In order to give the district use
regulations the flexibility necessary to achieve the objectives of
this chapter, in certain districts conditional uses are permitted,
subject to the granting of a use permit. Because of their unusual
characteristics, conditional uses require special consideration so
that they may be located properly with respect to the objectives of
this title, and with respect to their effects on surrounding properties.
In order to achieve these purposes, the planning commission is empowered
to grant and to deny applications for use permits for such conditional
uses in such districts as are prescribed in the district regulations
and to impose reasonable conditions upon the granting of use permits,
subject to the right of appeal to the city council or to review by
the council.
(Prior code § 2-11.03)
Application for a use permit shall
be filed with the zoning administrator on a form prescribed by the
city planning commission and shall include the following data and
maps:
A.
Name and address of the applicant;
B.
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;
C.
Address or description of the property;
D.
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, prescribed in Section 18.124.070 of this article;
E.
An accurate scale drawing of the site and
the surrounding area showing existing streets and property lines for
a distance from each boundary of the site determined by the zoning
administrator to be necessary to illustrate the relationship to and
impact on the surrounding area;
F.
An accurate scale drawing of the site showing
the contours at intervals of not more than five feet and existing
and proposed locations of streets, property lines, uses, structures,
driveways, pedestrian walks, off-street parking and off-street loading
facilities, landscaped areas, trees, fences, and walls;
H.
The zoning administrator may require additional
information, plans and drawings if they are necessary to enable the
commission to determine whether the proposed use will comply with
all of the applicable provisions of this chapter. The zoning administrator
may authorize omission of any or all of the plans and drawings required
by this section if they are not necessary.
(Prior code § 2-11.04(1); Ord. 2155 § 3, 2017)
The application shall be accompanied
by a fee established by resolution of the city council to cover the
cost of handling the application as prescribed in this chapter, except
that there shall be no fee for application for a conditional use in
an S district.
(Prior code § 2-11.04(2))
The planning commission shall hold at least one public hearing on each application for a use permit. The hearing shall be set and notice shall be given as prescribed in Section 18.12.040 of this title. At the public hearing the commission shall review the application and the drawings submitted therewith 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 18.124.070 of this article.
(Prior code § 2-11.05; Ord. 1812, 2000)
The zoning administrator shall make
an investigation of the application and shall prepare a report thereon
which shall be submitted to the city planning commission and made
available to the applicant prior to the public hearing.
(Prior code § 2-11.06)
Within 40 days following the closing of a public hearing on a use permit application, the city planning commission shall act on the application. The commission may grant by resolution an application for a use permit as the use permit was applied for or in modified form, or the application may be denied. A use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. Conditions may include, but shall not be limited to, requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulation of points of vehicular ingress and egress; regulation of traffic circulation; regulation of signs; regulation of hours of operation and methods of operation; control of potential nuisances; prescribing standards for maintenance of buildings and grounds; and prescription of development schedules. A use permit may not grant variances to the regulations prescribed by this chapter for fences, walls, hedges, screening, and landscaping; site area, width, frontage, and depth; front, rear, and side yards; basic floor area; height of structures; distances between structures; courts, usable open space; signs; or off-street parking facilities and off-street loading facilities, for which variance procedures are prescribed by Chapter 18.132 of this title.
(Prior code § 2-11.07)
The city planning commission shall
make the following findings before granting a use permit:
A.
That the proposed location of the conditional
use is in accordance with the objectives of the zoning ordinance and
the purposes of the district in which the site is located;
B.
That the proposed location of the conditional
use and the conditions under which it would be operated or maintained
will not be detrimental to the public health, safety or welfare, or
materially injurious to the properties or improvements in the vicinity;
C.
That the proposed conditional use will
comply with each of the applicable provisions of this chapter.
(Prior code § 2-11.08; Ord. 2165 §1, 2017)
Within 10 days following the date
of a decision of the planning commission on a use permit application,
the secretary shall transmit written notice of the decision to the
city council and to the applicant. A use permit shall become effective
15 days following the date on which the use permit was granted or
on the day following the next meeting of the council, whichever is
later, unless an appeal has been taken to the council, or unless the
council shall elect to review the decision of the commission. A use
permit shall become effective immediately after it is granted by the
council.
