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Conditional Uses & Conditional Use Permits What is a conditional use? A conditional use is a specific use or activity that is not permitted “by right” in a zoning district, but that may be permissible where additional standards are met to ensure compatibility with other uses in the district. • Douglas Municipal Code Section 18.08.120 defines conditional use as “a use for which approval must be obtained from the city. Conditional use may or may not be granted by the city, and if granted, the city may place whatever reasonable conditions if feels are necessary to enhance the appearance of the property, to reduce adverse effects on nearby property, to preserve the character of the area, or to make the conditional use more acceptable in other ways.” The granting of a conditional use permit is discretionary and is not matter of right (meaning the city has the discretion to approve, disapprove, or approve with conditions). Each application is considered on its own individual merits. What does “by right” mean? “By right” means that a use is identified in advance in the zoning district code as a permitted use, subject to the standards that apply to all uses in the district. Why are conditional uses allowed? Conditional uses, also called special uses or special exemptions, are included in the zoning regulations for several reasons: • The use is not typical for the categories of the uses associated with the zoning district. For example, an R-1 Single Family district is expected to have single family homes. However, a home child care facility, family group home, or a church may be allowed as a conditional use in the district. • There is an expectation that the use may have impacts beyond those impacts normally expected for that particular zoning district. For example, a residential district may include public uses, such as schools or recreational facilities, with different traffic levels than residential uses. • The local government is unable to fully anticipate the impacts that may be associated with the use. A church, for example, may primarily have Sunday services; however, other activities, such as midweek services, a day care center, a school, recreation facilities, clothing and/or food banks, or any number of social as well as religious activities may occur every day of the week. It is often not possible to anticipate the type, intensity, and impact of such activities. In a conditional use review, activities are defined, impacts are identified, and conditions are set to ensure compatibility with the neighborhood. • The use may be desirable within the district, but requires additional development standards in order to ensure compatibility, health and safety. For example, it is often desirable to have public uses, such as schools, day care centers, or fire stations near residential areas to provide adequate services to nearby residents. However, appropriate standards for traffic flow, parking, hours of operation, and other features may differ considerably from the standards associated with the typical residential uses. 1 ---PAGE BREAK--- How do I know if I need a conditional use permit? The quickest and easiest way to determine if you need a conditional use permit is to contact the ctiy Planning and Community Development Department. You can also look up the conditional uses associated with each zoning district by accessing the city’s zoning code, Chapters 18.10 through 18.70, available on the City of Douglas website (www.cityofdouglaswy.com). How do I obtain a Conditional Use Permit, and what is the process? o Contact the city Planning and Community Development Department for an application, or download and print an application from the city’s website (see the documents section under Planning & Community Development). Planning department staff will be happy to assist you with the application. o You will need to provide the following information: Name and address; Legal description of the property (typically this includes the subdivision name, block number, and lot number, or other legal description); Current zoning and use of the property; Purpose for which the property is to be used, including: • Size of the building(s); • Number of occupants and/or employees; • Hours of operation, if applicable; A site plan of the property showing: • The location of buildings; • Off-street parking spaces; • Routes of ingress and egress; • Fencing and screening if any. • (If you are unfamiliar with Site Plans, the Planning Department staff can provide a Sample Site Plan.) o Submit the completed application to the Planning Department. o City staff will review the application and prepare a report and recommendation for the Planning Commission and City Council. o Public hearings on the application will be held by the Planning Commission and the City Council. o A public notice will be published in the newspaper announcing the public hearings, and letters of notification will be sent to surrounding property owners. o During the public hearings, the Planning Commission and City Council will entertain comments and concerns from the public and surrounding property owners regarding the conditional use permit application. o After considering public input and city staff’s recommendation, the Planning Commission will forward a recommendation to the City Council. o After the public hearing before the City Council, the Council will decide to approve or disapprove the application, approve it with conditions, or postpone the application pending additional information. How much does it cost? The application fee is $75.00. The annual renewal fee is $30.00. How long does the review process take? The process typically takes several weeks. The amount of time needed to complete the process is based on a number of factors: o The Planning Commission meets once a month (third Monday of the month); o The City Council meets twice a month (second & fourth Monday of the month); 2 o City staff will need to: ---PAGE BREAK--- 3 o Review the application paperwork; o Make a site visit and consider: Parking needs; Neighborhood traffic patterns; Any potential adverse impacts on surrounding property owners and the neighborhood; Compatibility with other uses in that zone. o Prepare a list of property owners within 140 feet of the site (minus streets and alleys); o Prepare and send out notification letters to surrounding property owners at least 15 days prior to the first public hearing; o Prepare and forward a recommendation to the Planning Commission and City Council. If my conditional use permit application is denied, can I appeal? There is no right of appeal from a decision of the city council denying a conditional use permit. The decision of the city council shall be final and exclusively within the province of the city council. After the conditional use permit is approved, what next? Once the conditions affecting the permit have been met, the permit will be issued and you can begin utilizing the conditional use. If the conditional use involves building construction or remodeling, the building official may require submittal of plans and a plan review before issuing the conditional use permit. This process can sometimes be expedited by submitting building plans at the same time the conditional use permit application is submitted, so both can be processed simultaneously. Additional Information Conditional use permits are: • Issued to the permit holder; • Not transferable or assignable; • Automatically terminate: o When the conditional use permit has not been exercised for a period of one year; o Upon subsequent leasing, selling, or transfer of property ownership (subsequent owners wishing to continue the conditional use must submit an application). • Revocable where deficiencies are apparent in compliance with the permit. All conditional use permits expire on March 31st of each year, and are subject to renewal fees of $30.00. How can I obtain more information? Conditional Use Permits are covered in Chapter 18.72 of the Douglas Municipal Code, accessible through the City of Douglas website at www.cityofdouglaswy.com.