The conditional use permit is intended for those types of land uses which require special consideration because they possess unique characteristics or present special issues that make being a permitted use impractical or undesirable. The city staff should consider the following with regard to evaluating conditional uses: appropriate area needed for the proposal, traffic and noise impacts, potential odors and light pollution, vibration, smoke or other problems incidental to its operation. Applicants shall not be deemed to have any "right" to a conditional use permit; such permit is a discretionary action under the zoning regulations, the granting of the permit shall be viewed as a special dispensation. The city has sole authority to grant the entitlement to an applicant and a conditional use permit shall only be granted with the establishment of certain conditions to protect the health, safety and general welfare of the neighborhood or community, subject to the following findings:
A.
The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this chapter.
B.
The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located.
C.
The site for the intended use is adequate in size and shape to accommodate such use and all of the yards, setbacks and walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses on land in the neighborhood.
D.
The site for the proposed uses relates properly to streets and highways which are designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use.
E.
The applicant agrees to comply with any and all of the conditions imposed by the review authority or be subject to a revocation hearing.
Uses existing on the effective date of the ordinance codified in this chapter which are listed as permitted subject to conditional use permit in the zone in which they are located may continue without securing such a permit; however, any extension or expansion of such use shall require a conditional use permit. |
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)