Chapter 9.80 — CONDITIONAL USE PERMITS

Sections:

9.80.010 Purpose. 9.80.020 Applicability 9.80.030 Application procedure. 9.80.030 Findings. 9.80.040 Conditions of approval. 9.80.050 Notice of decision. 9.80.060 Appeals. 9.80.070 Life of permits and extensions of time. 9.80.080 Revocation.

In certain districts, specific uses listed in this title are permitted subject to receiving a conditional use permit (CUP). Because of their unusual characteristics or the unique area in which they are proposed, these uses require special consideration so that they may be located properly with respect to the purpose and objectives of this title and with respect to their effects on surrounding properties.

This chapter shall apply to all uses listed as permitted uses, subject to a conditional use permit.

Applications for a conditional use permit shall be filed and processed pursuant to the applicable sections of Chapter 9.70.

• A. Before a conditional use permit can be approved, all the following findings shall be made by the reviewing authority identified in Chapter 9.70:

  1. The the proposed use will comply with the purpose and objectives of this title and the purposes of the district in which the subject site is located.

  2. The proposed use would be compatible with existing land uses and future permitted land uses within the zoning district in which the proposed use is to be located.

  3. The site for the proposed use is adequate in size, shape and location to accommodate the use the district for which it is proposed.

  4. The proposed use is consistent with the General Plan.

  5. The proposed use will not have a significant impact on the environment.

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6. The proposed location, size, design, and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience, or welfare of Avenal or materially injurious to properties or improvements in the vicinity, and that any incompatible impacts of the proposed use are mitigated by conditions of approval.

• n. A conditional use permit may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.

The reviewing authority may place conditions of the approval on the conditional use permit that promote the public interests, health, safety, convenience, or welfare of Avenal or that mitigate any impacts to surrounding properties. Conditions may involve the operation of the use, and maintenance of the property or specific aspects associated with development, including storage and display of goods; grading, surfacing, and drainage improvements; vehicular ingress and egress; parking and loading; landscaping and irrigation and maintenance thereof; regulation of light, vibration, odors, and noise; appearance of buildings, signs, and other structures; and street dedication and improvements. Conditions set forth in a use permit shall pertain to the purpose and objectives of this chapter.

A notice of decision of a conditional use permit shall be processed consistent with Chapter 9.70.

ADD 9.80.070 Hearings

A public hearing for a conditional use permit shall be held in accordance with Chapter 9.70.

Appeals to a decision of the reviewing authority of a conditional use permit shall be submitted and processed consistent with the procedures in Chapter 9.70.

• A. The initial life and subsequent extensions of time for a conditional use permit shall be per Chapter 9.70, except that when any conditional use permit is approved in conjunction with a tentative subdivision map or parcel map pursuant to Title 16, the conditional use permit shall not expire unless the tentative subdivision map or parcel map also expires, and an extension of the tentative subdivision map or parcel shall be deemed to be an extension of the conditional use permit.

• B. A conditional use permit shall run with the land and shall continue to be valid upon change of ownership of the property or structure that was the subject of the use permit application.

Revocation of an approved conditional use permit shall be conducted consistent with procedures and notice requirements in Chapter 9.70.

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Zoning Ordinance

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City of Avenal Municipal Code Title 9 – Zoning Ordinance