SECTION 33
USE PERMITS
Subsections:
33.03 Revocation of Use Permit
33.04 Automatic Termination of Use Permit
33.01 Purpose
Each district in the city contains designated permitted uses. Some uses might not be compatible with other uses permitted in a zoning district unless conditions are imposed to mitigate negative impacts surrounding those uses. In those cases, where permitted in the zoning matrix, use permits may be issued subject to conditions and based on compliance with criteria set forth in this section.
It is the intent of this section to provide procedures and criteria for uses of land and structures which, because of their unique characteristics relative to locational features, design, size, operation, circulation and public interest or service, require conditions to mitigate or eliminate negative impacts on adjacent properties and the community as a whole. The purpose of use permits is to:
a. Allow certain uses that would otherwise not be permitted in a zoning district due to negative impacts on adjacent uses and the community, so long as those uses comply with conditions of the use permit.
b. Provide the process for periodic review of use permits to assure conformity of such uses to the public welfare. (Ord. 11-168 § 1 (part))
33.02 Review Procedures
a. Application
An application for a use permit shall be submitted on a form prescribed by the city zoning administrator. The application shall include an agreement to waive claims for diminution in value as set forth in Section 3.07.
b. Submittal Requirements
1. Narrative of proposed use with the following information:
A. Detailed description of proposed use.
B. Anticipated number of employees.
C. Hours of operation.
D. Proposed square footage of building or space to be devoted to the purposed use for parking calculation purposes.
E. Locations of other uses on adjacent properties within 300 feet and estimated distance from those uses.
F. Discussion of each review criterion set forth in subsection c of this section.
G. Detailed description of subject site’s and adjacent sites’ zoning and uses.
H. Copy of material safety data sheets (MSDS) if appropriate for the requested use.
2. Site plan of the proposed site drawn to a scale. The site plan shall include the following information:
A. Nearest cross-streets.
B. North arrow.
C. Parking spaces/area.
D. Building where the use will be located. If the use is proposed to be located within a new building not designed yet, a stipulation will be added requiring council approval of the site plan prior to construction. This will allow the business owner an opportunity to obtain approval for the use prior to the expenditure of money to design the building.
E. Adjacent uses, clearly labeled.
F. Open space areas delineated.
G. All rights-of-way and easements, clearly delineated and labeled.
H. Measurements for all features listed above shall also be included on the plan.
c. Review Criteria
1. The location, size, design and operational characteristics of the proposed use will not be detrimental to the health, safety or general welfare of the surrounding area and the community as a whole.
2. The site plan, circulation plan and schematic architectural designs for the use are compatible with the character of the surrounding area relative to scale, height, landscaping, screening, lot coverage and density.
3. The proposed use shall minimize negative impacts on existing uses in the area and in the city. These impacts include, but are not limited to, the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard or other injurious or noxious impacts. The applicant shall provide adequate mitigation solutions to the above-identified impacts.
4. The proposed use shall minimize and mitigate all negative impacts which affect existing uses in the area and in the city, including but not limited to impacts on public infrastructure and on public services and the ability of existing infrastructure and service agencies to adequately provide necessary services.
5. The proposed use shall be in conformance with the city’s general plan, zoning code and any other statutes, ordinances, codes or policies that may be applicable.
6. Uses requiring a use permit and marked with an “*” on the use matrix in Section 28 shall be required to maintain a separation distance of five hundred feet, measured in a perpendicular line from property line to property line, from a similar use and from the following types of uses:
A. Residential zoning districts.
B. Schools, public, private or other educational institution.
C. Churches and other religious use.
D. Child care facilities.
d. Consideration by the Commission
1. All applications for use permits shall be first considered by the commission at a public hearing. Notice of the proposed use shall be mailed to the following persons:
A. All owners of land lying within one thousand feet of the boundaries of the land included in the application. For purposes of the calculation of this notice area, public rights-of-way shall be excluded in determining the extent of the notice area;
B. Any person or organization who files with the zoning administrator a request to receive such notice upon payment of a reasonable fee;
C. Applicable adjoining political subdivisions where the property which is the subject of the application is within five hundred feet of the city boundary; and
D. Such other persons as the zoning administrator determines are likely to be affected by the proposed use.
2. The notice shall contain:
A. A description of the proposed use and its location; and
B. The place and time of the public hearing at which comments on the proposed use must be filed.
3. The commission shall review each application for compliance with the criteria and requirements set forth in this section and forward a recommendation by resolution to the council.
4. The commission may recommend some or all of the following conditions to a use permit if it determines the use requires additional measures to mitigate any negative impacts created by the proposed use, including (but not limited to):
A. Larger building setbacks.
B. Additional landscaping such as trees and/or shrubs for visual screening purposes.
C. Additional on-site parking or loading spaces for traffic-intense uses.
D. Structural height and area limitations.
E. Limited vehicular access.
F. Walls, fences and screening devices (no chain link fences, slatted or otherwise).
G. Noise attenuation construction.
H. Off-site improvements in public rights-of-way.
I. Any other restrictions necessary to protect and preserve adjacent properties.
e. Council Consideration and Action
1. After a public hearing is advertised and conducted, the council may approve, approve with conditions, or deny the application for a use permit. An application shall not be approved unless the applicant provides evidence substantiating that all the requirements of the code relative to the proposed use are satisfied, and demonstrates that the proposed use satisfies the review criteria set forth in subsection c of this section.
2. The council may include some or all of the following conditions in a use permit if it determines the use requires additional measures to mitigate any negative impacts created by the proposed use, including (but not limited to):
A. Larger building setbacks.
B. Additional landscaping such as trees and/or shrubs for visual screening purposes.
C. Additional on-site parking or loading spaces for traffic-intense uses.
D. Structural height and area limitations.
E. Limited vehicular access.
F. Walls, fences and screening devices (no chain link fences, slatted or otherwise).
G. Noise attenuation construction.
H. Off-site improvements in public rights-of-way.
I. Any other restrictions necessary to protect and preserve adjacent properties.
3. Written notice of the council’s decision shall be provided by the zoning administrator to the applicant.
4. Issuance of a use permit is an administrative act of the council. (Ord. 11-168 § 1 (part); Ord. 07-134 § 1 (part). Formerly 33.03)
33.03 Revocation of Use Permit
a. Any previously granted use permit may be revoked by the council, after a hearing conducted in the manner required for approval of a use permit initially, upon any one of the following grounds:
1. Failure to comply with the conditions of approval.
2. Discontinuance of the use for a period in excess of one year.
b. Revocations have the effect of making the previously granted use permit void until a new application is submitted and granted. (Ord. 11-168 § 1 (part). Formerly 33.04)
33.04 Automatic Termination of Use Permit
a. Unless otherwise provided by the council in the resolution granting approval of the use permit, a use permit shall automatically become null and void one year after the effective date upon which it was granted unless one of the following events occur:
1. The applicant or his successor in interest has secured a building permit within said one-year period, if a building permit is required, and has actually commenced construction of the building or structure authorized by the permit within said one-year period.
2. The applicant or his successor in interest has commenced the activity or installation of the facility or structure authorized by the use permit within said one-year period.
b. The applicant may submit a request to the council for an extension of time on the use permit to avoid the permit’s becoming null and void. The request for extension must be filed with the city clerk prior to the expiration of the time established by subsection a of this section. The council may, in the resolution granting such use permit, provide for an extension of time beyond one year. (Ord. 11-168 § 1 (part). Formerly 33.05)