SECTION:
18.192.010: Purpose
18.192.020: Specific Uses Permitted Subject To Conditional Use Permit
18.192.030: Application; Submittal Requirements
18.192.040: Consideration Of Permit; Public Hearing By Planning Commission
18.192.050: Public Improvement And Dedication Requirements
18.192.060: Approval Of Permit; Findings
18.192.070: Appeal From Planning Commission Decision
18.192.080: Council Action In Absence Of Appeal
18.192.090: Conditional Use Permit; Expiration
18.192.100: Revocation Or Voiding Of Permit
18.192.110: Reapplication; Waiting Period
18.192.120: Violation
A. The purpose of a conditional use permit (CUP) is to establish a review process for the development of a use that may be desirable under appropriate circumstances but is not permitted by right in the applicable zone. The intent of this chapter is to permit review of such proposed uses on a case by case basis to determine whether, and under what conditions, the use may be approved at a given site. Further, the intent of this chapter is that each use be developed so as to fully protect the public health, safety and welfare of the city. To provide this protection, conditions may be imposed on a use to address potential adverse effects. The privileges and conditions of a CUP are a covenant that runs with the land and, in addition to binding the permittee, bind each successor in interest. A CUP is granted at the discretion of the city, and is not an automatic right of any applicant. (Ord. 2503 § 1, 2003)
A. Uses listed in the city's zones as "uses permitted subject to a conditional use permit" may be permitted in such zones pursuant to the provisions of this chapter.
B. The following uses may be permitted in any zone, except where expressly prohibited, when such uses are determined by the city to be essential or desirable for the public health, safety and welfare in accordance with the provisions of this chapter:
Airport, heliport.
Cemeteries, columbariums, mausoleums.
Convalescent homes, board and care homes.
Development of natural resources (excluding drilling for or producing oil, gas or other hydrocarbon substances or the production of rock and gravel), together with the necessary buildings, apparatus or appurtenances incident thereto.
Educational institutions, public or private.
Family care home, foster home, or group home serving six (6) or fewer mentally disordered or otherwise handicapped persons, or dependent and neglected children, may be permitted, subject to approval of a conditional use permit, in any residential zone. Similar homes serving seven (7) or more persons shall be permitted only in the multiple-family residential and agricultural zones, subject to approval of a conditional use permit.
Golf courses, excepting driving ranges and miniature courses.
Governmental enterprises.
Hospitals and medical clinics.
Meeting places of nonprofit civic groups or community organizations other than social or fraternal clubs.
Neighborhood stores and shopping centers.
Planned residential developments, subject to the provisions of chapter 18.144 of this title; special residential developments such as housing for retirement, elderly, or similar projects, provided they comply with the density of the general plan; and all multiple residential developments containing thirty five (35) or more dwelling units.
Problem areas. In those areas that are so located that their relationship to other uses of land or to topographical features, or where existing land subdivision patterns make use for the zoned purposes impractical, and where one particular use would be reasonable and desirable, the commission may determine such a use, if otherwise permitted by ordinance, to be reasonable.
Public utility structures and service facilities.
Religious places of worship.
Shared homes for nonrelated senior adults living together as a single household sponsored by a nonprofit organization may be permitted in any residential zone. Occupancy of the home shall not exceed two (2) persons for each bedroom. "Senior adults" are defined as persons fifty five (55) years of age or older.
Transitional uses. A use, or combination of uses that will provide an orderly bridge between more intensive and less intensive uses:
1. Adjacent to commercial districts, excepting C-1 and C-2: Administrative and professional offices, off street parking, motels and hotels; no retail sales are permitted unless proposed in conjunction with a complex of uses whereby the adjacent residential districts are buffered by the uses specifically listed as permitted,
2. Adjacent to industrial districts: Administrative and professional offices, and off street parking; no retail sales are permitted,
3. Adjacent to administrative-professional districts: Off street parking, and administrative and professional offices, provided property abuts a major or secondary highway and is not separated from the A-P district by a street. (Ord. 2503 § 1, 2003)
Applications for a CUP shall be made to the planning commission on forms prescribed by the city. The applicant for a CUP shall be the property owner or the authorized agent of the property owner as evidenced by written document. A completed application and payment of all applicable fees as established by the city shall be submitted to the community development department. The application for a CUP shall include a site plan prepared to scale, showing accurately and with complete dimensions, all buildings and structures proposed and existing on property. (Ord. 2503 § 1, 2003)
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