Calexico Municipal Code § 17.01.510 Purpose

In order to give the use regulations the flexibility necessary to achieve the objectives of this title, conditional uses are permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning ordinance and with respect to their effects on surrounding properties. In order to achieve these purposes, the planning commission is empowered to grant and to deny applications for use permits for such conditional uses in such zones as are prescribed in the zoning ordinance and to impose reasonable conditions upon the granting of conditional use permits. (1992 zoning ord. (part))

Application for a conditional use permit shall be filed with the planning director on a form prescribed by the planning director and shall include the following data and maps:

A. Name and address of the applicant.

B. Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located. This provision shall not apply to a proposed public utility right-of-way.

C. Address and legal description of the property.

D. Statement indicating the precise manner of compliance with each of the applicable provisions of this title, together with any other data pertinent to the findings prerequisite to the granting of a use permit, prescribed in Section 17.01.540.

E. A list of all owners of property located within three hundred feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties.

F. Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, landscape and irrigation plans shall be included in the plans.

G. The planning director may waive requirements of subsection F of this section and/or require additional data as deemed necessary to the decision-making process. (1992 zoning ord. (part))

The hearing shall be set and notice given as prescribed in Section 17.01.230. At the public hearing, the planning commission shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 17.01.540. (1992 zoning ord. (part))

The planning director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the planning commission and made available to the applicant on the Friday prior to the public hearing. (1992 zoning ord. (part))

A. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. Conditions may include, but shall not be limited to requiring:

1. Special yards;

2. Open spaces;

3. Buffers;

4. Fences;

5. Walls;

6. Installation and maintenance of landscaping;

7. Street dedications and improvements;

8. Regulations of points of vehicular ingress and egress;

9. Regulation of traffic circulation;

10. Regulation of signs;

11. Regulation of hours of operation and methods of operations;

12. Control of potential nuisances;

13. The prescription standards for maintenance of building and grounds;

14. Prescription of development schedules and development standards; and

15. Such other conditions as the commission may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare.

B. Variations from the regulations prescribed elsewhere in this section for fences, walls, hedges, screening, and landscaping; site area, width and depth; front, rear and side yards; coverage; height of structures; distances between structures; usable open space; signs; off-street parking facilities or frontage on a public street, shall be separately administered in accordance with the procedures in Article VI, Variances, of this chapter. (1992 zoning ord. (part))

The planning commission shall make the following findings before granting a conditional use permit:

A. That the proposed location size, design, and operating characteristics of the proposed use is in accord with the title and purpose of this zoning title, the purpose of the zone in which the site is located, the Calexico general plan, and the development policies and standards of the city; and

B. That the location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to:

1. Harmony in scale, bulk, coverage, and density,

2. The availability of public facilities, services and utilities,

3. The harmful effect, if any, upon desirable neighborhood character,

4. The generation of traffic and the capacity and physical character of surrounding streets,

5. The suitability of the site for the type and intensity of use or development which is proposed,

6. The harmful effect, if any, upon environmental quality and natural resources, and to

7. Any other relevant impact of the proposed use; and

C. That the proposed location size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and

D. That the proposed conditional use will comply with each of the applicable provisions of this title, except for an approved variance. (1992 zoning ord. (part))

A. A conditional use permit shall lapse and shall become void three years following the date on which the use permit was approved, unless prior to the expiration of the permit:

1. A building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application; or

2. A certificate of occupancy is issued for the structure which was the subject of the use permit application; or

3. The site is occupied in accordance with conditional use, if no building permit or certificate of occupancy is required; or

4. The use which was the subject of the use permit application is commenced, provided that a use permit for a public utility installation may be valid for a longer period if specified by the commission.

B. A conditional use permit subject to lapse may be renewed for an additional period of three years, provided that ninety calendar days prior to the expiration date, an application for renewal of the use permit is filed with the director of planning on the prescribed form and accompanied by the necessary data and deposits.

C. The planning commission may grant or deny an application for renewal of a conditional use permit.

D. If the use, business, or service for which the conditional use permit was issued terminates or ceases operation for a continuous period of time in excess of one hundred and eighty calendar days except for:

1. Destruction or damage by acts of God; or

2. Destruction or damage by malicious acts; or

3. Remodeling or rehabilitation requiring prolonged closure;

The conditional use permit shall expire and the permit shall thereafter have no further force or effect.

(1992 zoning ord. (part))

(Ord. No. 1173, § 4, 10-12-2016)

A. A conditional use legally established prior to the effective date of the ordinance codified in this title, or prior to the effective date of subsequent amendments to this title or zone boundaries, shall be permitted to continue, provided that it is operated and maintained in accordance with the conditions prescribed at the time of its establishment, if any; and provided that it meets the requirements of Section 17.01.545.

B. Alteration or expansion of a pre-existing conditional use shall be permitted only upon the granting of a conditional use permit as prescribed in this article, provided that minor alterations as determined by the director of planning shall be permitted without the granting of a conditional use permit.

C. A conditional use permit shall be required for the reconstruction of a structure which has a pre-existing conditional use, if the structure is destroyed by fire or other calamity, by act of God, or by the public enemy to an extent greater than fifty percent. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the city engineer and building official and shall be based on the minimum cost of construction in compliance with the building code. (1992 zoning ord. (part))

Sections 17.01.510 through 17.01.540 shall apply to an application for modification, expansion, or other change in a conditional use, provided that minor revisions or modifications may be approved by the planning director, if it is determined that the changes would not affect the findings prescribed in Section 17.01.540, Findings. (1992 zoning ord. (part))

A. Suspension. If in the opinion of the director of planning, a violation of any applicable provision of this title; or, if granted subject to conditions, upon failure to comply with conditions; or that, as a result of evidence now available and not available at the prior hearing when permit was granted and could not have been obtained with reasonable diligence at that hearing, the findings made, pursuant to Section 17.01.540, can no longer be made; or that the permit was obtained by fraud, a conditional use permit shall be suspended automatically.

B. Revocation. The planning commission shall hold a public hearing within forty calendar days, in accordance with procedure prescribed in Section 17.01.230, Public hearing and notification. The planning commission, if it is not satisfied that the regulation, general provision, or condition(s) is being complied with, may revoke the conditional use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition(s). The decision shall become final thirty calendar days following the date on which the use permit was revoked unless a request for an appeal has been filed within the ten calendar days, in which case Section 17.01.250, Action by the city council, shall apply. (1992 zoning ord. (part))

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the use permit. (1992 zoning ord. (part))

A use permit granted pursuant to the provisions of this article shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the use permit application. (1992 zoning ord. (part))

Application for a conditional use permit may be made at the same time as application for a change in zone boundaries including the same property, in which case the city shall hold the public hearing on the zoning change and the use permit at the same meeting and may combine the two hearings. (1992 zoning ord. (part))