Chapter 18.38 — CONDITIONAL USE PERMIT PROCEDURE

The procedures codified in this chapter shall apply to all uses permitted subject to a conditional use permit. If no planning commission has been appointed by the council, then: the hearing notice described in Section

hearing, adopt the resolution and make the findings described in Sections 18.38.060 and 18.38.070; Sections 18.38.080, 18.38.090A and 18.38.090B shall not apply; and, the decision of the city council on the application shall be final and not subject to appeal.

(Ord. 88-07 §2, 1988: Ord. 68-128 §5-403(part), 1968).

A.

Filing. Application for a conditional use permit shall be filed by the owner or lessee of the property or by a public utility or other public agency with the power of eminent domain for which the permit is sought, or by the authorized representative of either the owner or lessee.

B.

Form and Contents. Application shall be made to the commission on forms furnished by the city and shall be full and complete, including such data as may be prescribed by the commission to assist in determining the validity of the request.

C.

Verification. The city clerk, or a person delegated by him, shall verify the accuracy and completeness of the application. The date of verification shall be noted on the application. Such verification shall be made within ten days of the filing of such application.

D.

Not in Scope. In cases where the city clerk considers the reasons and conditions as set forth in the application not within the scope of the conditional use permit procedure, the applicant shall be so informed. Whereupon, if the application is filed and the fees are accepted, the application shall be signed by the applicant to the effect that he was so informed. Acceptance of an application does not constitute an indication of approval.

(Ord. 68-128 §5-403(A), 1968).

When the application for a conditional use permit is filed, a fee as provided in Section 18.50.010 shall be paid, for the purpose of defraying the costs incidental to the proceedings.

(Ord. 68-128 §5-403(B), 1968).

The city shall investigate the facts bearing on the case to provide information necessary for action consistent with the intent of this title and the general plan.

(Ord. 68-128 §5-403(C), 1968).

A.

The hearing date shall be set by the city clerk for not less than ten nor more than forty days after the filing of an application.

B.

Notice of all public hearings shall be given and shall contain the name and place of the hearing and other pertinent data presented in the application.

C.

Notices shall be mailed not less than ten days before the date set for the hearing to owners of property within a radius of three hundred feet of the external boundaries of the property described in the application using for this purpose the last known address of such owners as are shown on the latest adopted tax roll of the county.

D.

When requested by the commission, notices may be posted not less than ten days before the date set for the hearing in front of the subject property including the placing of notices not more than two hundred feet apart on each side of the street upon which the subject property fronts for a distance of not less than four hundred feet in each direction from subject property.

(Ord. 68-128 §5-403(D), 1968).

A.

The commission shall, not less than ten days after the legal notice of public hearing on a conditional use permit application, hold the public hearing.

B.

The commission shall announce its recommendation or decision by resolution within forty days after the conclusion of the public hearings.

Said resolution shall set forth the findings of the commission and any recommended or required conditions, including time limit, deemed necessary to protect the health, safety and welfare of persons in the neighborhood and in the community as a whole.

C.

The resolution, in the case of all conditional use permits except those authorized by Section 18.32.040 B, shall be mailed to the applicant at the address shown in the application. The applicant or any person aggrieved, may appeal any decision of the commission to the council by filing a written notice of appeal with the city clerk within fifteen days after the decision. Such appeal shall set forth the reasons therefor.

D.

The resolution, in the case of conditional use permits authorized by Section 18.32.040 B, shall immediately be filed with the council and a copy thereof shall be mailed to the applicant at the address shown in the application.

(Ord. 68-128 §5-403(E), 1968).

A.

The commission, in recommending or granting a conditional use permit, shall find as follows:

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

That the site for 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;

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

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

B.

Such conditions may include:

Special yards, spaces and buffers;

Fences and walls;

Surfacing of parking areas subject to specifications;

Requiring street dedications and improvements, or bonds, subject to the provisions of site plan review, Chapter 18.40, including service roads or alleys when practical;

Regulation of points of vehicular ingress and egress;

Regulation of signs;

Requiring maintenance of the grounds;

Requiring landscaping and maintenance thereof;

Regulation of noise, vibration, odors, etc.;

Regulation of time for certain activities;

Time period within which the proposed use shall be developed (see Section 18.38.100);

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

A request for a site plan for purposes of review, said site plan to be submitted by the applicant; and

Such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title.

(Ord. 68-128 §5-403(F), 1968).

The hearing date shall be set by the city clerk for not less than fifteen nor more than forty days after the filing of the commission resolution with the council pursuant to Section 18.38.060 D or the filing of an appeal pursuant to Section 18.38.060 C. Notice shall be given as provided in Section 18.38.050 above.

(Ord. 68-128 §5-403(G), 1968).

A.

The council shall, not less than ten days after the legal notice of a public hearing on a conditional use permit, hold the public hearing.

B.

The council may approve, approve with stated conditions, or disapprove the conditional use permit application by resolution. The council may add to or delete any of the conditions recommended or required by the commission. Such decision shall be made within forty days of the hearing.

C.

A copy of the council resolutions shall be mailed to the applicant at the address shown on the application.

(Ord. 68-128 §5-403(H), 1968).

The council, or the commission in the case of a conditional use permit granted by the commission, may establish a time limit within which the subject property and use or any state or phase thereof shall be commenced and completed. The time limits set by the council or commission shall be reasonable, based

on the size and nature of the proposed development. Said time limit may be extended by the council or commission for good cause when the applicant presents proof of an unusual hardship not of his own making.

(Ord. 68-128 §5-403(I), 1968).

The decision of the council shall be final unless review thereof is sought by a court of competent jurisdiction within fifteen days after the council resolution date.

(Ord. 68-128 §5-403(J), 1968).

A.

The council, on its own motion, at a public hearing, with or without a recommendation from the commission, may revoke any conditional use permit granted by it for noncompliance with the conditions set forth in granting the permit.

B.

The commission, on its own motion at a public hearing, with or without a recommendation from the council, may revoke any conditional use permit granted by it for noncompliance with the conditions set forth by the commission in granting the permit.

C.

If an established time limit for development expires and no extension has been granted, the conditional use permit shall be considered void.

(Ord. 68-128 §5-403(K), 1968).

Within ten days after the granting of a conditional use permit, the city clerk shall indicate on the zone map the lot or lots affected by such conditional use permit. Such indication shall show the file number of such permit.

(Ord. 68-128 §5-403(L), 1968).

No person, including the original applicant, shall reapply for a similar conditional use permit on the same land, building, or structure within a period of one year from the date of the final decision on such previous application unless such decision is a denial without prejudice.

(Ord. 68-128 §5-403(M), 1968).