10.184 Conditional Use Permit.
(1) A development classified as a conditional use shall be given special review via this process in order to assure its appropriateness for the site and allow for adjustment to be made to assure its compatibility with adjacent land uses.
(2) Conditional Use Permits Exempt of Site Plan and Architectural Commission Review.
(a) Conditional Use Permits (CUPs) approved under this Section shall be exempt from, and there shall be no requirement to apply separately for, a Site Plan and Architectural Commission review or to demonstrate compliance with the approval criteria in Section 10.200(5). However, the Planning Director in their discretion may forward a CUP proposal or proposed revisions thereto to the Site Plan and Architectural Commission for review. When forwarded by the Planning Director, the Site Plan and Architectural Commission shall have authority to review the CUP plans and make recommendations to the Planning Commission.
(b) Delegation of Authority. The Planning Commission may delegate authority to the Site Plan and Architectural Commission or to the Planning Director to approve in its name the plans for buildings or any other element of a CUP or revisions thereto after the Planning Commission has approved the CUP. The authority delegated by the Planning Commission under this Subsection shall be delimited in conditions attached to the approval. Notwithstanding any other provision of this Code, the approval of delegated matters shall be subject to a Type III Procedure as set forth in Article II.
(3) Conditional Use Permit Approval Criteria.
(a) The Planning Commission must determine that the development proposal complies with either of the following criteria before approval can be granted.
(i) The development proposal will cause no significant adverse impact on the livability, value, or appropriate development of abutting property, or the surrounding area when compared to the impacts of permitted development that is not classified as conditional.
(ii) The development proposal is in the public interest, and although the development proposal may cause some adverse impacts, conditions have been imposed by the Planning Commission to produce a balance between the conflicting interests.
(b) In authorizing a conditional use permit the Planning Commission may impose any of the following conditions:
(i) Limit the manner in which the use is conducted, including restricting the time an activity may occur, and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.
(ii) Establish a special yard or other open space or lot area or dimension requirement.
(iii) Limit the height, size, or location of a building or other structure.
(iv) Designate the size, number, location, or nature of vehicle access points.
(v) Increase the amount of street dedication, roadway width, or improvements within the street right-of-way.
(vi) Designate the size, location, screening, drainage, surfacing, or other improvement of parking or truck loading areas.
(vii) Limit or otherwise designate the number, size, location, height, or lighting of signs.
(viii) Limit the location and intensity of outdoor lighting, or require its shielding.
(ix) Require screening, landscaping, or other facilities to protect adjacent or nearby property, and designate standards for installation or maintenance thereof.
(x) Designate the size, height, location, or materials for a fence.
(xi) Protect existing trees, vegetation, water resources, wildlife habitat, or other significant natural resources.
(4) Conditional Use Permits, Mitigation of Impacts. A conditional use requiring the mitigation of impacts under Subsection (3)(a)(ii) above must do one of the following:
(a) Preserve unique assets of interest to the community.
(b) Provide a public facility or public nonprofit service to the immediate area or community.
(c) Otherwise provide a use or improvement that is consistent with the overall needs of the community in a location that is reasonably suitable for its purpose.
(5) Modifications of a Conditional Use Permit.
(a) Major Modification of a CUP. Any modification that is not a minor modification is a major modification. A request to substantially modify a conditional use permit shall be processed in the same manner as a request for a conditional use permit in this section. The Planning Director or designee may waive submittal requirements deemed unnecessary or inapplicable to the proposal.
(b) Minor Modification of a CUP. A minor modification to an approved permit may be approved provided the Planning Director can determine that the modification does not constitute a major modification. The purpose of the determination is to assure that a modification does not significantly affect other property or uses; will not cause any deterioration or loss of any natural feature, process or open space; nor significantly affect any public facility. A minor modification shall meet all of the following standards:
(i) Meets all requirements of the Land Development Code and other legal requirements.
(ii) The amount of open space and landscaping is not decreased.
(iii) No relocation of vehicle access points and parking areas where the change will generate an impact that would adversely affect off-site or on-site traffic circulation.
(iv) No reduction or elimination of any project amenities such as recreational facilities, significant natural resources (streams, creeks, landform), fencing and other screening material.
(v) Modifications to facilities and utilities conform to the adopted facility plans.
(vi) Modifications to any other components of the plan conform to standards of the Land Development Code.
(vii) No modification to any condition of approval.
(6) Expiration of Conditional Use Permit. Within one year following the final order date, issuance of building permit for vertical construction shall be completed, or if a use, the use shall have commenced. If a request for an extension is filed with the planning department within one year from the approval date of the final order, the Planning Commission, may, upon written request by the applicant, grant a single extension of the expiration date for a period not to exceed one year from the expiration date of the final order. An extension shall be based on findings that the facts upon which the conditional use permit was first approved have not changed to an extent sufficient to warrant re-filing of the conditional use permit.
(7) Conditional Use Permit Application Form. An application for a conditional use permit shall contain the following:
(a) Vicinity map drawn at a scale of l" = 1,000' identifying the location of the proposed site.
(b) Assessor's map with subject site identified.
(c) Site plan drawn to scale on an eighteen inch by twenty-four inch (18" x 24") sheet. Site plan shall identify all existing and proposed buildings, parking, drives, vegetation or landscaping, adjacent development.
(d) Property owner's (and agent's) names, addresses, and map and tax lot numbers within 200 feet of the subject site, typed on mailing labels.
(e) Findings prepared by the applicant or his/her representative addressing the criteria set forth in Section 10.184(3), Conditional Use Permit Approval Criteria.
(f) A conceptual stormwater facility plan with associated landscape plan, if applicable, pursuant to Sections 10.486(2) or 10.729(2).
(g) A Landscape Plan, meeting the specifications and requirements in Section 10.780, if applicable.