Chapter 17.52 — APPLICATION FOR CONDITIONAL USES

A.

Upon application or on its own initiative, the planning commission may add a use to the list of permitted uses prescribed in Chapters 17.06 through 17.48 if the commission makes the following findings:

That the addition of the use to the list of permitted uses will be in accordance with the purposes of the district in which the use is proposed;

That the use has the same basic characteristics as the uses permitted;

That the use can be expected to conform with the required conditions prescribed for the district;

That the use will not be detrimental to the public health, safety, or welfare;

That the use will not create more vehicular traffic than the volume normally created by any of the uses permitted in the district;

That the use will not adversely affect the character of the district;

That the use will not create more odor, dust, smoke, noise, vibration, illumination, glare, fire or explosion hazard, or unsightliness, or any other objectionable influence, than that normally created by any of the uses permitted in the district.

B.

When a use has been added to a list of permitted uses in accordance with this procedure, the use shall be deemed to be listed as a permitted use in the appropriate chapter and shall be added to the text of that chapter when it is next published.

(Ord. 211 (part), 1980: prior code § 11-1-1901)

In certain districts, conditional uses are permitted subject to the granting of a use permit. Because of their unusual characteristics, conditional uses should be permitted only when their location, design, and use has been considered and deemed proper with respect to the objectives of the zoning ordinance and the effects on surrounding properties. The planning commission is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon the granting of use permits, subject to appeal to the city council, in accordance with the procedure prescribed in this title.

(Ord. 211 (part), 1980: prior code § 11-1-1902.1)

Application for a use permit shall be made to the planning commission on a form prescribed by the commission which shall include the following data:

A.

Name and address of applicant;

B.

Statement that the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved;

C.

Address or description of the property;

D.

Statement setting forth the precise circumstances applicable to the land, structure or use which makes the granting of a use permit necessary;

E.

A drawing of the site and the surrounding area for a distance of at least three hundred feet from each boundary of the site showing the existing locations of streets and property lines and a list of the names and last known addresses of the recorded legal owners, as shown on the Fresno County assessor's records, of all properties shown on the drawing. (County assessor's maps may be used for this purpose);

F.

Preliminary floor plans and front, side and rear elevations of the proposed structures, if available;

G.

Three prints of a site plan, drawn to scale, which shall indicate clearly and with full dimensions the following information:

Lot or site dimensions,

All buildings and structures: location, size, height, and proposed use,

Yards and space between buildings,

Walls and fences: location, height, and materials,

Off-street parking and loading: location, number of spaces, dimensions of parking and loading areas, and internal circulation pattern,

Access: pedestrian, vehicular, service: points of ingress and egress,

Signs: location, size, height, and type of illumination,

Lighting: location and general nature, including hooding devices, if any,

Street dedications and improvements,

Landscaping: location and type,

Such other data as may be required by the planning commission to make the required findings.

H.

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

(Ord. 211 (part), 1980: prior code § 11-1-1902.2)

The planning commission shall hold a public hearing on each application for a conditional use permit. Such hearing shall be held within thirty days of the date when the application was filed. Notice of the public hearing shall be given not less than ten days nor more than twenty days prior to the date of the hearing, by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest adopted tax roll of Fresno County as owning property within three hundred feet of the boundaries of the site to be occupied by the proposed use.

(Ord. 211 (part), 1980: prior code § 11-1-1902.3)

The city administrator shall make an investigation of the application and shall submit a report thereon to the planning commission at the public hearing. The report shall include a recommendation as to the action to be taken by the commission and a statement supporting such recommendation. The planning commission shall review the application and the statement and drawings submitted therewith and shall receive pertinent evidence and testimony concerning the proposed use and the proposed conditions under which it would be operated and maintained.

(Ord. 211 (part), 1980: prior code § 11-1-1902.4)

A.

