Chapter 17.72 CONDITIONAL USE PERMITS AND VARIANCES

Chapter 17.72
CONDITIONAL USE PERMITS AND VARIANCES

Sections:

17.72.010 Conditional use permits and variances.

A. Conditional use permits, revocable, conditional and/or valid for a term period, may be issued as provided in this chapter for any of the uses or purposes for which such permits are required or permitted by the term of this title. The Board of Adjustment may impose such conditions as it deems necessary to secure the purposes of this title and may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

B. Application for conditional use permits shall be made in writing by the owners of the property, or by the lessee, purchaser-in-escrow or optionee, all with consent of owners, or by a public utility company or other agency with powers of eminent domain, on a form prescribed by the Board of Adjustment. The application shall be accompanied by a fee as specified in SMC 2.02.020 payable to the City, and plans showing the details of the proposed use to be made of the land or building.

C. The Board of Adjustment may permit variances from the provisions or requirements of this title only in such cases where it shall appear that a strict compliance with said provisions or requirements is not reasonably possible. No such variance shall be authorized unless the Board of Adjustment shall find that all of the following facts exist:

1. There are exceptional and extraordinary circumstances or conditions applying to property in question which are not the result of action on the part of the owner of the property and which do not apply generally to other property in the same vicinity or district.

2. Such variance is necessary for the preservation and enjoyment of a substantial property right of the appellant possessed by the owners of other properties in the same vicinity or district.

3. The authorization of such variance will not be detrimental to public welfare or injurious to property in the vicinity or zone in which the subject property is located.

4. The use requested by the applicant will not be of a general classification differing from the essential use provisions of the zone in which said property is located.

D. Application for variance shall be made in writing by the owners of the property, or by the lessee, purchaser-in-escrow or optionee, all with the consent of owners, on a form prescribed by the Board of Adjustment. The application shall be accompanied by a fee as specified in SMC 2.02.020 payable to the City and plans showing the details of the proposed variance, if applicable.

E. Before granting any conditional use permit or variance under the provisions of this chapter, the Board of Adjustment shall hold a public hearing at which time the applicant and any other interested parties shall be given an opportunity to be heard. Notice of such public hearing shall be given by publication and by mail following the procedures set forth herein. Notice of hearing and nature of the proposed conditional use or variance shall be given by publication in the official newspaper of the City at least 10 days prior to the date of hearing. In addition, all owners of property within 300 feet of the boundary lines of the property subject to the proposed conditional use or variance shall be notified of the proposed conditional use permit or variance and the date of hearing by United States mail. Notice mailed to the last known address of the person making the last tax payment shall be deemed proper notice. The notice shall contain the date, time and place of the hearing, and identification of an address or other written description of the property subject to the proposed conditional use permit or variance.

F. In the case where property is annexed to the City, which property is subject to a conditional or special use permit issued by the appropriate County agency, said use permit shall be treated as if issued pursuant to this chapter, with all conditions and requirements applying thereto. The City shall be entitled to enforce any such conditions or limitations.

G. The Board of Adjustment shall review for approval conditional use permits for home occupations and minor variances to development standards on existing residential lots for single-family detached, single-family attached, duplex or triplex. For variances, while the facts listed in subsection (C) of this section shall be considered by the Board of Adjustment in its review of variance applications, the decision of the Board shall be primarily based on the reasonable nature of the request relative to the nature and character, including architecture, of the surrounding neighborhood, other similar existing situations in the area, and potential of the variance, if approved, to negatively impact the adjacent properties and land uses, particularly the normal expected enjoyment of residential property by its residents. Noncompliance shall be cause for review and revocation by the Board of Adjustment. [Ord. 2011-4 § 2, 2011; Ord. 2172 § 1, 2007; Ord. 1941 § 3, 1997; Ord. 1858 § 2, 1994; Ord. 1608 § 1, 1987; Ord. 1373 § 1, 1982; Ord. 1272 § 17-6-1, 1980.]

17.72.020 Expiration of permits.

Any conditional use permit granted in accordance with the terms of this title shall, without further action, become null and void if not used within one year from the date of the approval thereof or within any shorter period of time, if so designated by the Board of Adjustment. [Ord. 1373 § 2, 1982; Ord. 1272 § 17-6-2, 1980.]

17.72.030 Revocation of permit.

A. Any conditional use permit granted under the terms of this title may be revoked by the Board of Adjustment in the manner set forth in this section, if any of the conditions or terms of such permits are violated, or if the continuance of the use would be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing and/or working in the neighborhood of such use, or would be injurious or detrimental to the property and improvements in the neighborhood or to the general welfare of the City.

B. Before the Board of Adjustment considers revocation of any permit, the Board of Adjustment shall hold a hearing thereon after giving written notice thereof to the permittee at least 10 days in advance of such hearing. [Ord. 1373 § 3, 1982; Ord. 1272 § 17-6-3, 1980.]