A. 
Certain uses are allowed in certain zones only conditionally. As a conditional use they are subject to specific regulations because they may have significant adverse effects on the environment, overburden public services, change the desired character of an area, or create nuisances. A review of these proposed uses is necessary due to the potential individual or cumulative impacts they may have on the surrounding area or neighborhood. The conditional use process provides an opportunity to allow conditional uses when they serve a public good or meet a need, and to ensure that negative impacts from the use are mitigated. A conditional use permit except as allowed in Section 10.5.100.040, does not by itself cause a change in any zoning or development standards; changes to development standards for a conditional use must go through the appropriate processes, such as a variance or adjustment, as outlined elsewhere in this document.
B. 
Applicants for conditional uses may choose a two-stage process. First submit an application based on concept approval through the quasi-judicial conditional use process in this Article and then detailed site plans.
Pre-existing uses which after the enactment of this Title would be allowed only as conditional uses shall be required to obtain an approved conditional use permit when an increase of 10% or greater is proposed for parking areas, combined square footage of structures, or total building footprint(s) of the pre-existing conditional use. Any change to a pre-existing use which would require new conditional use review shall be processed as a new conditional use permit application in accordance with the provisions of this Article. A preexisting use that applies for a conditional use permit and is denied retains its status as a pre-existing use. Expansions of City facilities which have been approved by the City Council after any public hearing are exempt from the requirements of this Article.
A. 
Applications. In addition to the requirements of Article 3.010: Application Procedures, conditional use permit applications shall be accompanied by one electronic copy of plans consistent with Article 6.180. The City, at its discretion, may require the application include a paper copy of one or more of the plans described in Article 6.180: Required Plans.
B. 
Review.
1. 
Conditional use permits shall be processed as quasi-judicial actions, per the provisions of Section 10.3.020.050: Quasi-Judicial Actions, and approved or denied by the Hearings Officer.
2. 
Site plan approval, and when required, detailed landscape plan and detailed construction design plan approval, per the provisions of Article 6.180: Required Plans, shall always be a condition of conditional use approval. Concept site plans can be submitted for review by the Hearings Officer in lieu of the detailed site plan required for building permit approval. See subsection C of this section.
3. 
The Hearings Officer may require a performance guarantee, per the provisions of Section 10.9.040.060.I: Performance Guarantee, to ensure compliance with any conditions of approval.
C. 
Concept Review.
1. 
The City offers a two-stage concept approval process for conditional uses. The applicant may request initial concept approval using the quasi-judicial process. If approval of the concept is granted, the applicant must then submit a detailed site plan and get final approval through the site plan review process.
2. 
Applicants choosing the concept option must provide sufficient information in the form of site plans, narratives, or other documents to allow the Hearings Officer to make an initial decision.
3. 
The Hearings Officer may impose conditions or require performance guarantees on concept approval in the same manner as for regular conditional use applications.
(Ord. 23-1400; Ord. 26-1424, 1/12/2026)
A conditional use permit shall be granted if the Hearings Officer finds that the proposed use conforms with, or can be made to conform with through added conditions, any related requirements of this and other City ordinances and all of the following criteria:
A. 
Permitted Conditional Use. The proposed use is conditionally permitted in the zone district where it is proposed to be located.
B. 
Standards. The proposed use conforms to all applicable standards of the zone district where the use is proposed to be located. The proposed use will also be consistent with the purposes of this Title, and any other statutes, ordinances, or policies that may be applicable.
C. 
Impact. The proposed structure(s) and use(s) shall be designed and operated in such a way as to meet the standards of this Article. Impacts caused by the construction of the conditional use shall not be considered regarding a decision on the validation of the application.
1. 
Noise impacts across the property line shall not exceed 60 decibels. Noise related to traffic impacts shall not be included in this determination. Nothing in this Article shall modify other noise ordinance standards as adopted by the City.
2. 
Lighting impacts across the property line shall not exceed 0.5 foot-candles (a foot-candle is the amount of light falling upon a 1-square-foot surface which is 1 foot away from a 1-candlepower light source.)
3. 
Dust and other particulate matter shall be confined to the subject property.
4. 
The following odors shall be completely confined to subject property:
a. 
Industrial and/or chemical grade chemicals, solvents, paints, cleaners, and similar substances;
b. 
Fuels; and
c. 
Fertilizers, manure, or other animal waste products, other than for landscape installation and maintenance.
5. 
Vibrations shall not be felt across the property line.
6. 
The transportation system is capable, or can be made capable, of supporting the additional transportation impacts generated by the use. Evaluation factors shall include, but are limited to:
a. 
Street designation and capacities;
b. 
On-street parking impacts;
c. 
Bicycle safety and connectivity;
d. 
Pedestrian safety and connectivity; and
e. 
Transit capacity and efficiency.
7. 
In areas designated as Historic Districts, proposed development and redevelopment shall first require review and approval of the Historic Landmarks Commission in accordance with the procedures of Chapter 11.12 - Historic Resources.
(Ord. 26-1424, 1/12/2026)
Certain conditional uses in certain zones require specific conditions to guard against impacts that, in addition to those in the previous section, may adversely affect the health, welfare, safety, privacy, and/or neighborhood character of the surrounding persons and property.
Uses in RL-Low Density Residential District zone: The RL zone is the most restrictive of the residential zones, focusing primarily on single-family residences on the majority of lots. To preserve the residential character of this zone, the size, location, and other characteristics of certain conditional uses in this zone shall be regulated.
The majority of existing conforming structures in the RL zone is substantially below the maximum allowable limits for building height, lot coverage, and front and/or rear yard setbacks. It would therefore be possible for the structure of a conditional use to adhere to the zoning standards for the RL zone, but still appear out-of-character with the existing residential uses, resulting in negative impacts on the visual continuity and aesthetics of the neighborhood.
