A. Intent and purpose. The minor conditional use permit and conditional use permit are intended for minor modification of standards and those land uses which require special consideration in a particular zone or in the city as a whole due to their characteristics, size of the area required for full development of such uses, potential effects of such uses on adjoining land uses and on the growth and development of the area. Uses existing on the effective date of this title which are listed as permitted subject to minor conditional use permit or 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 minor conditional use permit or conditional use permit may be permitted in such zone subject to the provisions of this section.
2. Modification of standards.
a. The following circumstances may be permitted with an approval of a minor conditional use permit.
(1) Where dimensional problems of an existing parcel require a reduction of lot area or dimensions by more than five percent (5%) but not more than ten percent (10%) of that required by the zone provided that such reduction is requested on not more than one (1) lot within any one (1) subdivision or tract.
(2) Where dimensional problems of an existing parcel require a reduction of yards and/or distance between buildings by more than ten percent (10%) but not more than twenty percent (20%) of the requirements of the zone provided that such reductions are not requested for more than one (1) lot within any one (1) subdivision or tract.
(3) Reduction of number of required parking spaces by more than ten percent (10%) but not more than twenty percent (20%).
(4) Modification of wall and fence heights to increase more than twelve (12) inches but not to exceed twenty-four (24) inches.
(5) Modification of projections/encroachment into required yard areas by more than five percent (5%) but not to exceed ten percent (10%) of the required yard areas in the zone, provided that such does not violate fire, housing or building codes.
(6) Modification of maximum permitted lot coverage to increase by ten percent (10%) but not to exceed twenty percent (20%) of the maximum lot area coverage permitted in the zone.
(7) Modification of maximum height regulation by more than five percent (5%) but not to exceed ten percent (10%).
b. The following circumstance may be permitted with an approval of a conditional use permit.
(1) Increase in building heights above the maximum permitted building height in C-P, C-C, C-G, C-M, C-RC, M-P, M-1 and M-2 zones.
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 may be permitted with an approval of a conditional use permit.
C. Procedure.
1. Application. Application for a minor conditional use permit and 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 at minimum. 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 approval authority.
3. Approval authority.
a. Conditional use permit. The Commission, at a public hearing, has the authority to approve, conditionally approve, or disapprove a conditional use permit application.
b. Minor conditional use permit. The Director, without a public hearing, has the authority to approve, conditionally approve, or disapprove a minor conditional use permit application. The Director may refer any minor conditional use permit to the Planning Commission for review at his/her discretion.
c. The decision of the approval authority shall be final and become effective ten (10) days after the decision, subject to appeal pursuant to Chapter 20.424.
4. Public notice.
a. Conditional use permit. Notice of public hearing for conditional use permit shall be made pursuant to Chapter 20.416.
b. Minor conditional use permit. A public notice shall be made to owners of property located within three hundred (300) feet of the subject property, and such notice shall be made by first class mail. Such notice shall be given at least ten (10) calendar days before the Director's decision. In addition, a notice of decision shall be made to individuals who have requested to be notified of the Director's decision in a method requested by such individuals. Such notice shall be made within two (2) calendar days of the Director's decision.
D. Findings. The Director or the Commission, in approving a minor conditional use permit or a conditional use permit, shall find as follows:
1. That the use(s) or modification of standards applied for at the location set forth in the application is properly one(s) for which a minor conditional use permit or a conditional use permit is authorized by this title.
2. That such use(s) or modification of standards, 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
E. 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 such 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 E.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 E.2. above, with such request being received by the city within thirty (30) days of date of mailing of such letter, nonexercise of such permit shall be conclusively presumed. Any notices to be given under this paragraph E. shall be deemed given upon deposit in the United States mail, whether actually received or not.
F. 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 such approved revised site plan shall be mailed to the applicant.
G. An amendment to an existing conditional use permit shall be subject to a minor conditional use permit if the uses that were approved under a conditional use permit are allowed with a minor conditional use permit on the effective date of this Chapter.
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; Am. Ord. 1250, passed 5-21-24)