Chapter 17.44 - CONDITIONAL USES

17.44.010 - Authorization.

Uses designated in this title as permitted conditional uses may be permitted or enlarged or altered upon approval by the city council in accordance with the standards and procedures specified in this chapter. Changes in use, expansion or contraction of site, or alterations of structures or uses classified as conditional shall conform to all regulations pertaining to conditional use.

(Ord. 5-1983 § 11.01)

17.44.020 - Application for conditional uses.

A request for a conditional use or modification of an existing conditional use may be initiated by a property owner or his authorized agent by filing an application with the city council. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development, and the names of record and addresses thereof for all landowners within three hundred (300) feet of the parcel in question. The council may request other drawings or material essential to an understanding of the proposed use and its relationship to the surrounding properties.

(Ord. 5-1983 § 11.02)

17.44.030 - Notice of hearing on conditional use.

Before a conditional use or modification of an existing conditional use is allowed, it shall he considered at a public hearing by the city council. The public hearing before the city council shall be held within forty days after the application is filed. The city council shall give notice of the hearing in the following manner:

A. By posting a notice of the public hearing in three locations within the city or publishing in a newspaper of general circulation ten (10) days preceding the hearing; and

B. By sending a copy of the notice to all landowners within three hundred (300) feet of the parcel in question. Such notice to be sent not less than ten (10) days prior to the hearing.

(Ord. 5-1983 § 11.03)

17.44.040 - Council action.

In addition to the general requirements of this title, in granting a conditional use, the city council may attach conditions which it finds are necessary to carry out the purposes of this title.

A. City council action on a conditional use request shall recognize, but not be limited to the following:

1. 1. Land use plan provisions for the area;

   2. Surrounding area development and owner viewpoints;

   3. Ability to meet utility needs;

   4. Maintaining the stability of community social and environmental characteristics.

B. In considering a conditional use, the city council may set time limits or require other conditions as they determine desirable to minimize any adverse effects which might be attributed to the use. Such conditions may include but are not limited to the following:

1. 1. 1. Increasing the required lot size or yard dimensions;

      2. Limiting the height of buildings;

      3. Controlling the location and number of vehicle access points;

      4. Increasing the street width;

      5. Increasing the number of required off-street parking spaces;

      6. Limiting the number, size, location and lighting of signs;

      7. Requiring fencing, screening, landscaping, diking or other facilities to protect adjacent or nearby property;

      8. Designating sites for open space;

      9. Setting a time limit for which the conditional use is approved;

      10. Site reclamation upon discontinuance of use.

C. In addition to any of the above conditions required, the following standards shall apply to home occupations and mobilehome parks.

1. 1. 1. Home Occupations.

a. The home occupation shall be secondary to the main use of the property as a residence.

b. The home occupation shall be limited to either an accessory structure or to not over twenty-five (25) percent of the floor area of the main floor of a dwelling. If located within an accessory structure, the home occupation shall not utilize over six hundred (600) square feet of floor area.

c. Structural alterations shall be minimized and shall not detract from the outward appearance of the property as a residential use.

d. Not more than one person other than the immediate family residing in the dwelling is to be engaged in the home occupation.

e. No materials or mechanical equipment shall be used which are detrimental to the residential use of the dwelling or adjoining dwellings because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors.

f. No parking of customer's vehicles in a manner or frequency so as to cause disturbance or inconvenience to residents or so as to necessitate off-street parking shall be allowed.

g. No materials or commodities shall be delivered to or from the residence which are of such bulk or quantity as to create undesirable traffic or congestion.

1. Mobilehome Parks.

a. At least two acres shall be included in the park.

b. Setbacks shall be ten feet front yard and five feet all other yards.

c. Minimum area for each space shall be three thousand (3,000) square feet.

d. Minimum street surface width shall be twenty-four (24) feet. Streets shall be paved or surfaced with oil mat. Street design shall be approved by city council prior to initiating construction.

e. At least one improved, off-street parking space per unit shall be provided.

f. Sight-obscuring fencing and/or landscaping may be required by city council on every side of the park.

(Ord. 5-1983 § 11.04)

17.44.050 - Recess of hearing.

The city council may recess a hearing on a conditional use request in order to obtain additional information or to notify additional property owners who it believes may be interested in the proposed conditional use. Upon recessing the city council shall announce the time and date when the hearing will be resumed.

(Ord. 5-1983 § 11.05)

17.44.060 - Notification of action.

The city council shall notify the applicant in writing of the action of the city council within five days after the decision has been rendered.

(Ord. 5-1983 § 11.06)

17.44.070 - Time limit on a conditional use.

Authorization of a conditional use shall be void after one year unless substantial construction pursuant thereto has taken place. However, a one-year time extension may be granted by the city council if the applicable circumstances are unchanged.

(Ord. 5-1983 § 11.07)

17.44.080 - Revocation of a conditional use permit.

Any permit granted hereunder shall be subject to denial or revocation by the city council if it is ascertained that the application includes or included any false information, or if the conditions of approval have not been complied with or are not satisfied.

A. In order to consider revocation of a conditional use permit the city council shall hold a public hearing as prescribed under this section in order for the permit holder to show cause why such permit should not be revoked.

B. If the city council finds that the conditions of permit approval have not been complied with or are not satisfied, a reasonable time shall be given for rectification, and if corrections are not made within that time, revocation of the permit shall become effective ten (10) days after the time specified.

C. Reapplication for a conditional use permit cannot be made within one year after revocation except that the city council may allow a new application if in its opinion new evidence or a change in circumstances warrant it.

(Ord. 5-1983 § 11.08)