(Prior code § 2-11.09)
The city council may elect to review a decision of the planning commission as prescribed in Section 18.144.010 of this title, or a decision of the commission may be appealed to the city council by the applicant or by any other person as prescribed in Section 18.144.020 of this title. An appeal shall be heard and acted upon as prescribed in Sections 18.144.030 and 18.144.040 of this title.
(Prior code § 2-11.10)
A.
A use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no building permit or certificate of occupancy is required, or the applicant or his or her successor has filed a request for extension with the zoning administrator pursuant to the provisions of Section 18.12.030.
B.
A use permit shall lapse and become void
if the use is abandoned or discontinued for a continuous period of
one year or more. Abandonment or discontinuance shall include cessation
of a use regardless of intent to resume the use. Indicia of abandonment
or discontinuance may include, but not be limited to, lack of business
license, no utility service, etc.
1.
A property owner or tenant (the "applicant")
seeking to operate pursuant to a use permit that has lapsed for twenty-four
months or less may make a written application to the zoning administrator
for relief of this lapse provision by: paying the conditional use
permit application fee; and demonstrating that:
a.
The use will be operated in a substantially
similar manner as provided in the use permit and historic operations;
b.
There has been no change in circumstances
under which the use would operate that would create new or increased
impacts to nearby uses and persons;
c.
The property owner or tenant have
been taking reasonable efforts to reestablish the use but have been
unable to do so due to circumstances beyond their control or other
good cause; and
2.
The zoning administrator may require
that the applicant provide supplemental information.
3.
After receipt of a complete application,
the zoning administrator will issue a written decision within 30 days.
A summary of the decision will be mailed to the owners and tenants
of property within 300 feet of the site.
(Prior code § 2-11.11; Ord. 2120 § 1, 2015; Ord. 2192 § 2, 2019)
A.
A conditional use legally established prior
to the effective date of the ordinance codified in this chapter, or
subsequent amendments thereto, shall be permitted to continue, provided
that it is operated and maintained in accord with the conditions prescribed
at the time of its establishment, if any.
B.
Alteration or expansion of a preexisting
conditional use shall be permitted only upon the granting of a use
permit as prescribed in this chapter, provided that alterations not
exceeding $1,500.00 in value as determined by the building inspector
shall be permitted without the granting of a use permit.
C.
A use permit shall be required for the
reconstruction of a structure housing a preexisting conditional use
if the structure is destroyed by fire or other calamity, by act of
God, or by the public enemy to a greater extent than 50 percent. The
extent of damage or partial destruction shall be based upon the ratio
of the estimated cost of restoring the structure to its condition
prior to such damage or partial destruction to the estimated cost
of duplicating the entire structure as it existed prior thereto. Estimates
for this purpose shall be made by or shall be reviewed and approved
by the community development director.
D.
Preexisting conditional uses described
in this section are subject to the lapse provisions in Section 18.124.100.B.
(Prior code § 2-11.12; Ord. 2000 § 1, 2009; Ord. 2120 § 1, 2015)
A.
Sections 18.124.020 through 18.124.090 of this chapter shall apply to an application for modification, expansion, or other change in a conditional use, provided that minor revisions or modifications may be approved by the zoning administrator if he or she determines that the changes would not affect the findings prescribed in Section 18.124.070 related to findings. If requested by the applicant, the zoning administrator shall modify all existing conditional use permits for bars which are: (1) in the downtown hospitality central core area and downtown hospitality transition area; and (2) which are proposed to be consistent with the downtown hospitality guidelines, as determined by the zoning administrator.
B.
For a bar or special downtown accessory
entertainment use in the downtown hospitality central core and downtown
hospitality transition area, if requested by the applicant, the zoning
administrator shall modify all applicable sections of an existing
conditional use permit related to subsequent planning commission review
to include and be consistent with the following: notification of conditional
use permit and noise standard violations verified by city enforcement
staff shall be provided to the planning commission by city staff;
the planning commission may schedule a public hearing to re-review
the conditional use permit; and at the public hearing the planning
commission may revoke or may modify a business' conditional use permit
to require additional measures such as noise monitoring by the business
owner if there was a noise violation.
C.
If the zoning administrator approves a
modification of a conditional use permit for a bar in the downtown
hospitality central core area or downtown hospitality transition area,
he or she shall notify the planning commission and city council of
the modification within 10 days of the approval.
