Conditional Use Approval

Purpose

A conditional use is a land use which, because of its unique nature, is compatible with the permitted land uses in a given zone only under certain conditions. Such conditions include a determination that the external effects of the conditional use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of standards and conditions. A conditional use approval may also be sought for any temporary use not permitted in the zoning district in which it is proposed but shall not be used to grant relief from development standards that can be approved as zoning variances by the Board of Adjustment.

Approval

Upon receipt of the recommendation from the Development Services Director, the Council shall conduct a public hearing, after which the Council shall approve, approve subject to modification, or deny the application. If the appropriateness of the use cannot be assured at the location, the council shall deny the application and provide the reasons for such denial. One notice of a conditional use permit public hearing shall be published by the applicant in the official newspaper of the city and in such other publication as the city council may require. The public notice shall be published before fifteen (15) days of the date set for the hearing. In addition, written notice meeting this same deadline shall be mailed by the applicant by first class mail to the owners of property within two hundred feet (200') of the lot boundary as indicated by the county appraisal district that the property is located. The Development Services Department will post public hearing notice sign(s) as required on the affected property.

Conditions

In approving the application, the Council shall impose such conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of the comprehensive development plan and this article. Any conditions imposed shall be set forth in the ordinance approving the conditional use and shall be incorporated into or noted on the site plan for final approval. The development services manager shall verify that the site plan incorporates all conditions set forth in the ordinance authorizing the conditional use and shall sign the plan to indicate final approval. The city shall maintain a record of such approved conditional uses and the site plans and conditions attached thereto.