This article describes the process and general requirements applicable to those uses and situations for which these planning regulations require a minor or major conditional use permit. The conditional use permit process is intended to apply to uses and situations that are generally consistent with the purposes of the district where they are proposed, but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
A conditional use permit is required to approve certain uses in certain zoning districts as specified in Article 2 of Chapter 3 of this title. A conditional use permit is also required to allow certain other uses and situations as specified in these planning regulations including the following:
(a) 
Development on sites of one (1) to five (5) acres in the Mixed Use zones pursuant to Section 9-3.303(b)(2)(b).
(b) 
Applying a single zoning district to a lot split by zoning district boundaries pursuant to Section 9-3.104.
(c) 
Building intensity, height, and residential density regulations:
(1) 
Bonus floor area ratio, height, and/or residential density pursuant to Section 9-4.204.
(2) 
Applying a single floor area ratio to a lot split by floor area ratio district boundaries pursuant to Section 9-4.201(c).
(3) 
Exceeding limits for allowed projections above the tops of buildings pursuant to Section 9-4.202(c).
(4) 
Applying a single height limit to a lot split by height district boundaries pursuant to Section 9-4.202(d).
(5) 
Applying a single residential density to a lot split by residential density district boundaries pursuant to Section 9-4.203(c).
(d) 
Required yards and open space regulations:
(1) 
Modifying features allowed in required yards pursuant to Section 9-4.301(e).
(2) 
Allowing required open spaces to be located in certain driveways, loading, and service areas pursuant to Section 9-4.303(a)(2)(b).
(e) 
Parking and loading regulations:
(1) 
Providing parking more than the allowed maximum pursuant to Section 9-4.404(f).
(2) 
New surface parking lots of one-half (1/2) to two (2) acres pursuant to Section 9-4.403(f)(2).
(3) 
Alternative parking plans pursuant to Section 9-4.407.
(4) 
Off-site common loading areas pursuant to Section 9-4.409(f).
(f) 
Certain uses with special regulations:
(1) 
Adult entertainment businesses pursuant to Article 3 of Chapter 5.
(2) 
Firearms or ammunition businesses pursuant to Article 6 of Chapter 5.
(3) 
Hazardous Waste Facilities pursuant to Article 7 of Chapter 5.
(4) 
Live/Work buildings pursuant to Article 9 of Chapter 5.
(5) 
Wireless Communications Antennas in the RM zone and in the public right-of-way, and wireless communications poles and towers in the INL, INH, and P zones pursuant to Article 17 of Chapter 5.
(g) 
Substitution, expansion, or reestablishment of certain nonconforming uses pursuant to Article 10 of Chapter 5.
(h) 
Preservation and reuse, or demolition, of a significant or residential structure pursuant to Article 12 of Chapter 5.
(i) 
Private property access from a City park, greenway, or other City property pursuant to Article 13 of Chapter 5.
(j) 
Exceptions to unit mix and design requirements for multi-unit residential uses pursuant to Section 9-5.2005.
(k) 
Any other use or situation indicated as requiring a conditional use permit in these planning regulations.
(Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020; Sec. 10 (part), Ord. 15-009, eff. Dec. 3, 2015; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
As provided in Article 1 of this chapter, Planning Decision Authority, the Director, Planning Commission, and City Council have authority to act on applications for conditional use permits. Minor and major conditional use permits are established as follows:
(a) 
Minor Conditional Use Permits. The Director considers and makes decisions to approve, approve with conditions, or deny minor conditional use permit applications. The Director, at his or her discretion, may refer any such application for a minor conditional use permit to the Planning Commission for a decision, in which case the application shall be reviewed under the major conditional use permit procedures. Minor conditional use permits include the following:
(1) 
Any use in any zoning district indicated as requiring a minor conditional use permit in Article 2 of Chapter 3 of this title.
(2) 
A conditionally permitted use in any zoning district other than the RM zone in an existing building where the floor area is not increased by more than ten percent (10%), including cannabis manufacturing, but excluding all other uses of special concern as listed in Section 9-2.701.
(3) 
Exceeding limits for allowed projections above the tops of buildings pursuant to Section 9-4.202(c).
(4) 
Modifying features allowed in required yards pursuant to Section 9-4.301(e).
(5) 
Allowing required open spaces to be located in certain driveways, loading, and service areas pursuant to Section 9-4.303(a)(2)(b).
(6) 
Allowing off-street parking spaces to be located between the front lot line and the front wall of a building or its projection across the lot pursuant to Section 9-4.406(b)(3).
(7) 
Substitution, expansion, or reestablishment of certain nonconforming uses pursuant to Article 10 of Chapter 5 of this title.
(8) 
Preservation and reuse of a significant or residential structure pursuant to Article 12 of Chapter 5 of this title.
(9) 
Private property access from City parks, greenways, and other City property pursuant to Article 13 of Chapter 5 of this title.
(10) 
Any other use or situation indicated as requiring a minor conditional use permit in these planning regulations.
(b) 
Major Conditional Use Permits. A use or situation that requires a conditional use permit but does not qualify for a minor conditional use permit pursuant to subsection (a) of this section shall be subject to a major conditional use permit. The Planning Commission considers and makes decisions to approve, approve with conditions, or deny major conditional use permit applications. A conditional use permit application that is combined with another permit application that requires Planning Commission approval shall be considered by the Planning Commission under the major conditional use permit process. A conditional use permit to demolish a significant or residential structure, pursuant to Article 12 of Chapter 5, shall be considered by the City Council under the major conditional use permit process.
(Sec. 3, Ord. 21-007, eff. Nov. 18, 2021; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
An application for a conditional use permit shall be filed and processed in accordance with the provisions of Article 2 of this chapter, Common Procedures, including conditions of approval, expiration, extensions, and modifications.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
To approve a conditional use permit application, all of the following findings must be made, in additional to any special findings that may be required by the applicable provisions of these planning regulations for the particular conditional use permit:
(a) 
The proposed use is consistent with the General Plan.
(b) 
The location, size, coverage, density, design and operating characteristics of the proposed use will be compatible with, and will not adversely affect, the surrounding area, including neighborhood character, street design and capacity, safety, noise, and lighting.
(c) 
The proposed use is consistent with the capability of the water supply, wastewater disposal, fire, and police systems to operate adequately and cost effectively.
(d) 
The proposed use at its proposed location will provide a service or facility that will contribute to the general well-being of the surrounding neighborhood or community.
(e) 
The proposed use complies with all applicable standards and requirements of these planning regulations.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The Director's decision on a minor conditional use permit application may be appealed to the Planning Commission, and the Planning Commission's decision on a major conditional use permit may be appealed to the City Council, pursuant to Article 14 of this chapter.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)