The Zoning Ordinance lists all the uses that are allowed in each zoning district in the City. A Conditional Use Permit allows for the approval of special uses if they are compatible with adjacent uses.
Conditional Use Permit applications are reviewed by either staff and/or the Planning Commission. They will be reviewed for things like building placement and size, traffic generation, compatibility of the proposed use with neighboring properties and other related items. Conditions may be imposed on your proposed use to make sure that it will not negatively affect the area.
WHAT STEPS ARE NECESSARY TO OBTAIN A CONDITIONAL USE PERMIT?
Step 1 – File Application
The first step is to submit a Conditional Use Permit application to the Planning Department. You also will need to pay the required fee.
When you file your application, you will need to submit the following: Copies of a plan that shows the proposed site and surrounding development, property lines, all existing and proposed structures, utilities, and easements. It must also show all parking and driveways; have accurate dimensions of setbacks. All landscaping, existing and proposed, including fencing and a tabulation of coverage (building, parking, driveway and landscaping) needs to be included. Please show interior floor plans also. See staff for details on how many copies you will need to submit. An example of the required plans is shown on the application form. The application will be reviewed for completeness within thirty days. If the application is incomplete, you will be notified by mail as to what additional information is required. If the application is complete, it will be assigned to a planner for further review. The planner will be your contact throughout the project.
Step 2 – Referrals to Other Departments
Some Conditional Use Permits need to be reviewed by other departments. If that is the case for your application, the planner assigned to your case will refer it to the required departments for comment and review.
Step 3 – Environmental Review
Some Conditional Use Permit applications must undergo a preliminary environmental review. This will be done by the planner assigned to the project. S/he will determine if the project would cause any negative environmental impacts. You may be required to submit information regarding traffic, noise, etc.
Staff Approval or Denial
Some Conditional Use Permits can be approved by staff. Others must be acted on by the Planning Commission. Staff decisions can be appealed to the Planning Commission. This is done by notifying the City Clerk in writing. This must be received by the Department within ten working days from you notification from staff about its decision.
Planning Commission Approval or Denial
Conditional Use Permit applications generally require a public hearing before the Planning Commission. The planner will prepare a report with a recommendation on your application. This report will be sent to the Planning Commission and you before the hearing. At the Planning Commission hearing, you will be given an opportunity to present your proposal. The planner will then present the staff report and recommendations. At the hearing any member of the public wishing to speak on the matter may do so. Following public comments, the Planning Commission will decide to approve your project, approve it with conditions, deny your project or continue it for further study. The Planning Commission decision is final unless appealed to the City Council.
APPEAL TO THE CITY COUNCIL
You or any other members of the public have the right to appeal the Planning Commission decision to the City Council. The appeal must be filed in writing with the City Clerk within ten working days of the Planning Commission’s decision. If an appeal is filed, the planner will prepare a written report and recommendation to the City Council. You will be notified of the date and time of the City Council appeal. The City Council meets every first and third Thursday of each month. The planner will present the Planning Commission recommendation to the City Council. The appellant will also be given an opportunity to speak. The City Council may refer the matter back to the Planning Commission for further consideration, reverse, affirm or modify the decision of the Planning Commission.
WHEN DOES A CONDITIONAL USE PERMIT EXPIRE?
Conditional Use Permits are generally granted for a one year period. They are automatically extended if all conditions of approval are met. If conditions of approval are not met, the Conditional Use Permit may be revoked. Conditional Use Permits involving new construction are also usually granted for one year. That means you have one year from the date of approval to have substantial construction underway. If you can’t meet this schedule, you may apply for an extension of the Use Permit before the one year period ends.
If you do not apply for an extension, and substantial construction is not underway within one year from the date of approval, the Use Permit becomes invalid. In that case you will forfeit the fees paid and will need to reapply for a new Conditional Use Permit.
A valid Conditional Use Permit applies to the use of the property. It is granted for a specific purpose at a specific address. Therefore, the Conditional Use Permit remains valid for any future owners or operators, as long as the use of the property does not change.
WHAT OTHER ACTIONS ARE REQUIRED?
Final Design Review Approval
If new construction or exterior remodeling is involved, you will need to get final design review approval before applying for a Building Permit.