Chapter 18.73 — USE PERMITS

A.

The purpose of the conditional use permit is to ensure the proper integration of uses, which because of their special nature and/or potential for becoming a nuisance may be suitable only in certain locations or zoning districts and then only when such uses can be controlled or designed in a particular manner. Conditional uses often involve such factors as noise, dust, dirt, litter, fumes, odors, vibrations, or pedestrian or traffic congestion and/or safety, and other potential problems or hazards of various kinds.

(Ord. No. 743, § 3, 3-21-2017)

Uses set forth in this title as conditional uses, including all matters relating to their establishment, operation, and maintenance are determined to be of such nature and character as to preclude listing them as permitted uses in any district without special review. The special review shall be for the purpose of determining whether each proposed conditional use is, and will continue to be compatible with surrounding existing and planned uses and whether the conditional use will conform in all respects to the requirements under this Code, and for the further purpose of establishing such special conditions as may be necessary to ensure the harmonious integration and continued compatibility of the use in its immediate neighborhood and within the surrounding area.

(Ord. No. 743, § 3, 3-21-2017)

Use permit, revocable, conditional, or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this title. Granting of a use permit does not exempt the applicant from complying with applicable requirements of building codes and other ordinances.

(Ord. No. 743, § 3, 3-21-2017)

Application for use permit shall be made in writing on a form prescribed by the development services director and shall be accompanied by plans and elevations, site plans and/or data necessary to show that conditions set forth in Sections 18.73.060 through 18.73.540 are fulfilled as required by the development services director. Such application shall be accompanied by a fee as provided by resolution of the city council.

(Ord. No. 743, § 3, 3-21-2017)

Public hearings before the planning commission shall provide public notice of the use permit application in question at least ten calendar days in advance of the planning commission meeting.

(Ord. No. 743, § 3, 3-21-2017)

The city council is aware that from time to time persons in possession of property desire to use property for purposes which are not specifically provided for in this title. In order to carry out the intent of this chapter and to promote the general welfare of the community, the city council authorizes the granting authority to grant use permits for uses which are not provided for in this chapter subject to the following:

A.

A finding by the granting authority that the use is substantially similar in characteristics, intensity and compatibility to a use or uses within the zoning classification applicable to the property,

B.

A finding by the granting authority that the use would be appropriate in the zoning classification applicable to the property as permitted or conditional use. Each such use shall conform to all regulations and conditions of approval applicable to similar described uses specified in the provisions of the applicable zone, as well as the standards and provisions applicable to the similar uses in this title.

(Ord. No. 743, § 3, 3-21-2017)

The granting authority may grant a use permit upon the finding that the requirements set forth in Sections 18.73.060 through 18.73.070 are fulfilled, provided the commission may stipulate additional conditions and guarantees that such conditions will be complied with when, in the public interest, such additional conditions and guarantees may be deemed to be necessary.

(Ord. No. 743, § 3, 3-21-2017)

In granting a use permit, the planning commission shall find the following general conditions to be fulfilled:

A.

That the establishment, maintenance or operation of a use or building applied for are in conformity to the general plan for the city with regard to circulation, population densities and distribution, design, and/or other aspects of the general plan considered by the development services director to be pertinent;

B.

That adequate utilities, access roads, pedestrian and bicycle access, drainage, parking, and/or other necessary facilities have been or are being provided;

C.

That the applicant exhibits proof that such use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in or passing through the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city, provided that if any proposed building or use is necessary for the public health, safety or general welfare, the finding shall be to that effect.

D.

That the proposed use conforms with all relevant federal, state, and local laws and regulations.

(Ord. No. 743, § 3, 3-21-2017)

18.73.090 - Revocation through noncompliance, lapse in use.

Under the following circumstances a use permit may be revoked, modified, or extended by the planning commission:

A.

In the case where the conditions of a use permit have not been or are not being complied with,

B.

In the case where the use permit has been exercised and that use has ceased or been discontinued for a consecutive period of 12 months.

C.

Prior to consideration by the planning commission, the item shall be set for public hearing in the manner prescribed by law.

(Ord. No. 743, § 3, 3-21-2017)

Appeal from the action of the development services director and/or planning commission may be made according to Chapter 18.84, Appeals.

(Ord. No. 743, § 3, 3-21-2017)

A temporary use permit authorizing certain temporary use classifications shall be subject to the following provisions:

A.

Application and Fee. A completed application form and the required fee shall be submitted to the development services director. The development services director may request any other plans and materials necessary to assess the potential impacts of the proposed temporary use.

B.

Duties of the Community Development Director. The development services director shall approve, approve with conditions or deny an application within five working days of submittal of a complete application. No notice or public hearing shall be required.

C.

Required Findings. The application shall be approved as submitted or in modified form if the development services director finds:

1.

That the proposed temporary use will be located, operated, and maintained in a manner consistent with the policies of the general plan and the provisions of this title; and

2.

That approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

D.

Conditions of Approval. In approving a temporary use permit, the development services director may impose reasonable conditions necessary to:

1.

Achieve the general purposes of this title and the specific purposes of the zoning district in which the temporary use will be located;

2.

Protect the public health, safety, and general welfare; and

3.

Ensure operation and maintenance of the temporary use in a manner compatible with existing uses on adjoining properties and in the surrounding area.

E.

Effective Date—Duration—Appeals. An approved temporary use permit shall be effective on the date of its approval; a disapproved permit may be appealed by the applicant, as provided in Chapter 18.84, Appeals. The permit shall be valid for a specified time period not to exceed 45 days. A temporary use permit shall lapse if not used within the dates approved and may be revoked by the development services director effective immediately upon verbal or written notice for violation of the terms of the permit or the conditions specified in this section. The development services director may approve changes in a temporary use permit. The total time allowed for all such uses shall not exceed 45 days unless an extension is granted by the planning commission.

(Ord. No. 743, § 3, 3-21-2017)

Chapter 18.74 - ZONING OCCUPANCY CERTIFICATES

18.74.010 - Required.

Zoning occupancy certificates shall be required for the use of vacant land, for a change in the character of the use of land or for the occupancy or change of occupancy of any building, within any district established by this title, except that residential buildings or the use of land for agriculture shall not require a zoning occupancy certificate.

(Ord. No. 743, § 3, 3-21-2017)