18.15.040 Conditional use permits.
(A) Purpose. Conditional uses are those uses which are generally compatible with the land uses permitted by right in a zoning district, but which require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district.
(B) Pre-Application. Before the City shall accept any applications, the applicant may schedule and attend a pre-application meeting. The purpose of the pre-application meeting is to discuss, in general, the procedures and requirements for a conditional use permit pursuant to these regulations.
(C) Application.
(1) Only those uses that are enumerated as conditional uses in a zoning district, as set forth in this title, shall be authorized by the Planning and Zoning Commission. A conditional use permit shall not be required for a use allowed as a permitted use in a given zoning district. No conditional use shall be established until a site plan has been approved in accordance with the provisions of this title.
(2) All applications shall be filed on a form provided by the Zoning Administrator and shall be accompanied by the required fee and all required materials as outlined in this title and/or on the application. Depending upon the specific circumstances of the use additional materials may be required by the City in order to adequately review the application.
(D) Submittal Requirements. All conditional use permit applications shall comply with the submittal requirements outlined in SLCC 18.15.030(F) and those on the application.
(E) Procedures. All conditional use permits shall be processed in the same manner and in accordance with the procedures outlined in SLCC 18.15.030(G).
(F) Approval Criteria. As may be specified within each zoning district, uses permitted subject to a conditional use permit shall be permitted only after review and approval by the Commission and only if the applicant demonstrates that:
(1) The proposed conditional use shall be in compliance with all regulations of the applicable zoning district, design standards, or general provision requirements of this title;
(2) The establishment, maintenance, or operation of the proposed use shall not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the surrounding land nor be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas;
(3) The proposed use shall not be materially injurious to properties or improvements nor diminish or impair property values in the immediate vicinity;
(4) The proposed use will be served by ingress and egress routes that minimize traffic congestion, shall not burden the existing and anticipated traffic conditions including parking facilities on adjacent streets and land, and will be served by adequate public utilities;
(5) The proposed use shall not impede the normal and orderly development and improvement of surrounding property for uses permitted by right in the zoning district and shall be in compliance with the City of San Luis General Plan adopted by the City;
(6) The proposed use is necessary or desirable or provides a service or facility that contributes to the general well-being of the area; and
(7) The proposed use shall not create more adverse impacts on existing uses in the surrounding areas than those which reasonably might result from development of the site with a use that is permitted by right in the zoning district.
(G) Validity Limit.
(1) Approval shall become effective immediately.
(2) The conditional use permit shall become null and void if the use permit has not been exercised and the use established within 12 months of the date of approval. A conditional use permit is exercised when the use has been established or when a building permit has been issued, construction commenced, and the building permit remains valid.
(3) If such use is abandoned or discontinued for a period of 24 consecutive months, it may not be re-established unless reauthorized by the Commission.
(4) Amendments to conditional use permits shall be processed in the same manner as the original permit, except that minor amendments may be authorized by the Zoning Administrator.
(5) If an application is denied, the denial shall constitute a finding that the applicant has not shown that the conditions required for approval do exist. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of 12 months from the date of the order of denial unless agreed to by a supermajority three-fourths vote of the Commission. (Ord. 312 § 2(3.3), passed 4-11-2012. Code 2012 § 152.043.)