Porterville Municipal Code § 604.01 Purpose

This article describes the process and general requirements applicable to those uses for which a conditional use permit is required. These uses require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. The process for review of conditional use permit applications is designed to evaluate possible adverse impacts and to minimize them where possible through the imposition of specific conditions. (Ord. 1801, 12-3-2013)

Conditional use permit approval is required for uses or developments specifically identified in the series 200, "Base Districts", and 500, "Overlay Districts", of this chapter or any other section of this chapter which requires a conditional use permit. Some conditional uses that have been identified by the city council to require less staff review time are titled "minor conditional use permits", and such uses are identified in series 200, "Base Districts", of this chapter. Minor conditional use permits shall conform to all applicable criteria required of conditional use permits. (Ord. 1801, 12-3-2013)

A. Application: Written applications for conditional use permits shall be filed with the community development department in accordance with article 601, "Common Procedures", of this series.

B. Public Hearing: Within thirty (30) days after determining that an application is complete, the zoning administrator shall schedule a public hearing before the city council. Notice shall be provided in compliance with the requirements in article 601, "Common Procedures", of this series. (Ord. 1801, 12-3-2013)

A conditional use permit shall only be granted if the city council determines that the project as submitted or as modified conforms to all of the following criteria. If the city council determines that it is not possible to make all of the required findings, the application shall be denied. The specific basis for denial shall be established for the record.

A. Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the general plan and any other applicable plan that the city has adopted; and

B. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conforms in all significant respects with the general plan, this development ordinance and with any other applicable plan adopted by the city council. (Ord. 1801, 12-3-2013)

A. In approving a conditional use permit, the city council may impose conditions reasonably related to the application and deemed necessary to achieve the findings for a conditional use permit identified in section 604.04 of this article. (Ord. 1801, 12-3-2013)

A. Decision: The decision of the council shall be final. The zoning administrator shall cause a copy of its resolution to be mailed to the applicant within ten (10) days from the date of adoption thereof.

B. Expiration, Extension, And Modifications: Conditional use permits are effective and may only be extended or modified as provided for in article 601, "Common Procedures", of this series. (Ord. 1801, 12-3-2013)