(Prior code § 2-11.13; Ord. 2055 § 2, 2012)
Upon violation of any applicable provision of this chapter, or, if granted subject to conditions, upon failure to comply with conditions, a use permit shall be subject to suspension or revocation. The planning commission shall hold a public hearing within a reasonable time to consider such suspension or revocation in accord with the procedure prescribed in Section 18.124.040, and if not satisfied that the regulation, general provision or condition is being complied with, may suspend or revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. Within 10 days following the date of a decision of the commission suspending or revoking a use permit, the secretary shall transmit to the city council written notice of the decision. The decision shall become final 15 days following the date on which the use permit was suspended or revoked or on the day following the next meeting of the council, whichever is later, unless an appeal has been taken to the council, or unless the council shall elect to review and decline to affirm the decision of the commission, in which cases Section 18.124.090 shall apply.
(Prior code § 2-11.14; Ord. 2065 § 1, 2013)
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 from the date of denial or revocation of the use permit.
(Prior code § 2-11.15)
A use permit granted pursuant to
the provisions of this chapter shall run with the land and shall continue
to be valid upon a change of ownership of the site or structure which
was the subject of the use permit application.
(Prior code § 2-11.16)
Application for a use permit may
be made at the same time as application for a change in district boundaries
including the same property, in which case the planning commission
shall hold the public hearing on the zoning reclassification and the
use permit at the same meeting and may combine the two hearings. For
the purposes of this section, the date of the commission decision
on the use permit application shall be deemed to be the same as the
date of enactment by the city council of an ordinance changing the
district boundaries, provided that if the council modifies a recommendation
of the commission on a zoning reclassification, the use permit application
shall be reconsidered by the commission in the same manner as a new
application.
(Prior code § 2-11.17)
Use permits for specified temporary conditional uses may be granted by the zoning administrator provided that the findings required by Section 18.124.070 shall be made. No public hearing shall be held unless the zoning administrator shall request a hearing. A permit for a temporary use shall authorize conduct of the use for a specified term as determined by the zoning administrator, provided that a permit for a subdivision sales office, reverse vending machines or other small recycling collection facilities, or a temporary construction yard or office may be for a period not to exceed one year. A decision of the zoning administrator on a temporary conditional use shall be subject to appeal as prescribed in Section 18.144.050 relating to administrative appeal procedure.
(Prior code § 2-11.18; Ord. 2065 § 1, 2013; Ord. 2155 § 3, 2017)
A.
Reverse vending machines and other small
recycling collection facilities may be allowed in the zoning districts
shown in Table 9.22.030 (Permits Required for Recycling Facilities
by Zoning District) of this code upon the granting of a conditional
use permit pursuant to the following requirements:
1.
Application to install a reverse vending machine(s) or a small collection facility shall be made with the zoning administrator, including any fee established heretofore, and shall include a site plan, elevations and such other information as established in Section 9.22.060 (Criteria And Design Standards) of this code and determined as necessary by the zoning administrator to enable the application to be reviewed.
2.
The zoning administrator will review the application for conformance with Section 9.22.060 of this code and may approve, conditionally approve or deny the application. No application shall be approved, as applied for or conditioned, unless the zoning administrator finds that:
a.
The proposed location of the conditional
use is in accordance with the objectives of the zoning ordinance and
the purposes of the district in which the site is located;
b.
The proposed location of the conditional
use and the conditions under which it would be operated or maintained
will not be detrimental to the public health, safety or welfare, or
materially injurious to the properties or improvements in the vicinity;
and
c.
That the proposed conditional use
will comply with each of the applicable provisions of this chapter.
3.
Temporary conditional use permits for reverse vending machines or other small recycling collection facilities are valid for a period of 12 months from the date of approval and may be renewed prior to expiration upon the submittal of a new application and fee to the zoning administrator, who will review the application for continuing compliance with the purposes of this chapter and of Chapter 9.22 (Recycling) of this code.
(Ord. 1354 §
8, 1988; Ord. 2155 § 3, 2017)
All conditional uses shall be subject to design review as prescribed in Chapter 18.20 of this title. Applicants are advised to confer with the zoning administrator before preparing detailed plans.
(Prior code § 2-11.19)
