Chapter 18.230
CONDITIONAL USE PERMITS
Sections:
18.230.020 Conditional use permit required.
18.230.030 Application and accompanying material.
18.230.040 Approval authority.
18.230.050 Public notice and hearing.
18.230.060 Action and findings by planning commission.
18.230.070 Effective date – Appeals.
18.230.090 Amendments to conditional use permits.
18.230.100 Conditional use permit review.
18.230.110 Special uses – Purpose.
18.230.120 Special uses – Established.
18.230.130 Special uses – Review and application procedure.
18.230.010 Purpose.
The purpose of conditional use permits is to provide a process for reviewing land uses which may be compatible with the zoning district, but whose effect on the site and surroundings cannot be determined before being proposed for a specific location. Such uses may be suitable in a zoning district only in specific locations or only if designed in a particular manner or subject to specific conditions. (Ord. 9-2014 § 31, 3-4-14.)
18.230.020 Conditional use permit required.
A conditional use permit shall be required for all uses or development proposals listed as conditional uses in the district regulations or elsewhere in this title, or as special uses in this chapter. (Ord. 9-2014 § 31, 3-4-14.)
18.230.030 Application and accompanying material.
An application for a conditional use permit shall be submitted on a form prescribed for that purpose by the city. The application shall include all required fees and/or deposits and all information and materials required by the city, including evidence to support the findings required to approve the conditional use permit. Applications may only be filed by the property owner or by the owner’s agent with the written consent of the property owner. (Ord. 9-2014 § 31, 3-4-14.)
18.230.040 Approval authority.
The planning commission shall consider and act upon an application for a conditional use permit after a public hearing. (Ord. 9-2014 § 31, 3-4-14.)
18.230.050 Public notice and hearing.
The planning commission shall conduct a public hearing on an application for a conditional use permit. At least 10 days prior to the public hearing, notice shall be given of the proposed conditional use permit as set forth in Chapter 18.320. (Ord. 9-2014 § 31, 3-4-14.)
18.230.060 Action and findings by planning commission.
The planning commission may approve, conditionally approve, or deny an application for a conditional use permit. The planning commission shall approve or conditionally approve a conditional use permit only when all of the following findings can be made:
(a) The proposed use is consistent with the general plan and any applicable community or specific plan;
(b) The site is physically suitable for the type and density or intensity, as applicable, of the proposed use;
(c) The design, location, size, and operating characteristics of the proposed use are compatible with development in the vicinity and in the zoning district; and
(d) The proposed use would not be detrimental to the public health, safety, or welfare of persons or property in the vicinity or the zoning district in which the use would be located.
The planning commission may impose any reasonable conditions to ensure that the required findings can be made. (Ord. 9-2014 § 31, 3-4-14.)
18.230.070 Effective date – Appeals.
A decision of the planning commission shall be effective on the date following the expiration of the appeal period, as described in Chapter 18.300, unless an appeal is timely filed pursuant to Chapter 18.300. No conditional use permit shall be granted on appeal unless the findings set forth in Section 18.230.060 are made by the city council. (Ord. 9-2014 § 31, 3-4-14.)
18.230.080 Time limits, abandonment, expiration, revocation and modification of conditional use permits.
(a) A conditional use permit shall be considered to be attached to and running with the land unless the permit has expired or has been revoked or modified; or the use has been abandoned for 12 consecutive months.
(b) Time limits, abandonment, expiration, revocation and modification of conditional use permits shall be subject to the procedures described in Chapter 18.330. (Ord. 9-2014 § 31, 3-4-14.)
18.230.090 Amendments to conditional use permits.
Amendments to approved conditional use permits shall be subject to the same application and review requirements as a new conditional use permit application. (Ord. 9-2014 § 31, 3-4-14.)
18.230.100 Conditional use permit review.
The planning commission may require periodic review of conditional use permits. Holders of conditional use permits conditioned to require periodic review shall apply for such review in a timely fashion, including payment of the required fee, equal to the fee established for conditional use permit amendments in the master fee resolution in effect when the review application is made. The planning commission may delegate periodic reviews to the zoning administrator. The zoning administrator may conduct the periodic review or may refer the matter to the full commission for consideration. (Ord. 9-2014 § 31, 3-4-14.)
18.230.110 Special uses – Purpose.
The purpose of the following special use provisions is to allow certain major, unique uses in zoning districts in which such uses are not specifically designated as permitted, conditional or accessory uses. (Ord. 9-2014 § 31, 3-4-14.)
18.230.120 Special uses – Established.
The following are designated as special uses requiring a conditional use permit in all nonresidential districts. The special uses listed in this section are not permitted in any districts where residences are allowed or on sites which are designated for residential use in the general plan. For purposes of the uses listed in this section, open space districts are considered residential districts.
(a) Airports and heliports;
(b) Sanitary landfills;
(c) Resource recovery facilities;
(d) Hazardous waste storage facilities, including but not limited to the storage of chemicals, pesticides, toxic materials and radioactive waste, where the primary use for the site is the temporary or permanent storage of said materials;
(e) Any other use determined by the planning commission or zoning administrator to be of similar character as the above uses. (Ord. 9-2014 § 31, 3-4-14.)
18.230.130 Special uses – Review and application procedure.
The planning commission shall consider and act upon all applications for conditional use permits for special uses after a public hearing. Conditional use permits for special uses shall be processed consistent with the provisions of this chapter. (Ord. 9-2014 § 31, 3-4-14.)