§ 14.22

Use permits are required for uses which may be suitable only in specific locations in a zoning district or which require special consideration in their design, operation or layout to ensure compatibility with surrounding uses.

(Ord. 1625 § 1 (part), 1992).

A.

The zoning administrator shall approve, conditionally approve or deny applications for conditional use permits identified in the Land Use Tables as CZ use permits. The planning commission shall approve, conditionally approve or deny applications for conditional use permits identified in the Land Use Tables as C use permits.

B.

When, in the opinion of the community development director, any matter set forth in Section 14.22.020.A of this chapter or in the land use regulation tables listed in each of the zoning districts regulated by this title:

1.

Is deemed to be an insignificant or inconsequential change in use;

2.

Will not have a detrimental impact on surrounding properties; and

3.

Is not a use warranting the designated level of review, the use permit application may be processed and acted on by the zoning administrator.

In cases where the zoning administrator takes action on a use permit application that would typically be reviewed and acted on by the planning commission, the planning commission shall be informed of the pending action through receipt of the public hearing notice. The public hearing notice shall indicate that the use permit review is being delegated from the planning commission to the zoning administrator for action, and that a request may be made to refer the matter back to the planning commission for action. Prior to an action by the zoning administrator, a planning commissioner may direct, or a member of the public may request, that the application be referred to the planning commission for a public hearing and action.

(Ord. 1831 § 1 (part), 2004: Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 76, 6-21-2010)

Applications for use permits shall be initiated by submitting the following information to the planning department: a completed application form, signed by the property owner or authorized agent, accompanied by the required fee, and any other information, plans or maps prescribed by the planning director. Application procedures and processing timeframes shall be in accordance with state law and procedural guidelines established by the planning director.

(Ord. 1625 § 1 (part), 1992).

Master use permits may be filed for development where there are multiple uses or tenants on a given site, or for temporary programs which involve multiple sites (rotating programs). Master use permits shall be processed in accord with all of the provisions of Chapter 14.22.

(Ord. 1625 § 1 (part), 1992).

When multiple permit applications are filed for a given development or site (for example, in the case of a development which requires a use permit, environmental and design review permit and a variance) the planning director may schedule combined hearings.

(Ord. 1625 § 1 (part), 1992).

14.22.060 - Public notice and hearing.

A.

Public Hearing. The zoning administrator or planning commission, as the case may be, shall hold a public hearing on an application for a use permit.

B.

Notice of public hearings shall be given consistent with Chapter 14.29, Public Notice.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

In approving a use permit the zoning administrator or planning commission may impose reasonable conditions.

(Ord. 1625 § 1 (part), 1992).

The zoning administrator or planning commission may issue a use permit if the following findings can be made:

A.

That the proposed use is in accord with the general plan, the objectives of the zoning ordinance, and the purposes of the district in which the site is located;

B.

That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city;

C.

That the proposed use complies with each of the applicable provisions of the zoning ordinance.

(Ord. 1625 § 1 (part), 1992).

The zoning administrator or planning commission shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.

(Ord. 1625 § 1 (part), 1992).

No action, inaction or recommendation regarding any development by the zoning administrator or planning commission shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to the notices, including the failure to give any notice required by this section, unless the court after an examination of the entire case, shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission had not occurred or existed. There shall be no presumption that the error or omission is prejudicial or that injury was done if error or omission is shown.

(Ord. 1625 § 1 (part), 1992).

14.22.110 - Appeals.

Appeals of zoning administrator or planning commission use permit determinations shall be filed and processed in accordance with Chapter 14.28, Appeals.

(Ord. 1625 § 1 (part), 1992).

14.22.120 - Effective date of permit.

A use permit shall become effective at the end of the appeal period as specified in Chapter 14.28, Appeals, unless appealed.

(Ord. 1625 § 1 (part), 1992).

Any use permit approval shall run with the land and shall continue to be valid for the time period specified whether or not there is a change of ownership of the site or structure to which it applies.

(Ord. 1625 § 1 (part), 1992).

A use permit may be extended by the zoning administrator if the findings required by Section 14.22.080, Findings, remain valid and application is made prior to expiration.

(Ord. 1625 § 1 (part), 1992).

Requests for changes in the conditions of approval of a use permit, or a change to site plans or operation that would affect a condition of approval, shall be treated as a use permit amendment. Applications for use permit amendments shall be heard and decided by the original hearing body. The planning director may make a determination that a use permit amendment may be heard by the zoning administrator rather than the original hearing body if the director finds that the changes involved are minor, noncontroversial and will not alter the basic function of the approved use. The procedures for filing and processing an application for a use permit amendment shall be the same as those established for an initial or new use permit application.

(Ord. 1625 § 1 (part), 1992).

A use operated in violation of a condition of permit approval or a provision of this title may be revoked, as provided in Chapter 14.30, Enforcement.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 77, 6-21-2010)

If an application for a use permit is denied or revoked, no new application for the same, or substantially the same, use permit shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice.

(Ord. 1625 § 1 (part), 1992).

Use permits are valid for two (2) years unless a different expiration date is stipulated at the time of approval, a building permit has been issued and construction diligently pursued, a certificate of occupancy has been issued, or the permit is renewed or extended. If more than one (1) phase of a development is approved in a single action and the later phases remain outstanding, their approval shall lapse at the end of the authorized time frame.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1996, div. 2(Exh. C, 5.1), 8-6-2021)

Chapter 14.23 - VARIANCES