Chapter 17.76
CONDITIONAL USE PERMITS
Sections:
17.76.011 Application and review.
17.76.020 Information required.
17.76.040 Findings and conditions.
17.76.120 Change of ownership.
17.76.010 Purpose.
In certain districts, conditional uses are permitted subject to the granting of a conditional use permit. Because of their unusual characteristics or the special attributes of the area in which they are to be located, conditional uses require special consideration so that they may be properly located with respect to the objectives of the zoning title and their effect on surrounding properties. (Ord. 1436 §2(part), 1981).
17.76.011 Application and review.
An application and review thereof shall conform to the provisions of Chapter 17.05 and all applicable laws of the state. The application shall be accompanied by a fee defined in the city’s adopted planning application fee schedule. (Ord. 1786 §10, 1998; Ord. 1436 §2(part), 1981).
17.76.020 Information required.
An application for a conditional use permit shall include the following information:
A. Name and address of the applicant;
B. Statement that the applicant is the owner of the property or is the authorized agent of the owner;
C. Address and legal description or the assessor’s parcel number of the property;
D. An accurate scale drawing of the site and improvements proposed. The drawing must be adequate to enable the planning commission to determine the compliance of the proposal with the requirements of this title;
E. A statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of a use permit. (Ord. 2014 §12, 2015; Ord. 1436 §2(part), 1981).
17.76.040 Findings and conditions.
The planning commission in granting a conditional use permit shall find as follows:
A. That the site for the proposed use is adequate in size and shape to accommodate the use and to meet all other development and lot requirements of the subject zoning district and all other provisions of this code;
B. That the site has adequate access to a public street or highway and that the street or highway is adequate in size and condition to effectively accommodate the traffic that is expected to be generated by the proposed use;
C. That the proposed use will have no significant adverse effect on abutting property or the permitted use thereof. In making this determination, the commission shall consider the proposed location of improvements on the site; vehicular ingress, egress and internal circulation; setbacks; height of buildings and structures; walls and fences; landscaping; outdoor lighting; and signs;
D. That the establishment, maintenance or operation of the use applied for will comply with local, state and federal health and safety regulations and therefore will not be detrimental to the health, safety or general welfare of persons residing or working in the surrounding neighborhoods and will not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the community based on the review of those factors listed in subsection C of this section;
E. That any conditions required for approval of the permit are deemed necessary to protect the public health, safety and general welfare and may include:
1. Adjustments to lot size or yard areas as needed to best accommodate the proposed use; provided the lots or yard areas conform to the stated minimum dimensions for the subject zoning district, unless a variance is also granted as provided for in Chapter 17.13,
2. Increasing street widths, modifications in street designs or addition of street signs or traffic signals to accommodate the traffic generated by the proposed use,
3. Adjustments to off-street parking requirements in accordance with any unique characteristics of the proposed use,
4. Regulation of points of vehicular ingress and egress,
5. Requiring landscaping, irrigation systems, lighting and a property maintenance program,
6. Regulation of signs and their locations,
7. Requiring fences, berms, walls, landscaping or other devices of organic or artificial composition to eliminate or reduce the effects of noise, vibrations, odors, visual incompatibility or other undesirable effects on surrounding properties,
8. Regulation of time of operations for certain types of uses if their operations may adversely affect privacy of sleep of persons residing nearby or otherwise conflict with other community or neighborhood functions,
9. Establish a time period within which the subject land use must be developed,
10. Requirement of a bond or other adequate assurance within a specified period of time,
11. Such other conditions that are found to be necessary to protect the public health, safety and general welfare,
12. In considering an appeal of an application for a conditional use permit for a home occupation, the planning commission shall review the criteria listed in Section 17.60.190. (Ord. 1823 §5, 2001; Ord. 1684 §72, 1993; Ord. 1615 §55, 1989; Ord. 1533 §1, 1984; Ord. 1436 §2(part), 1981).
17.76.060 Expiration.
A. A conditional use permit shall lapse and become void one year following the date on which it became effective, unless:
1. By conditions of the conditional use permit, a greater or lesser time is prescribed as a condition of approval;
2. Prior to the expiration of one year, a building permit is issued by the city and construction is commenced and diligently pursued toward completion; or
3. If no building permit is required in the particular case, the conditionally-approved use has been commenced.
B. The community development director may extend the conditional use permit for an additional period of one year, subject to the requirements of Chapter 17.05.
C. If the time limit for development expired and no extension has been granted, the conditional use permit shall be void. (Ord. 1941 §10, 2010; Ord. 1684 §73, 1993; Ord. 1436 §2(part), 1981).
17.76.070 Revocation.
A. The commission, on its own motion, at a public hearing, may revoke any conditional use permit for noncompliance with the conditions set forth in granting said permit. Notice of public hearing shall be given as in Chapter 17.05.
B. If an established time limit for development expires and no extension has been granted, the conditional use permit shall be considered void. (Ord. 1615 §56, 1989; Ord. 1436 §2(part), 1981).
17.76.080 Appeal.
The decision of the planning commission may be appealed to the city council in the manner prescribed by Chapter 17.05. (Ord. 1615 §57, 1989; Ord. 1436 §2(part), 1981).
17.76.090 Effect.
No building permit shall be issued in any case where a conditional use permit is required until ten days after the granting of a conditional use permit, and then only in accordance with the terms and conditions of said permit. An appeal from the action of the commission shall automatically stay the issuance of the building or other permit until such appeal has been completed and the council has acted thereon. In the event the council grants said conditional use permit, the building permit may issue immediately in accordance with such terms and conditions as may have been imposed in said permit. (Ord. 1615 §53, 1989; Ord. 1436 §2(part), 1981).
17.76.110 Mapping.
Within thirty days after the granting of a conditional use permit, the permit application file number shall be indicated on the zone map on the lot or lots affected by such permit. (Ord. 1436 §2(part), 1981).
17.76.120 Change of ownership.
A conditional use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application, except as otherwise provided in this chapter and in Section 17.60.190. (Ord. 1436 §2(part), 1981).