(a) 
Required. No conditional use shall be located in any district unless and until a conditional use permit is granted in accordance with the procedure set forth in this article.
(b) 
Purpose. The purpose of a conditional use permit is to evaluate the site features, operating characteristics, and design of a proposed use to ensure compatibility with other uses in the general area.
(1207-CS, Rep&ReEn, 05/28/2015)
(a) 
Actions by planning commission. All actions of the Planning Commission relating to findings and recommendations shall be in accordance with the provisions of this article.
(b) 
Residential permits. The Planning Commission shall authorize the granting of the conditional use permit for a residential use if it makes all of the findings listed below; provided, however, that upon certification and adoption of the 2031 Housing Element (6th Cycle), such findings shall be amended as necessary to achieve consistency with the certified Housing Element. The findings are:
(1) 
That the site for the proposed use is adequate in size and shape to accommodate such uses, all yards, open spaces, wall, fences, parking, loading, landscaping, and other features required by the Municipal Code, or the Planning Commission to make sure such use is compatible with the land and uses in the vicinity;
(2) 
That the site for the proposed use is related properly to streets and highways to carry the quantity and kind of traffic generated by the proposed use;
(3) 
That the proposed use will not adversely affect the abutting property or the permitted use thereof with the provisions of conditions; and
(4) 
That the site for the proposed use is in conformance with the General Plan.
(c) 
Non-residential permits. The Planning Commission shall authorize the granting of the conditional use permit for a non-residential use if it makes all of the following findings:
(1) 
That the site for the proposed use is adequate in size and shape to accommodate such use or uses and is otherwise physically suitable for the type and intensity of the proposed development; and is adequate to accommodate all yards, open spaces, walls, fences, parking, loading, landscaping, and other features required by the Municipal Code, or as additionally required by the Planning Commission, to ensure such use is compatible with the land and uses in the vicinity;
(2) 
That the proposed use will not adversely affect adjacent structures and uses or adversely affect structures or uses in the neighborhood;
(3) 
That the site for the proposed use is related properly to streets and highways and can carry the quantity and kind of traffic generated by the proposed use and that the proposed use will not adversely affect the circulation and flow of vehicular and pedestrian traffic in the immediate area;
(4) 
That the proposed site and use have adequate utilities, including without limitation, sanitation, wastewater service, water supply, drainage, and other utilities, and adequate facilities for all of these;
(5) 
That the proposed use will not create a demand for additional parking which cannot be met safely and efficiently on the site;
(6) 
That the proposed use will not be detrimental to the public health, safety, or welfare of adjacent residents, employees, businesses, properties, the neighborhood, and the community;
(7) 
That the proposed use will not otherwise constitute a nuisance to adjacent residents, employees, businesses, properties, the neighborhood, or the community; and
(8) 
That the site for the proposed use and the proposed use are in conformance with the General Plan, any Specific Plan or Master Plan, any other applicable plan adopted by the City, and this title.
(1207-CS, Rep&ReEn, 05/28/2015; 1343-CS, Amended, 4/9/2026)
(a) 
Imposition of conditions. In authorizing a conditional use permit, the Planning Commission may require that the use conform with the site plan, architectural drawings, or statements submitted in support of the application necessary to protect the public health, safety, and general welfare and secure the objectives of the General Plan. The Commission may also impose such other conditions necessary to achieve these purposes, including, but not limited to, the following:
(1) 
Special yards, open spaces, and buffers;
(2) 
Fences and walls;
(3) 
The provision and surfacing of parking areas;
(4) 
Street dedications and improvements, including the provision of service roads or alleys where practical and necessary;
(5) 
The regulation of points of vehicular ingress and egress;
(6) 
The regulation of signs;
(7) 
Landscaping and the maintenance;
(8) 
The maintenance of the grounds;
(9) 
The control of noise, vibration, odors, and other potentially dangerous and objectionable elements;
(10) 
Limits on the time for conducting certain activities;
(11) 
The time period within which the proposed use shall be developed; and
(12) 
Any other conditions that will promote the development of the City in an orderly and efficient manner and in conformity with the intent and purpose set forth in this article and the General Plan.
(b) 
Guarantees of compliance with conditions. The Planning Commission may require reasonable guarantees that such conditions will be complied with.
(c) 
Yard, height, and area requirements. Unless otherwise approved by resolution, the provisions for required front, rear, and side yards and the requirements for height and area applicable to the specific district shall prevail.
(d) 
Off-street parking and loading requirements. The provision of off-street parking and loading applicable to the particular use shall prevail unless otherwise approved by resolution.
