Article 24 — USES PERMITTED BY ADMINISTRATIVE APPROVAL

Certain uses listed in this chapter are permitted only when subject to review and approval by the Director. Buildings, structures and land shall be used, designed, erected, altered, or enlarged for the purposes so listed in the district in which such building or land is located only after review and approval by the Director as provided in this chapter.

When an application for a use permitted subject to administrative review and approval is filed, a fee shall be paid for the purpose of defraying the costs incidental to the proceedings.

A.

The Director shall review the proposed use and, in writing, state his approval or disapproval of the proposed use, together with his findings and reasons for such decision, within ten (10) days of the filing of such request. At his or her discretion, the Director may refer the proposed use directly to the Commission for a public hearing and decision. If the proposed use is referred to the Commission, it shall be treated as a use subject to a conditional use permit and the procedures set forth in Article 25 shall be followed.

B.

In approving a use, the Director shall first make a finding that all of the following conditions exist:

1.

That the site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by this chapter to adjust such use with the land and uses in the neighborhood;

2.

That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and

3.

That the proposed use will not be detrimental to the character of the development in the immediate neighborhood.

C.

If an application is approved by the Director, the owners of property within a radius of three hundred (300) feet from the exterior boundaries of the property described in the application shall be notified in writing of the decision.

D.

All notices required by this section shall also be sent in the manner prescribed above to the members of the Commission and the Council.

A.

No decision of the Director shall be effective until a period of ten (10) days has elapsed following the written notice of his or her decision. During this period, any property owners notified, any member of the Commission or the Council, or the applicant may file an appeal to the Commission. The appeal shall be filed in writing and set forth the reason for such appeal.

B.

The Commission shall hear such appeal of the Director's decision within forty (40) days after the date of the filing of such appeal.

C.

No decision of the Commission shall be effective until a period of ten (10) days has elapsed following the written notice of its decision.

D.

During this period, any property owners notified or the applicant may file an appeal to the Council. The appeal shall be filed in writing and set forth the reason for such appeal.

E.

The Council shall hear such appeal of the Commission's decision within forty (40) days after the date of the filing of such appeal. The Council's decision shall be final.

F.

The applicant shall be notified in writing at the address shown on the application of the Director's decision; of the Commission's decision if an appeal is made; or of the Council's decision if an appeal is taken from the Commission's decision.

G.

If an application is disapproved by the Director, or by the Commission if appealed, or by the Council if an appeal is taken from the Commission's decision, a record of such disapproval shall be made and kept on file.

ARTICLE 25 - CONDITIONAL USE PERMITS

In certain zones, conditional uses are permitted subject to the granting of a 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. The Commission is empowered to grant or deny applications for use permits and to impose reasonable conditions upon the granting of use permits, subject to appeal to the Council.

A.

Application for a use permit shall include the following information:

1.

Name and address of the applicant.

2.

Statement that the applicant is the owner of the property or is the authorized agent of the owner.

3.

Address and legal description of the property.

4.

The application shall be accompanied by a site plan as required by Article 26.

5.

The purposes of the use permit and the general description of the use proposed.

B.

The application shall be accompanied by a fee set by resolution of the Council sufficient to cover the cost of handling the application.

C.

If the application is found to be accurate and complete, it shall be formally accepted. The date of formal acceptance shall be noted on the application.

A.

Notice of the Commission hearing shall be given in accordance with Article 4.

A.

The Commission, in recommending the approval of a conditional use permit, shall find as follows:

1.

That the site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this chapter to adjust such use with the land and uses in the neighborhood;

2.

That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

3.

That the proposed use will have no adverse effect on abutting property or the permitted use thereof;

4.

That the conditions stated in the resolution are deemed necessary to protect the public health, safety, and general welfare. Such conditions may include:

a.

Special yards, spaces, and buffers;

b.

Fences and walls;

c.

Surfacing of parking areas subject to specifications;

d.

Requiring street dedications and improvements (or bonds) subject to the provisions of site plan review of this article, including service roads or alleys when practical;

e.

Regulation of points of vehicular ingress and egress;

f.

Regulation of signs;

g.

Requiring landscaping and the maintenance thereof;

h.

Requiring the maintenance of the grounds;

i.

Regulation of noise, vibration and odors;

j.

Regulation of time for certain activities;

k.

A bond for the removal of such use within a specified period of time; and

l.

