10-15-1: PURPOSE:
10-15-2: CONDITIONAL USE PERMIT:
10-15-3: SPECIAL PROVISIONS FOR MINES, QUARRIES AND GRAVEL PITS:
10-15-1: PURPOSE:
The purpose of this chapter is to provide for the regulation of uses to ensure their compatible integration in the land use pattern of the city. (1991 Code § 17.28.010, as amended)
10-15-2: CONDITIONAL USE PERMIT:
An approved use permit shall be required for each conditional use listed in this title. No building permit or other permit or license shall be issued for a conditional use by any officer or employee of the city unless a conditional use permit shall have been approved.
A. Application: Application for a conditional use permit shall be made at the city office on forms provided for that purpose.
B. Development Plan: The applicant for a conditional use permit shall prepare a site plan of the proposed conditional use, drawn to scale and showing all existing and proposed buildings, fences, landscaping, automobile parking and loading areas, and any other information the planning commission may deem necessary.
C. Fee: The conditional use permit fee shall be set by resolution or ordinance of the city council.
D. Hearing: A public hearing need not be held; however, a hearing may be held when the planning commission shall deem a hearing to be necessary to serve the public interest.
E. Notice Of Planning Commission Meeting: The city office shall, insofar as practical, give notice of the first meeting at which an application for a conditional use is to be considered to all property owners appearing on the latest plat in the county recorder's office within a three hundred foot (300') radius of the premises affected by the conditional use. The information in this section shall be furnished to the city office at least twenty (20) days before the first meeting, by the applicant. Compliance with this subsection shall not be a condition precedent to proper legal notice and no hearing or action taken thereon shall be deemed invalid or illegal because of failure to provide notification as stated in this section.
F. Planning Commission Action:
1. The planning commission may approve, modify and approve, or deny the conditional use application. In approving any conditional use, the planning commission shall impose regulations and conditions as are necessary to protect the public welfare.
2. In approving a conditional use, the planning commission shall find:
a. The proposed use is necessary or desirable and will contribute to the general well being of the community;
b. The use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;
c. The proposed use will comply with the regulations of this title;
d. The proposed use is in harmony with the intent of the master plan.
G. Appeals: Appeals of any decision of the planning commission shall be to the city council. Appeals shall be in writing and shall be filed at the office of the city council not more than ten (10) working days after the decision by the planning commission. The city council may affirm, modify or reverse the decision of the planning commission. However, the city council shall present, in writing, the reasons for its action.
H. Inspection: The building inspector shall inspect the conditional use during the course of construction to ensure that it complies with the conditions of the use permit.
I. Time Limit: A conditional use permit shall be null and void one year after approval unless substantial work shall have been accomplished toward its completion.
J. Revocation: A conditional use permit may be revoked upon failure to comply with the conditions imposed with the original approval of the permit.
K. Conditions; Failure To Comply; Bond:
1. All conditions of the conditional use permit shall be clearly stated and detailed as to type, quantity, location, and other specifications in the minutes of the planning commission and the actual permit application, at the time of the issuance of the conditional use permit. If all conditions are not completed to the satisfaction of the planning commission prior to occupancy, the anticipated cost of the construction for said conditions shall be determined by the city administration. Costs shall be based upon fair and standard cost estimate procedures. No occupancy permit will be issued until all conditions are fulfilled to the satisfaction of the planning commission, or until a performance bond or letter of credit is submitted to the city administration for the cost of all unfinished conditions. The bonded amount shall be based upon one hundred fifty percent (150%) of the estimated cost of construction for unfinished conditions.
2. For all conditions involving landscape improvements, the bonded amount shall be calculated by the following formula:
Square feet of required landscape x $3.00 =
Total amount of bond for landscape
3. If the conditions are not constructed as set forth in the conditional use permit and the minutes of the planning commission, then the planning commission shall give written notice that the owner will have thirty (30) days to complete the work.
4. If conditions are not completed to the satisfaction of the planning commission upon expiration of the thirty (30) day period, the bond will be forfeited and the work will be completed at the direction of the city administration. (1991 Code § 17.28.020, as amended)
10-15-3: SPECIAL PROVISIONS FOR MINES, QUARRIES AND GRAVEL PITS:
In addition to complying with the requirements stated in this chapter, and any other applicable laws and regulations related to conditional use permits, each applicant for a conditional use permit to allow mines, quarries and/or gravel pit operations shall comply with the requirements and provisions of the excavation ordinance, title 5, chapter 5 of this code, prior to being granted any conditional use permit for a proposed mine, quarry and/or gravel pit operation. (1991 Code § 17.28.030, as amended)