(1207-CS, Rep&ReEn, 05/28/2015)
If the Planning Commission is cannot make, based on the record, the findings required by TMC § 9-5-604, the Planning Commission shall deny the conditional use permit application.
(1207-CS, Rep&ReEn, 05/28/2015; 1343-CS, Amended, 4/9/2026)
Immediately following the Planning Commission approval of a conditional use permit application, the Secretary of the Planning Commission shall cause a formal conditional use permit to be issued to the applicant.
(1207-CS, Rep&ReEn, 05/28/2015)
The Planning Commission may establish a time limit for development of the subject property and use. The time limit set by the Planning Commission shall be reasonable, based upon the size and nature of the proposed development. Such time limit may be extended by the Planning Commission for good cause when the applicant presents proof of an unusual condition not of his own making.
(1207-CS, Rep&ReEn, 05/28/2015)
If no specific time is specified, any permit granted by the Planning Commission or Council shall become null and void within one (1) year after the effective date of such permit. The permits shall not become null and void if:
(a) 
The use has commenced; or
(b) 
A building permit has been issued for the project by the Building Inspector and construction has begun with continuous progress toward completion maintained; or
(c) 
A certificate of occupancy has been issued by the Building Inspector for the use or structure.
(1207-CS, Rep&ReEn, 05/28/2015)
If an application for renewal is filed prior to expiration, a conditional use permit may be renewed for an additional one year period. The acting agency may grant or deny an application for renewal in the same manner as set forth for the original application. A conditional use permit that has been abandoned pursuant to TMC § 9-5-611.5 shall not be eligible for renewal.
(1207-CS, Rep&ReEn, 05/28/2015; 1343-CS, Amended, 4/9/2026)
(a) 
Discontinuance of use. Where a conditional use authorized by a valid conditional use permit has been discontinued for a continuous period of nine months after the use has commenced, the conditional use permit may be subject to abandonment pursuant to this section.
(b) 
No automatic termination. Discontinuance of a conditional use shall not automatically terminate a conditional use permit. A conditional use permit shall remain valid unless and until abandonment is determined in accordance with this section.
(c) 
Initiation of abandonment review. Upon a determination by the Director that a conditional use appears to have been discontinued for the period specified in subsection (a) of this section, the Director shall provide written notice to the permit holder and the property owner of record stating that the City intends to consider whether the conditional use permit has been abandoned.
(d) 
Notice and hearing. Abandonment of a conditional use permit shall be determined only after a noticed public hearing before the Planning Commission, conducted in the same manner as hearings for the original conditional use permit.
(e) 
Findings required. The Planning Commission may determine that a conditional use permit has been abandoned only if it finds, based on substantial evidence in the record, that:
(1) 
The conditional use was lawfully commenced;
(2) 
The conditional use has been discontinued for a continuous period of nine months; and
(3) 
The discontinuance was not temporary in nature and was not caused by circumstances beyond the reasonable control of the permit holder.
(f) 
Effect of abandonment. Upon a determination of abandonment, the conditional use permit shall be deemed terminated and void. Any subsequent use of the property shall require a new conditional use permit or other applicable land use entitlement.
(g) 
Appeal. A determination of abandonment may be appealed in the same manner as other Planning Commission decisions under this title.
(h) 
Recordation of termination. Upon expiration, revocation, or a final determination of abandonment of a conditional use permit, the Director is authorized to record a notice or certificate of termination of the conditional use permit with the County Recorder. The notice or certificate shall identify the permit, the property, and the basis for termination and shall be for informational purposes only. Failure to record such notice shall not affect the validity of the termination.
(i) 
Extension of discontinuance period. Prior to the expiration of the nine month discontinuance period described in subsection (a) of this section, the permit holder may request a one-time extension of up to nine additional months. The Planning Commission may grant such extension upon a finding that the discontinuance is temporary in nature and that reasonable efforts are being made to reestablish the approved conditional use.
(j) 
Tolling during permitted construction. The discontinuance period described in this section shall be tolled during any period in which the conditional use is unable to operate due to active construction or remodeling conducted pursuant to a valid building permit or other City approval, provided that work is proceeding with reasonable diligence.
(1343-CS, Amended, 4/9/2026)
Following the denial or revocation of a conditional use permit, an application for the same, or similar use on the same site, shall not be accepted for submittal to the Planning Commission within a one (1) year period after the date of denial or revocation.
