Woodside Municipal Code § 153.928 Conditions required

In order to give the use regulations the flexibility necessary to achieve the objectives of this title, and to account for the widely varying needs of some uses, in each district certain conditional uses are permitted subject to the granting of a use permit. Conditional uses include various types of community facilities and institutions, public buildings and grounds, public utility structures and installations, and other uses which do not precisely fit into the zoning district classifications. Because of their unusual characteristics, conditional uses require special consideration so that they may be located with respect to the objectives of this chapter and the General Plan and with respect to their effects on surrounding properties. In order to achieve such objectives, the Planning Commission is empowered to grant or to deny applications for use permits for such conditional uses and to impose reasonable conditions upon the granting of use permits.

(1975 Code, § 9-2.1001) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

(A) Applications for use permits shall be filed with the Planning Director on the prescribed form and shall include the following:

(1) The name and address of the applicant;

(2) A statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located, except that a public utility subject to regulation by the Public Utilities Commission of the state need not comply with this requirement;

(3) The address or description of the property;

(4) A statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a use permit;

(5) An accurate site plan, at an appropriate scale to the site, including any affected property within 300 feet of the property which is the subject of the application, indicating the following: contours at intervals not to exceed five feet; station elevations or the source of information; existing and proposed buildings and structures, walks, trails, roads, driveways, parking, loading facilities and other paved areas, existing and proposed easements, sign locations, landscaping, trees, streams and other natural features, drainage, and sewage facilities;

(6) Accurate floor plans and exterior elevations of buildings and structures which are the subject of the application at a scale of not less than ⅛-inch equals one foot; and

(7) Any other data the Planning Director may require for a complete and adequate review by the Planning Commission. The Planning Director may waive any of the requirements set forth in this section when, in his/her opinion, they would not assist the staff or Planning Commission in evaluating the application.

(B) The application shall be accompanied by the required fee.

(1975 Code, § 9-2.1002) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

The Planning Director, after determining that the application is complete, shall make an investigation of the application and shall prepare a written report which shall be submitted to the Planning Commission and made available to the applicant prior to the public hearing.

(1975 Code, § 9-2.1003) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

The Planning Director may refer the application to the Architectural and Site Review Board or other boards, committees, or Town officers for review and comment.

(1975 Code, § 9-2.1004) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

The Planning Commission shall hold at least one public hearing on each application for the approval, revocation, or modification for a use permit. The hearing shall be set and notice given as prescribed in Section 153.963 of this chapter. At the public hearing the Planning Commission shall review the application and the drawings and other documents submitted and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 153.927 of this subchapter.

(1975 Code, § 9-2.1005) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

The Planning Commission may approve an application for a use permit as it was applied for or may approve the application with modifications if, on the basis of the application and evidence submitted, the Planning Commission makes all of the findings prescribed in Section 153.927 of this subchapter.

(1975 Code, § 9-2.1006) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

(A) After a public hearing, the Planning Commission may authorize a conditional use in any zoning district in which such use is permitted by the provisions of this chapter provided the facts presented at the public hearing allow the Planning Commission to make all of the following findings:

(1) That the proposed use at such location is necessary or desirable to provide a facility or service which will contribute to the general well-being of the neighborhood or community or which needs to be located where proposed due to the operating requirements of a public utility or service;

(2) That the proposed use at the particular location will be consistent with the intent, purpose, and objectives of this chapter and the General Plan;

(3) That the proposed use in such location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of such use or be injurious to property or improvements in the vicinity;

(4) That the site for the proposed use is adequate in size, shape, and topography to accommodate the proposed use;

(5) That the site for the proposed use can be served by roads of adequate width and design to accommodate the quantity and type of traffic generated by such use; and

(6) That adequate utilities and other services required for such use exist or can be provided.

(B) If the facts do not establish that the proposed use meets the findings and qualifications set forth in this section, the Planning Commission shall deny the application for a conditional use.

(1975 Code, § 9-2.1007) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

(A) When authorizing any use permit, the Planning Commission shall prescribe such conditions, in addition to those specifically required by this chapter, as are, in the opinion of the Planning Commission, necessary to secure the objectives of this chapter and the General Plan. Special conditions which may be required shall include, but not be limited to, the provision of special setbacks and open spaces, the provision of landscaping and fencing, the surfacing of parking areas, the dedication of easements, and the regulation of signs, noise, odors, hours of operation, and other appropriate elements.

(B) The Planning Commission may also require the applicant or the property owner to provide such guarantees as the Planning Commission deems necessary to ensure compliance with the conditions imposed.

(C) The Planning Commission may also impose a time limitation and/or periodic review requirement for any use permit.

(1975 Code, § 9-2.1008) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

The Planning Commission, after giving notice in the same manner and to the same persons as required by Section 153.963 of this chapter, on its own initiative or upon the request of the Planning Director, may conduct a public hearing in which the Planning Commission may revoke a use permit for any of the following reasons:

(A) That the approval of the permit was based on false information submitted by the applicant; or

(B) That the permit is being exercised contrary to the terms or conditions of approval or in violation of the provisions of this chapter and/or the policies of the General Plan.

(1975 Code, § 9-2.1010) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year after the date of the denial or revocation of the use permit, unless the denial or revocation is made without prejudice.

(1975 Code, § 9-2.1011) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)