The planning commission may grant an application for a conditional use permit as the use permit was applied for or in a modified form if, on the basis of the application and the evidence submitted, the

commission makes all of the following findings:

That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purposes of the district in which the site is located;

That the proposed location, structures, and uses, and the conditions under which they would be operated and maintained, will not be detrimental to the public health, safety or welfare, or materially injurious to or inharmonious with properties or improvements in the vicinity. Such considerations should include, but are not limited to, avoidance of traffic congestion, safety of pedestrian and vehicular circulation, and esthetic values within the district.

That the proposed use will comply with all of the applicable provisions of this title, including but not limited to yards, coverage, height of structures, walls and fences, landscaping, off-street parking and loading facilities, lighting, and signs.

B.

A use permit may be revocable, may be granted for a limited period, or may be granted subject to such conditions as the commission may prescribe. The commission may deny an application for a use permit.

(Ord. 211 (part), 1980: prior code § 11-1-1902.5)

The planning commission may make its approval subject to conditions which it may prescribe to protect the public health, safety and general welfare, provide for orderly and efficient development, or assure conformance with the intent and purposes of this title. Such conditions may include:

A.

Special yards, spaces, fences, walls, and landscaping;

B.

Grading, surfacing, and drainage specifications;

C.

Street dedications and improvements;

D.

Regulation of points of vehicular ingress and egress;

E.

Regulation of noise, vibration, odors, and other similar characteristics;

F.

Regulation of time for certain activities to be conducted on the site;

G.

Time period within which the proposed use shall be developed;

H.

A bond or deposit of money for the completion of street improvements and other facilities or removal of such use within a specified period of time, to assure faithful compliance and performance on the part of the applicant.

(Ord. 211 (part), 1980: prior code § 11-1-1902.6)

Unless a written appeal is submitted to the city clerk within ten days of planning commission action, stating the reasons for appeal and requested reconsideration, the decision of the commission shall be final and effective. In the event of appeal by any party, the city council shall decide whether or not to reconsider the decision of the planning commission, and, if it so decides, shall schedule a public hearing for the reconsideration, including notice as provided in Section 17.52.040. The council may affirm, reverse, or modify a decision of the planning commission; provided, however that, a decision denying a use permit is reversed or a decision granting a use permit is modified, the council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a use permit as prescribed in Section 17.25.060(A). A use permit shall become effective ten days following commission action or, if it is appealed, immediately following city council action granting such use permit.

(Ord. 211 (part), 1980: prior code § 11-1-1902.7)

Before a building permit is issued for any building or structure proposed as part of the approved conditional use permit application, the building official shall determine that the proposed building location, facilities, and improvements are in conformity with the site plan and conditions approved by the commission. Before a building may be occupied, the building official shall certify to the planning commission that the site has been developed in conformity with the site plan and conditions approved by the planning commission.

(Ord. 211 (part), 1980: prior code § 11-1-1902.8)

A use permit shall lapse and shall become void one year following the date on which the use permit became effective unless, by conditions of the use permit a lesser or greater time is prescribed or unless, prior to the expiration, a building permit is issued by the building official and construction is commenced

and being diligently pursued in accordance with the use permit. A use permit may be renewed for an additional period of one year or for a lesser or greater period as may be specified, provided that an application for renewal is filed with the planning commission prior to the expiration of the time period granted. The commission may grant or deny an application for renewal.

(Ord. 211 (part), 1980: prior code § 11-1-1902.9)

Upon violation of any application provisions of this chapter or conditions of the use permit, the use permit shall be suspended automatically. Notice of suspension shall be sent immediately by the planning official to the applicant or person responsible for non-compliance, and all construction or action relating to the violation shall cease. Within thirty days of the notice of suspension, the planning commission shall consider the suspension. If not satisfied that the regulations, provisions, or conditions are being fully complied with, the commission shall revoke the use permit or take such action as may be necessary to ensure compliance.

(Ord. 211 (part), 1980: prior code § 11-1-1902.10)

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

(Ord. 211 (part), 1980: prior code § 11-1-1902.11)

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 site shall be filed within one year from the date of denial or revocation of the use permit.

(Ord. 211 (part), 1980: prior code § 11-1-1902.12)