(1207-CS, Rep&ReEn, 05/28/2015)
The Planning Commission shall have the authority to investigate and hear an application for variance from the provisions of this article when a practical difficulty, unnecessary hardship, or inconsistent result is alleged due to the strict and literal interpretation of this article. Upon hearing the application, the Planning Commission may grant, conditionally grant, or deny the following applications for variance:
(a) 
To vary any of the requirements of this article in the case of a parcel which is exceptionally narrow, shallow, of unusual shape, unusual topographic conditions, or due to other exceptional existing conditions that limit the practical use of the parcel; and
(b) 
To permit modifications of the requirements of this article for the practical use of a parcel where a legal nonconforming use or structure exists.
(1207-CS, Rep&ReEn, 05/28/2015)
All actions of the Planning Commission relating to findings and recommendations shall be in accordance with the provisions of this article. The Planning Commission shall grant, or conditionally grant, the requested variance upon determining at the public hearing that the following findings are established beyond reasonable doubt:
(a) 
That there are exceptional or extraordinary circumstances or conditions applying to the property or the intended use, which do not apply to other properties or uses in the same district;
(b) 
That, due to these exceptional or extraordinary circumstances, the literal enforcement of the provisions of this article would result in a practical difficulty or unnecessary hardship;
(c) 
That a variance is necessary for the preservation of a substantial property right possessed by other properties in the same district;
(d) 
That the granting of a variance will not be materially detrimental to the public welfare, injurious to property or improvements in the vicinity or district where the property is located;
(e) 
That granting a variance will not constitute a special privilege inconsistent with the limitations on other properties classified in the same zoning district; and
(f) 
That granting a variance will be in harmony with the general purpose and intent of the provisions of this article and the General Plan.
(1207-CS, Rep&ReEn, 05/28/2015)
(a) 
Imposition of conditions. In granting a variance, the Planning Commission may require that the use conform to the site plan, architectural drawings, or statements submitted in support of the application as necessary to protect the public health, safety, and general welfare and secure the objectives of this article and the General Plan. The Commission may also impose other conditions necessary to achieve such purposes as:
(1) 
Special yards, open spaces, and buffers;
(2) 
Fences and walls;
(3) 
The provision and surfacing of parking areas;
(4) 
Street dedications and improvements, including the provision of service roads or alleys where practical and necessary;
(5) 
The regulation of vehicular ingress, egress, and circulation;
(6) 
The regulation of signs;
(7) 
The provision and maintenance of landscaping;
(8) 
Maintenance of grounds;
(9) 
The control of noise, vibration, odors;
(10) 
Limits on the time for conducting certain activities;
(11) 
The time period within which the proposed use shall be developed; and
(12) 
Any other conditions that will promote the development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this article and the General Plan.
(b) 
Guarantees of compliance with conditions. The Planning Commission may require reasonable guarantees that these conditions will be complied with.
(1207-CS, Rep&ReEn, 05/28/2015)
If, because of the size or character of the site, its location, or its relationship to adjoining parcels and uses, the Planning Commission is unable to make the findings set forth in TMC 9-5-616, the Planning Commission shall disapprove the granting of the variance.
(1207-CS, Rep&ReEn, 05/28/2015)
Immediately following the approval of a variance application, the Secretary of the Planning Commission shall cause a certificate of variance to be issued to the applicant.
(1207-CS, Rep&ReEn, 05/28/2015)
The variance shall become effective on the eleventh day after the copy of the resolution granting the variance is filed with the City Clerk, unless appealed on or before the tenth day.
(1207-CS, Rep&ReEn, 05/28/2015)
The Planning Commission may establish a time limit for development of the subject property and use. The time limit set by the Planning Commission shall be reasonable, based upon the size and nature of the proposed development. Such time limit may be extended by the Planning Commission for good cause when the applicant presents proof of unusual conditions not of his own making.
(1207-CS, Rep&ReEn, 05/28/2015)
If no time limit is specified, the granted variance shall become null and void within one hundred eighty (180) days following the effective date unless:
(a) 
The use has commenced; or
(b) 
A building permit has been issued for the project by the Building Inspector and construction has begun toward completion with continuous progress maintained; or
(c) 
A certificate of occupancy has been issued by the Building Inspector for the use or structure.
(1207-CS, Rep&ReEn, 05/28/2015)
If an application for renewal is filed prior to the expiration, a variance may be renewed for an additional period of one hundred eighty (180) days. The Planning Commission may grant or deny an application for the renewal of a variance.
(1207-CS, Rep&ReEn, 05/28/2015)
Following the denial or revocation of a variance, an application for the same, or similar request on the site, shall not be filed within one (1) year from the date of denial or revocation of a variance.
(1207-CS, Rep&ReEn, 05/28/2015)