TITLE 17. ZONINGTITLE 17. ZONING\Chapter 17.72 CONDITIONAL USES

A.    Uses designated in this title as conditional uses permitted shall be permitted or enlarged or altered upon approval by the board of appeals, all in accordance with the standards and procedures specified in this chapter. The board of appeals may request an investigation and recommendation by the planning commission.

B.    In permitting a conditional use, the board of appeals may impose, in addition to the regulations and standards expressly specified by this title, other conditions found necessary to protect the best interest of the surrounding property or neighborhood or the city as a whole. These conditions may include requirements increasing the required lot size or yard dimensions, increasing street widths, controlling the location and number of vehicular access points to the property, increasing the number of off-street parking or loading spaces required, limiting the number of signs, limiting the coverage or height of buildings because of obstruction to view and reduction of light and air to adjacent property, requiring screening and landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area, and requirements under which any future enlargement or alteration of the use shall be reviewed by the board of appeals and new conditions imposed.

C.    Change in use, expansion or contraction of site area, or alteration of structures or uses classified as conditions existing prior to the effective date of the ordinance codified in this title shall conform to all regulations pertaining to conditional uses.

(Ord. 553 § 3-101, 1970)

A request for a conditional use or modification of any existing conditional use may be initiated by a property owner or his authorized agent by filing an application with the city clerk upon forms prescribed for the purpose. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development, and by a fee of fifty dollars. The board of appeals may require other drawings or material essential to an understanding of the proposed use and its relationship to surrounding properties.

(Ord. 553 § 3-102, 1970)

A proposed conditional use shall be considered by the board of appeals at a public hearing held within forty-five days after filing of the application. The city clerk shall give notice of the hearing in the following manner.

A.    By publication of a notice in a newspaper of general circulation in the city not less than twenty days prior to the date of the hearing;

B.    By sending notices by mail not less than ten days prior to the date of hearing to the property owners within the area enclosed by lines parallel to and two hundred feet from the exterior boundaries of the property involved, using for this purpose the name and address of owners as shown upon the records of the county assessor. Failure of a person to receive the notice shall not invalidate any proceedings in connection with the application for a conditional use.

(Ord. 553 § 3-103, 1970)

The board of appeals may recess a hearing on a request for a conditional use in order to obtain additional information or to serve further notices upon other property owners or persons whom it decides may be interested in the proposed conditional use. Upon recessing for this purpose, the board of appeals shall announce the time and date when the hearing will be resumed.

(Ord. 553 § 3-104, 1970)

The board of appeals may approve, or approve conditionally, or disapprove a request for a conditional use. A file containing a written record of the action taken by the board of appeals with regard to conditional uses shall be maintained by the board of appeals.

(Ord. 553 § 3-105, 1970)

The city clerk shall notify the applicant for a conditional use in writing of the board’s action within seven days after the decision has been rendered.

(Ord. 553 § 3-106, 1970)

A conditional use shall ordinarily comply with the standards of the district concerned for uses permitted outright, except as specifically modified in granting the conditional permit or otherwise as set out in Sections 17.72.080 through 17.72.160 of this chapter.

(Ord. 553 § 3-107 (part), 1970)

The board of appeals may limit or prohibit vehicular access from a conditional use to residential streets not designated as arterial streets on an officially adopted street plan, and it may limit or prohibit openings in sides of a building or structure permitted as a conditional use within fifty feet of a residential district if such openings will cause glare, excessive noise, or other adverse effects on adjacent residential properties.

(Ord. 553 § 3-107 (C), 1970)

In addition to the other standards of Sections 17.72.070 through 17.72.160, automobile service stations, when permitted as conditional uses, shall meet the following requirements:

A.    The minimum permitted lot size shall be ten thousand square feet.

B.    Sales of merchandise shall be confined to items used for the maintenance and servicing of passenger cars.

C.    No automobile repairs other than incidental minor repairs, battery or tire changing shall be allowed on the property.

D.    A sight-obscuring fence of not less than five feet nor more than six feet shall be provided between the station site and abutting residential property.

(Ord. 553 § 3-107 (F), 1970)

Access and egress drives serving drive-in establishments, including drive-in theaters, shall meet the requirements of Section 17.72.080 for access and egress drives serving off-street parking areas, and shall be reviewed with regard to adequacy and safety of vehicular and pedestrian circulation.

(Ord. 553 § 3-107 (E), 1970)

In no case shall the standards for a dwelling as a conditional use be less than the standards of an R-3 district.

(Ord. 553 § 3-107 (1), 1970)

The height limitations of any district may be exceeded by a conditional use to a maximum permitted height of sixty feet, provided that total floor area of the conditional use shall not exceed one and one-half times the area of the site and provided that yards have: a minimum width equal to at least two-thirds of the height of the principal structure.

(Ord. 553 § 3-107 (B), 1970)

A.    Nursery schools shall provide and thereafter maintain outdoor play areas with a minimum area of one hundred square feet per child of total capacity. A sight-obscuring fence at least four feet but not more than six feet in height shall be provided separating the play area from abutting lots.

B.    Primary schools shall provide one acre of site area for each ninety pupils or one acre for each three classrooms, whichever is greater.

C.    Elementary schools shall provide one acre of site area for each seventy-five pupils or one acre for each two and one-half classrooms, whichever is greater.

(Ord. 553 § 3-107 (G), 1970)

In any residential district, no yards provided shall be less than two-thirds the height of the principal structure. In other districts, yards may be increased over those required for uses permitted outright when necessary to meet the general objective of conditional use control.

(Ord. 553 § 3-107 (A), 1970)

Signs permitted within the district or one indirectly illuminated or nonilluminated sign on each side of a conditional use abutting a street shall be permitted, whichever is less restrictive. A sign shall not exceed twenty square feet in area, shall pertain to the conditional use, and may be located in required yard.

(Ord. 553 § 3-107 (D), 1970)

The minimum lot size of the district in which a public utility facility is to be located may be waived only on finding that the waiver will not result in noise or other detrimental effect on adjacent property. No equipment storage shall be permitted on the site in a residential district or in a C-2 district. Such uses shall be fenced and provided with landscaping as found necessary.

(Ord. 553 § 3-107 (H), 1970)