A. Intent and purpose. The conditional use permit is intended for those land uses which require special consideration in a particular zone or in the city as a whole. The following factors shall be considered in determining the appropriateness of a location with respect to adjacent uses: The extent of traffic generation, noise, vibration, smoke or other problems incidental to the operation; special locational and space requirements; the effect that such uses may have on property values, health, safety and welfare; and any other characteristic which may affect the compatibility of the use with the neighborhood or the community. In granting the permit, certain safeguards to protect the health, safety, and general welfare may be required as conditions of approval. Uses existing on the effective date of this title which are listed as permitted subject to conditional use permit may continue without securing such a permit; however, any extension or expansion of such use shall comply with provisions of this section.
B. Uses permitted subject to conditional use permit.
1. Uses listed in each zone requiring a conditional use permit may be permitted in said zone subject to the provisions of this section.
2. The following uses may be permitted in any zone except where expressly prohibited, when such uses are deemed by the Planning Commission to be essential or desirable for the public welfare and convenience and in conformity with the General Plan and its objectives.
Borrow pit
Cellular telephone poles or facilities
Cemetery, columbarium, crematory, mausoleum
Golf course
Heliport
Hospitals, sanitariums
Planned Unit Development in residential zones, subject to the provisions of Chapter 20.16
Public utility structures and installations not listed in any zone
Radio and television transmitters
Temporary establishments or enterprises involving: circus, open air theater (excluding drive-in theater), tent revival and race track
3. Other special or unusual uses for which no provision is made in this title or which provide for an unusual combination of uses not otherwise provided for nor otherwise prohibited in this title.
C. Initiation and hearing.
1. Application. Application for a conditional use permit shall be made pursuant to § 20.400.040. The application shall include a site plan and elevations of the proposed development. Appropriate fees shall be paid as determined by City Council resolution.
2. Staff investigation. The Planning Division shall make an investigation of the facts bearing on the case to provide the information necessary for the action consistent with the intent of this title and the General Plan, and shall report the findings to the Commission.
3. Notice of hearing. Notice of public hearing shall be made pursuant to Chapter 20.416.
D. Commission findings and conditions. The Commission, in approving a conditional use permit, shall find as follows:
1. That the use(s) applied for at the location set forth in the application is properly one(s) for which a Conditional Use Permit is authorized by this title.
2. That said use(s) with any conditions to be imposed is necessary or desirable for the development of the community, in harmony with the various elements or objectives of the General Plan, and not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use(s) is to be located.
3. That the site is adequate in size and shape to accommodate the proposed development and all of the yards, setbacks, walls or fences, landscaping, and other features required to bring about conformity with other elements in the neighborhood.
4. That the proposed site relates to streets and highways which are properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed development.
5. That with the conditions stated in the permit, the uses will not adversely affect the public health, safety, or general welfare. Such conditions may include, but are not limited to:
a. Special setbacks, yards, open spaces and buffers;
b. Fences and walls;
c. Lighting;
d. Surfacing of off-street parking and loading areas;
e. Requiring street dedications and street improvements, including service roads and alleys when necessary and practical;
f. Regulations of points of vehicular ingress and egress;
g. Regulation of signs;
h. Regulation of time for certain activities;
i. Requiring landscaping and maintenance thereof;
j. Requiring maintenance of grounds;
k. Regulation of noise, vibration, odors, dust;
l. Time period within which the proposed use shall be developed;
m. A bond for removal of such use within a specified period of time; and
n. Such other conditions as are necessary to protect existing or potential users in the area.
E. Commission action.
1. The Planning Commission may approve, conditionally approve, or disapprove the application and shall announce and record its decision within twenty-one (21) days following the conclusion of the public hearing. The decision shall set forth the findings by formal resolution of the Commission and shall be filed with the City Council. A copy of the resolution shall be mailed to the applicant.
2. The decision of the Planning Commission shall be final and shall become effective ten (10) days after the adoption of the resolution by the Commission, subject to appeal pursuant to Chapter 20.424.
F. Time limit.
1. Each permit hereafter granted shall automatically expire and be of no further force or effect if not exercised within two (2) years of its effective date, unless the permit specifies a longer period; provided that the Planning Commission, subject to appeal to the Council in the same manner and time as with the permit itself, may extend any such permit for successive periods not to exceed six (6) months each, upon showing of good cause therefor, if written application for such extension is filed prior to the expiration thereof.
2. “Exercise” of a permit shall mean substantial construction work pursuant to a building permit, and shall not include preparation of plans, engineering work or grading. In case of any dispute thereon, applicant or its successor in interest may request in writing that the Planning Commission conduct a hearing of which the requesting party shall be given ten (10) days advance written notice by first class mail directed to the address of the requesting party given in such written request for hearing. The decision of the Planning Commission may be appealed to the Council pursuant to Chapter 20.424.
3. Each permit issued hereunder shall have appended thereto a copy of this paragraph F. and Chapter 20.412, and shall contain substantially the following provision: “Any permit is subject to expiration and revocation as provided in Chapter 20.412, and said provisions are specifically made a part hereof without negating the applicability of any other provision of this title or of any other ordinance.”
4. Upon expiration of the period of time set forth in paragraph F.2. above, if, in the opinion of the Secretary to the Commission, any permit has been revoked or has expired, written notice thereof may be directed to the holder of the permit according to city records at its last address of record. The same shall be sent by first class mail, postage prepaid. Unless a hearing is requested by any interested person as provided for in paragraph F.2. above, with such request being received by the city within thirty (30) days of date of mailing of said letter, nonexercise of said permit shall be conclusively presumed. Any notices to be given under this paragraph F. shall be deemed given upon deposit in the United States mail, whether actually received or not.
G. Revisions to site plan approved as part of conditional use permit.
1. Minor revision to a site plan approved as part of a conditional use permit may be made after review and approval by the Director pursuant to the Plan Review Procedure, § 20.408.040. Minor revisions are hereby defined as revisions which in no way change the requirements set forth by the Commission or Council or violate the intent of any of the standards or conditions of the permit or of the zone.
2. Revisions other than minor revisions, as defined above, shall be made pursuant to the conditional use permit procedure set forth in this section.
3. All copies of the approved revised site plan shall be dated and signed by the Director and made a part of the record of the subject conditional use permit. One (1) copy of said approved revised site plan shall be mailed to the applicant.
H. Reapplication. No person shall reapply for a similar conditional use permit on the same land, building, or structure within a period of one (1) year from the date of the final decision on such previous application unless such decision is a denial without prejudice.
(Am. Ord. 1066, passed 4-20-04)