Such other conditions as will make possible development in an orderly and efficient manner.

B.

A use permit may be revocable, may be granted for a limited time period, or may be granted subject to conditions as the Commission may prescribe. The Commission may grant conditional approval for a use permit subject to the effective date of a change of zone, other ordinance amendment, annexation, or tentative subdivision map.

C.

The Commission shall provide its decision by resolution within forty (40) days after the public hearing. Such resolution shall set forth the findings of the Commission and any recommended conditions, including time limits, deemed necessary to protect the health, safety, and welfare of persons in the neighborhood and in the community as a whole.

A.

The Commission's action may be appealed to the Council in conformance with Sections 9-5.418 and 9- 5.419.

B.

Notice of an appeal hearing before the Council shall be subject to the same provisions of the Commission hearing.

C.

The Council may affirm, reverse or modify a decision granting a use permit. If modified, the Council shall, on the basis of the record transmitted by the Commission and such additional evidence as may be submitted, make the findings requisite to the granting of a use permit prescribed in Section 9-5.25.04.

D.

A use permit shall become effective immediately when granted or affirmed by the Council.

9-5.25.06 - Use Permit to Run with the Land

A.

A use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the use permit application.

B.

Revocation of use permits shall be subject to the requirements of Article 4.

C.

The Council, on its own motion, at a public hearing, with or without a recommendation from the Commission, may revoke any conditional use permit for noncompliance with the conditions set forth in granting such permit.

A.

Any use listed below may be permitted in any zone in the City unless otherwise provided in this chapter after a conditional use permit has been issued. Any use listed below shall not be permitted in any zone in the City without such permit.

1.

Airports;

2.

Cemeteries;

3.

Churches;

4.

Columbaria, crematories, and mausoleums; provided that none shall be permitted in any R or RM zone unless with a cemetery;

5.

Public utility facilities, including water wells, substations, communication equipment buildings, and excluding pole and distribution mains;

6.

Radio or television transmitters;

Golf courses;

8.

Hospitals, sanitariums, and mental hospitals;

9.

Railroads, except that railroads shall be permitted by right in the C-3, M-1, and M-2 districts;

10.

Uses attracting or involving large assemblages of persons or vehicles, such as amusement parks or fairgrounds, open air theaters, stadiums, race tracks, and rodeo grounds. None of the foregoing shall be allowed in any R or RM zone;

11.

Mortuaries, except that mortuaries shall be permitted by right in the C-2 district;

12.

Institutional buildings;

13.

Educational institutions, except that the foregoing shall be permitted by right in the RCO district;

14.

The sale of alcoholic beverages by retail uses for consumption either on-site or off-site. (The foregoing shall not be permitted in any "R" zone unless associated with a use otherwise permitted by Conditional Use Permit). Alcoholic beverages shall be defined as those beverages requiring licensing for sale by the California State Department of Alcoholic Beverage Control ("ABC License").

9-5.25.8 - Conditional Use Permits for Liquor Stores, Bars, Night Clubs, Convenience Stores, Retail Uses Selling Alcoholic Beverages for Consumption Either On-site or Off-Site; Book, Magazine, and Stationary Stores; Theaters and Auditoriums; Tattoo Parlors

Notwithstanding anything to the contrary in this Article, or in Fowler Zoning Ordinance, existing retail uses selling alcoholic beverages for consumption either on-site or off-site without a CUP on file at the time of ordinance amendment shall be required to secure a CUP within one hundred twenty (120) days of ordinance adoption at no cost to the applicant. Other existing uses described above at the time of ordinance amendment shall be allowed to continue operating as before and shall be considered legal nonconforming uses. However, a conditional use permit shall be required for all uses contained in this section under any one (1) of the following circumstances:

A.

There is a substantial change in the mode or character of the operation of the business.

B.

There is a break in the continuous operation of the business, except (i) a closure for not more than thirty (30) days for the purpose of repair, if that repair does not change the nature of the business and does not increase the square footage of the business used for the sale of alcoholic beverages; or (ii) closure for longer than thirty (30) days if the purpose is for restoration of premises rendered totally or partially inaccessible by an act of God or a toxic accident, if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages.

C.

If the premises is required to have a liquor license and the premises obtains a different type of liquor license whether within the same or different license classification.

D.

If there is a change in status of the owner of the business.