uses and the districts where they may locate are listed in Section
4.09. These uses may locate in districts as indicated under special conditions. No such use shall commence without prior approval of a Conditional Use permit.
B.
Approval Criteria. A binding Site Plan for the Conditional Use Permit must be approved by the City Council in order to approve issuance of a Conditional Use Permit.
1. The Site Plan must be reviewed by the City Manager for compliance with this Code.
2. In addition to the criteria for zoning changes in
§ 3.07: Policy-Related Applications, the City Council may approve an application for a Conditional Use Permit where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the general public. The City Council will review the Conditional Use Permit application based on the potential use’s impact on the health, safety and welfare of the surrounding neighborhood; its impact on public infrastructure such as roads, parking facilities and water and sewer systems; and its impact on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to adequately provide services.
3. Any modification to an approved site plan that was filed as part of a Conditional Use Permit shall cause the Conditional Use Permit to become void, regardless of its current status, including any approval previously given by the City Council.
4. Such Conditional Use Permits must be resubmitted to the City Manager and the City Council for consideration using the modified site plan.
5. The City Manager may determine that the modification to the site plan does not change the basis for Conditional Use Permit approval and issue a temporary approval to the modified Conditional Use Permit. In this case, the City Manager shall report this action in writing to the City Council and place the modified Conditional Use Permit directly on the City Council agenda for action at the Council’s next meeting.
6. If the City Manager determines that the modifications to the site plan change the basis for the initial Conditional Use Permit approval, the modified permit shall follow the regular review process for a regularly submitted Conditional Use Permit.
C. Responsibility for Final Action. The City Council is responsible for final action on applications for Conditional Use Permits.
Conditional Use Criteria.
4.10.01 Procedure and Criteria.
A conditional use application follows the same procedures as a rezoning application, The Planning and Zoning Commission will review an application for conditional use with consideration of the following criteria, which may exceed the standards prescribed in Chapter
6, Site Development Standards:
A. Consistency with the Comprehensive Plan.
B. Conformance with applicable regulations in this Code and standards established by the regulations.
C. Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk, scale, setbacks and open spaces, landscaping and site development, and access and circulation features.
D. Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent that such impacts exceed those which reasonably may result from use of the site by a permitted use.
E. Modifications to the site plan which would result in increased compatibility or would mitigate potentially unfavorable impacts or would be necessary to conform to applicable regulations and standards and to protect the public health, safety, morals and general welfare.
F. Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use.
G. Protection of persons and property from erosion, flood or water damage, fire, noise, glare and similar hazards of impacts.
H. Location, lighting and type of signs; and relation of sills to traffic control and adverse effect on adjacent properties.
I. Adequacy and convenience of off-street parking and loading facilities.
4.10.02 Required Findings.
The Planning and Zoning Commission makes a recommendation to the City Council, based upon its findings that:
A. The proposed use is in accord with the objectives of these regulations and the purposes of the district in which the site is located.
B. That the proposed use will comply [with] each of the applicable provisions of these regulations.
C. That the proposed use and site development, together with any modifications applicable thereto, will be completely compatible with existing or permitted uses in the vicinity.
D. That the conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses and ensure compatibility with existing or permitted uses in the same district and the surrounding area, and that the prescribed Site Development Regulations do not provide enough mitigation of the impacts identified, thus warranting stricter standards, if so recommended.
E. The Commission has given due consideration to all technical information supplied by the applicant.
F. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.
4.10.03 Establishment of Conditions.
The Planning and Zoning Commission may establish conditions for approval, including, but not limited to:
A. requirements for special yards,
B. open spaces,
C. buffers,
D. fences, walls and screening,
E. landscaping,
F. erosion control,
G. street improvements and dedications,
H. regulation of vehicle ingress and egress and traffic circulation,
I. regulation of signs, hours and other characteristics of operation,
J. requirements for maintenance of landscaping and other improvements,
K. establishment of development schedules or time limits for performance of completion, and
L. any other conditions the Commission deems necessary to insure compatibility with surrounding uses, preserving public health, safety, and welfare, and to enable the Commission to make its findings.
