§ 155.412.120 USE PERMITS.

   (A)   Purpose. Use permits are required for land uses that are generally appropriate within a zoning district, but where the potential impacts of the use on a site and its surroundings must be evaluated, and where conditions of approval may be needed. Use permits are discretionary actions that enable the city to ensure that a proposed use is consistent with the General Plan and will not create negative impacts to adjacent properties or the general public.

   (B)   Types of use permits. The Zoning Code establishes two types of use permits: minor use permits and conditional use permits.

   (C)   Review authority.

      (1)   Minor use permits. The Director reviews and takes action on minor use permit applications. The Director may refer any application to the Planning Commission for public hearing and decision.

      (2)   Conditional use permits. The Planning Commission reviews and takes action on conditional use permit applications.

   (D)   When required. Land uses that require a use permit are shown in the land use regulation tables for each zoning district found in the Zoning Districts subchapter.

   (E)   Public notice and hearing.

      (1)   Minor use permits. Notice of the Director's pending action on a minor use permit application must be provided in compliance with § 155.408.090 (Notice of Pending Action). The Planning Commission will hold a public hearing only after receiving a written request for a public hearing.

      (2)   Conditional use permits. The Planning Commission must review and act on a conditional use permit application at a noticed public hearing in compliance with § 155.408.100 (Public Hearings).

   (F)   Findings for approval. To approve a use permit, the review authority must make all of the following findings:

      (1)   The proposed use is consistent with the General Plan, Zoning Code and any applicable specific plan or area plan adopted by the City Council;

      (2)   The site is suitable for the size, design and operating characteristics of the proposed use;

      (3)   The proposed use will be compatible with existing and planned land uses in the vicinity of the property;

      (4)   The proposed use will not be detrimental to the public health, safety and welfare; and

      (5)   The proposed use is properly located within the city and adequately served by existing or planned services and infrastructure.

   (G)   Permits to run with the land. See § 155.420.120 (Permits to Run with the Land).

   (H)   Expiration of use permits. See § 155.420.090(C) (Discontinued Uses).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)