A. 
Floor Area Ratio. Certain uses may not have a Floor Area Ratio (FAR) greater than 10% over the greatest FAR for any structure within the Neighborhood Area, as defined in Section 10.3.040.020(A): Neighborhood Area.
Floor area for subterranean basements shall not be included in the FAR calculation. Floor area for day-light/walkout basements shall be included in the FAR calculation. For the purposes of this Article, "daylight/walkout basement" shall be defined as a partially-subterranean living area that: is built into a sloping site; has at least one full-height (6′8″) exterior passage door, that leads out to the ground level without more than one step; and has a minimum interior ceiling height of 7 feet.
B. 
Uses. Uses allowed conditionally in the RL zone shall meet the landscaping requirement of Article 6.010 for the CG zone.
C. 
Conditional Uses. The standards shall apply to the following conditional uses in the RL zone:
1. 
Funeral and interment services (interring and cemeteries only);
2. 
Community facilities; and
3. 
Digital signs in residential zones or overlay zones.
D. 
Operations. Business hours for commercial and industrial uses in residentially zoned neighborhoods shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday.
(Ord. 23-1400)
The Hearings Officer may approve a conditional use permit subject to any and all conditions the Hearings Officer deems necessary to satisfy the review criteria and mitigate identified impacts, provided such conditions are related to the proposed development or to the operational characteristics of the proposed use.
(Ord. 26-1424, 1/12/2026)
Conditional use permits shall be void 12 months from the date the approving authority signs the decision, or less than 12 months if a shorter time limit is specified as a condition of approval, unless a building permit has been issued and substantial construction has taken place. An extension of time may be granted twice, for up to 12 months per extension, upon written request filed before the approval expires. An extension shall be approved only upon a showing of good cause and a demonstration that applicable standards and criteria have not materially changed in a manner that would preclude approval. As a condition of granting an extension, the approving authority may impose additional reasonable conditions or require a performance guarantee, per the provisions of Section 10.9.040.060.I: Performance Guarantee, which may require that any and all security be forfeited to the City in the event that substantial progress on the proposed development has not been made by the end of the extension period. Where another section of this Title specifies a different time limit or extension standard for a particular use or approval, the more specific section controls.
(Ord. 26-1424, 1/12/2026)
The Director may initiate modification or revocation proceedings at any time while the conditional use permit remains in effect upon reasonable grounds of noncompliance. The Director may institute a proceeding before the Hearings Officer to revoke an approved conditional use permit, when reasonable grounds exist that one or more of the following events have occurred:
A. 
Failure to Meet Conditions. Any conditions of approval are not being met.
B. 
Failure to Build According to Plans. The project is not constructed in accordance with all of the approved plans.
C. 
Erroneous Information. The permit was issued on the basis of erroneous or misleading information or a material misrepresentation.
D. 
Notice and Opportunity to Cure. Before scheduling a hearing, the Director shall issue a written notice describing the alleged noncompliance and providing a reasonable cure period of not less than 14 days. If the violation is cured within the cure period and the use returns to and maintains compliance, the Director may close the proceeding.
The Director shall submit a report to the City Attorney and request that a notice of violation be sent pursuant to Chapter 10.15, Enforcement. If, in the opinion of the Director, the property owner demonstrates a good faith willingness to comply with the subject approval requirements within a reasonable time period after the notice of violation, then revocation procedures may be stayed. If the alleged noncompliance is not cured within the cure period, the Director shall schedule a hearing before the hearings body using the same notice requirements and process as for an original conditional use application. After the hearing, the hearings body may continue the approval with additional or revised conditions to achieve compliance, modify the approval, or revoke the approval. Proceedings under this section are in addition to, and do not limit, enforcement under Chapter 10.15. Expiration under Section 10.3.050.070 is a separate remedy and does not preclude initiation of proceedings under this section while the approval remains in effect.
(Ord. 26-1424, 1/12/2026)
A. 
Threshold. An application for a minor modification of a conditional use shall be required when the following thresholds apply: an increase in the gross floor area of conditional use up to and including 10% and less than 1,000 square feet of floor area for all properties that are not located in a residential zoning district and are located at a distance of more than 50 feet from a residential zoning district.
B. 
Approval. Approval for a minor modification is made by the Director.
C. 
Approval Criteria. In order to approve a minor modification, the Director shall make findings of fact based on evidence provided by the applicant demonstrating that all the following criteria are satisfied:
1. 
The proposal satisfies the threshold requirements for a minor modification.
2. 
All City application fees have been submitted.
3. 
The proposal complies with conditions of an applicable conditional use approval.
D. 
Conditions of Approval. The Director may approve a minor modification subject to any and all conditions the Director deems necessary to satisfy the review criteria and mitigate identified impacts.
A. 
Threshold. An application for a major modification of a conditional use shall be required when one or more of the following thresholds apply:
1. 
Any increase in the gross floor area on properties located in a residential zoning district or within 50 feet of a residential zoning district.
2. 
An increase in the gross floor area by more than 10% or in excess of 1,000 square feet for properties not located in a residential zoning district and which are located more than 50 feet from a residential zoning district.
3. 
A change in use.
B. 
Approval. Approval of a major modification is by the Hearings Officer.
C. 
Approval Criteria. To approve a major modification, the Hearings Officer shall consider the application the same as a new conditional use permit request.
D. 
Conditions of Approval. The Hearings Officer may approve a major modification subject to any and all conditions the Hearings Officer deems necessary to satisfy the review criteria and mitigate identified impacts.
(Ord. 26-1424, 1/12/2026)