Conditional Use Permits

Filing fee $150.00                                               *Get Conditional Use Permit application*

♣What is a Conditional Use Permit?
All zoning districts contain land uses which are normal and complementary to permitted uses in the district, but which, because of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions are potentially incompatible with adjacent activities and uses.  A "conditional use" may be permitted if the use can be designed and developed in a manner which assures maximum compatibility with adjoining uses.  The Planning and Zoning Commission is empowered to grant or to deny applications for conditional use permits, and to impose conditions upon them.

♣The Application Process.
The Conditional Use Permit application requests the following information:
   ●Name, address and telephone number of the applicant
   ●The location of property under consideration;
   ●Six (6) copies of the site plan, which must contain the following information:
               ○ Lot dimensions
               ○ Location, size, height, use and exterior materials of all buildings and structures.
               ○ Size and dimensions of yards and space between buildings.
               ○ Location and height of walls and fences
               ○ Location, number of spaces, dimensions, circulation patterns, and surface

                  materials for all off-street parking and loading areas, driveways, access ways and

                  pedestrian walkways
               ○ Location, dimensions, area, materials and lighting of signs
               ○ Location and general nature of exterior lighting
               ○ Street dedications and improvements
               ○ Existing and proposed grades and drainage systems
               ○ Size and location of all existing and proposed public and private utilities.  All
                  easements must be shown.
               ○ Natural features such as mesas, rock outcroppings, or streams and manmade
                  features such as existing roads and structures, with indication as to which are to be

                  retained and which are to be removed or altered.
               ○ Landscaping, including all surfacing material around buildings and in all open

                  spaces.
               ○ A vicinity sketch showing the location of the site in relation to the surrounding street

                  system.  Adjacent properties and their uses shall be identified.
               ○ A legal description of the land include din the site plan and of the lot; the name,

                  address and telephone of the owner, developer and designer.
               ○ Any information which the Zoning Director may find necessary to establish

                  compliance with this and other ordinances.

Please Note:  The applicant must supply the names and addresses of all property
                         owners within 300 feet of the external boundaries of the parcel under

                         review.  
 

♣Public Notice
The application is considered by the Planning and Zoning Commission at a regular meeting to review the application and to receive testimony from the applicant and any other person concerning the propose development.  Notice of the meeting shall contain the nature of the Conditional Use Permit application and the date and time of the meeting.  Notice shall be given in the following manner:  (1) Notices mailed to all property owners within 300 feet of the external boundaries of the site under consideration; and  (2) Notices posted on the site under consideration.

♣Public Hearing
At the Planning and Zoning Commission meeting, the Commission may decide to set the matter or a public hearing.  In addition to the notice requirements above, notice must be published in the newspaper of general circulation at least 15 days before the hearing.  The public hearing will be before the Planning and Zoning Commission.  The Commission will receive testimony from the applicant and other interested people concerning the proposed use.  The purpose of the hearing is to determine what concerns, if any, exist for the public health, safety, peace, convenience, comfort and general welfare of people residing, working or visiting the neighborhood in particular, and the City as a whole.

The Commission may designate such conditions in connection with the Conditional Use Permit as it deems necessary to secure the intent and purposes of the General Plan and the Zoning Ordinance.  The Commission may also require such guarantees and evidence that such conditions are being or will be complied with and may be deemed appropriate.

If the Commission finds that the applicant and supporting information do not indicate that all applicable conditions and requirements of the Zoning Ordinance will be met, the conditional Use Permit will be denied or withdrawn.

If the Commission approves the application, it shall direct the Zoning Director to issue a Conditional Use Permit setting forth all conditions and requirements governing the proposed development.  If no appeal is filed with the City Council within seven (7) days after Commission action, the action of the Commission shall be considered final. The Conditional Use Permit will be in effect for the duration of the use unless an amendment or revocation of the permit takes place.

♣Appeals 
Any aggrieved person may file a written notice of appeal of the decision with the City Council within seven (7) days of the Commission action.  The item shall be placed on the next available regular City Council meeting agenda.

Please see Section 15-1-32 for a complete list of requirements.

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