An interim use is defined as a zoning mechanism that allows a property owner to use their land for a limited period for a land use not otherwise permitted by the underlying zoning. According to Section 17.38.060, required findings must be made to allow for use to be permitted on the subject site with the exception item A. The City shall have complete discretion over the types of uses proposed to be allowed on a subject site and may impose conditions of approval to regulate dates, hours of operation, etc. on the subject site. Interim uses shall only be permitted in Commercial and § 1. Mixed-Use and Employment Zoning Districts.
(Ord. 19-1 § 3; Ord. 24-1, 1/17/2024)
Approval of a Use Permit is required for uses or developments specifically identified in Division II, Zone Regulations, and/or any other section of this title which requires a Use Permit.
(Ord. 19-1 § 3)
A. 
Conditional Use Permits. The Planning Commission shall act as the Review Authority for Conditional Use Permits based on consideration of the requirements of this chapter.
B. 
Minor Use Permits. The Zoning Administrator shall act as the Review Authority for Minor Use Permits based on consideration of the requirements of this chapter. The Zoning Administrator may, at his or her discretion, refer any application for a Minor Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for decision. In that case, the application shall be processed as a Conditional Use Permit.
(Ord. 19-1 § 3)
Applications for Use Permits shall be filed with the Planning Division on the prescribed application forms. In addition to any other application requirements, the application for a Use Permit shall include data or other evidence in support of the applicable findings required by Section 17.38.060, Required Findings.
(Ord. 19-1 § 3)
A. 
Conditional Use Permits. All applications for Conditional Use Permits shall require public notice and hearing before the Planning Commission pursuant to Chapter 17.35, Common Procedures.
B. 
Minor Use Permits. All applications for Minor Use Permits shall require public notice pursuant to Section 17.35.060, Public Notice. A public hearing on a Minor Use Permit shall occur only when a hearing is requested by the applicant or other interested person(s) in writing and received by the Zoning Administrator within 10 days of the mailed notice. In the event a public hearing is requested, the Minor Use Permit shall be scheduled for a hearing before the Zoning Administrator pursuant to Chapter 17.35, Common Procedures.
C. 
All applications for interim uses shall require public notice and hearing before the Planning Commission pursuant to Chapter 17.35, Common Procedures.
(Ord. 19-1 § 3; Ord. 24-1, 1/17/2024)
The Review Authority must make all of the following findings to approve or conditionally approve a Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.
A. 
The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this title and all other titles of the West Sacramento Municipal Code;
B. 
The proposed use is consistent with the General Plan and any applicable specific plan;
C. 
The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;
D. 
The proposed use complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this title;
E. 
The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and
F. 
The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints.
(Ord. 19-1 § 3; Ord. 25-7, 7/16/2025)
In approving a Use Permit, the Review Authority may impose reasonable conditions or restrictions to achieve the following outcomes. The Review Authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
A. 
Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;
B. 
Achieve the general purposes of this title or the specific purpose of the zone in which the project is located;
C. 
Achieve the findings for a Use Permit listed in Section 17.38.060, Required Findings; or
D. 
Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.
(Ord. 19-1 § 3)
A. 
Appeals. Use Permit decisions may be appealed as provided for in Section 17.35.130, Appeals.
B. 
Expiration, Extensions, and Revisions. Use Permit approvals may only be expired, extended, or modified as provided for in Chapter 17.35, Common Procedures.
C. 
The length of time for the interim use shall be determined by the Planning Division with approval by the Planning Commission. The length of time of interim use shall be no more than five years. Upon completion of the interim use period, the use shall cease operation and the site in which the interim use was operating shall be returned to its original condition. If additional time is needed, an interim use extension shall require a new public hearing with the Planning Commission. Only one extension may be granted per use.
(Ord. 19-1 § 3; Ord. 24-1, 1/17/2024)