§ 17.70

Whenever it is stated in this title that certain uses may be permitted subject to securing a special use permit, it shall mean that the cases so defined may be permitted when they are in no way detrimental to existing uses or those uses permitted in the districts.

(Prior code § 1916 (part))

Applications for special use permits shall be made to the planning commission in writing on authorized forms.

(Prior code § 1916 (b)(1))

The planning commission shall investigate the facts bearing on the case and determine same at public hearing but no publication or posting of notice thereof shall be required.

(Prior code § 1916 (b)(2))

Before granting a permit, the issuing agency must make a finding, in writing, that the following conditions exist:

A.

That the granting of the permit will not be detrimental to the public welfare or injurious to property and improvements in the zoning district and neighborhood of the subject property;

B.

That the granting of the permit will be consistent with the objections of the general plan;

C.

That the granting of the permit will not authorize a use which is prohibited in the subject zoning district;

D

That the owners of the parcels nearest the proposed use, as determined by the planning department, have been notified, in writing, and due consideration given to any protest by one or more of the owners.

(Prior code § 1916 (a))

The planning commission shall render a written decision within forty days after the close of the public hearing. The decision shall be filed with the council and a copy mailed to the applicant.

(Prior code § 1916 (b)(3))

Any person aggrieved may appeal the planning commission decision to the city council within twenty days after approval of the special use permit.

(Prior code § 1916 (c))

In granting a special use permit, reasonable conditions may be established to insure the intent and purpose of this title.

(Prior code § 1916 (d))

Chapter 17.72 - ADMINISTRATION AND ENFORCEMENT

17.72.010 - Form of applications, petitions and appeals.

The city council or the planning commission shall prescribe the form and scope of all petitions and applications provided for in this title, and of the accompanying data to be furnished so as to assure the fullest practicable presentation of facts for proper consideration of the matter involved in each case and for a permanent record thereof. Any petition, as provided for in this title, shall include a verification by at least one of the petitioners, attested to before a notary public or before the city clerk.

(Prior code § 1907)

17.72.020 - Building permit issuance restrictions.

A.

No building or structure shall be erected on a lot which abuts a street having only a portion of its required street width dedicated and where no part of such dedication would normally revert to the lot if the street were vacated, unless provision is made for the dedicating and improving of that portion of the street

required by and being a portion of the lot. Improvements shall be installed in conformity with the standards established for the remainder of the street frontage of which the lot is a part, but shall not include less than the installation of curb and gutter on that side of the centerline of the street upon which the lot fronts. All yards required by this title shall also be provided.

B.

No building permit shall be issued where the structure or structures to be erected will have the effect of depriving other persons of the use of their property, or will have the effect of invalidating the master plan or any element thereof, without first subjecting the proposals to the council for review and study of possible alternates which might better serve the community.

(Prior code § 1894)

17.72.030 - Certificates of occupancy.

A.

Trailers. No automobile trailer shall be used as a place of human habitation.

B.

Lands. A certificate of occupancy shall be applied for before any vacant land is hereafter used or such use is in conformity with the provisions of this title; provided further, that no certificate of occupancy shall be required where the land is to be used for tilling the soil and growing thereon farm, garden or orchard products.

C.

Contents—Records. The certificate of occupancy shall state that the building or proposed use of a building or land complied with all laws and ordinances and with the provisions of this title. A record of certificates shall be kept on file in the office of the building inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

(Prior code § 1905)

17.72.040 - Other uses which the council deems to be similar defined.

When the term "other uses which the council deems to be similar" is used, it means those other uses which, in the judgment of the council, are similar to and not more objectionable to the health, safety and general welfare than the uses listed in a less restrictive district be permitted in a more restrictive district.

(Prior code § 1893 (a))