Conditional Use Permits are those uses that are generally compatible with the land uses permitted by right in a zoning district but that require individual review of their location, design, and configuration, and the imposition of conditions or mitigations in order to ensure the appropriateness of the use at a particular location within a given zoning district.
Board of Adjustment & Appeal Application - to apply for a conditional use, variance or appeal.
A conditional use is permitted if it can meet each of the eleven approval criteria listed below. Some criteria may require full infrastructure review by the engineering division. It will be the applicant’s choice to either pursue infrastructure approval prior to submitting the conditional use permit application, or delay infrastructure approval until after the hearing and risk an approval with conditions or a denial from the board of adjustment and appeal. Regardless of the action of the board, a conditional use permit is not final and in effect until infrastructure approval is obtained from the engineering division (if applicable). Conditional use permit approval criteria are as follows:
A) The requested use is compatible with the existing natural environment of the site, with properties in the neighborhood, and projected future development of the area.
B) There is adequate provision for water supply and for sanitary sewers and sewerage treatment.
C) There is adequate provision for public facilities, such as schools, parks and utilities within the service areas involved, and the proposed use can be accommodated by existing and/or proposed facilities.
D) There is adequate provision for traffic circulation, both vehicular and pedestrian, both internal to the use and in the area which will serve the use, and not be detrimental to the traffic circulation of the area.
E) There are adequate provisions for drainage systems to service the use, with particular attention to the necessity for on-site retention systems to alleviate drainage and pollution problems.
F) There are adequate setbacks, buffering, or other appropriate control measures to mitigate adverse effects of noise, light, dust, fumes, and other nuisances.
G) The land area for the proposed use is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
H) The use is compatible with the desired growth and land use patterns reflected in the city land use plan or other planning documents.
I) The proposed use will comply with all appropriate regulations for the zoning district/land use category in which it is located and the policies of the comprehensive plan that apply to that district/category.
J) The proposed use will not adversely affect the health, safety, and welfare of the public in the area, and will not be detrimental to the use or development of adjacent properties or of the general neighborhood.
K) The proposed use will comply with other policies and special standards which are designated elsewhere in the city comprehensive plan and this chapter, which standards and policies will be supplemental to those set forth in this section.