A. 
In order to give the zoning district use regulations of this title the flexibility necessary to achieve the objectives of the land use code, in certain districts conditional uses are allowed, subject to the granting of a conditional 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 the Land Use Code and with respect to their effects on surrounding properties. In order to achieve these purposes, the zoning administrator and the planning commission are 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.
B. 
A conditional use permit may not include or allow for variances to the regulations prescribed by this title for fences, walls, hedges, screening, landscaping; site area, width, frontage, depth and coverage; front, rear and side yards; basic floor area, usable open space, height of structures, distances between structures; signs; and off-street parking and loading facilities, for which variance procedures exist as prescribed in Article VI of this chapter.
C. 
A "master" conditional use permit may be used to provide for comprehensive review of conceptual development plans which include a mix of conditional and permitted uses. As established in HMC § 20.12.225, a master conditional use permit is required in the North Entry Area Plan Overlay and shall be subject to the procedures and requirements of this chapter as well as HMC § 20.12.230 and § 20.12.235. Applications for approval of a master conditional use permit shall be made pursuant to a form to be prescribed by the planning and building department and shall be processed in accordance with the procedures for a major conditional use permit as set forth in Chapter 20.28 HMC, Article III, General Administrative Procedures.
(Ord. 950 § 2 (Exh. A § 2700), 1998; Ord. 1012 § 2 (Exh. A §§ 1, 3, 4), 2004; Ord. 1116 § 1 (Exh. A § 1), 2012; Ord. 1190 § 13, 2019)
A. 
The following conditionally permitted uses are subject to review and action by the zoning administrator:
1. 
A fence, wall or hedge exceeding the height restriction within any required yard.
2. 
Height exception for chimneys, cupolas, flagpoles, etc.
3. 
Beer and wine sales at existing gas stations.
4. 
Change of occupancy of an existing building within a commercial or industrial zoning district to a conditional use when the conditional use will not alter the existing structure or increase parking demand beyond what is already provided on the site.
B. 
The planning commission shall review and act upon all conditionally permitted uses that are not subject to zoning administrator review.
(Ord. 950 § 2 (Exh. A § 2720), 1998; Ord. 1012 § 2 (Exh. A § 2), 2004; Ord. 1018 § 2 (Exh. A § 2701(b)(5)), 2004; Ord. 1104 § 2 (Exh. A § 15), 2010; Ord. 1116 § 1 (Exh. A § 1), 2012)
A. 
Application for a conditional use permit may be made to the planning and building department on a form prescribed by the department and shall be accompanied by applicable fees as required by resolution of the City Council and all information and materials required by the department, including the following:
1. 
Information that is relevant to the findings required to grant a conditional use permit pursuant to HMC § 20.28.165.
2. 
A complete written description of the proposed use of the property or structures, such as nature of the proposed conditional use, expected days and hours of operations, and expected number of employees and patrons or visitors.
3. 
The following plans or drawings:
a. 
An accurate scale drawing of the site depicting appropriate information, such as existing and proposed locations of streets, property lines, surrounding land uses, trees, structures, driveways, pedestrian walks, off-street parking and loading facilities, and landscaped areas.
b. 
Floor plans, drawn to scale, of buildings and structures to be included as part of the proposed conditional use permit, including any alterations to existing structures.
c. 
Architectural elevations of any new construction proposed as part of the conditional use permit application.
B. 
Additional information may be requested by the planning and building department in order to completely evaluate the proposed conditional use.
C. 
The planning and building director may authorize omission of any or all of the plans and drawings required by this section if they are not necessary to enable the commission to determine whether the proposed use will comply with each of the applicable provisions of this title.
(Ord. 950 § 2 (Exh. A § 2705), 1998; Ord. 1116 § 1 (Exh. A § 1), 2012)
A. 
A public hearing shall be held on a conditional use permit application by the planning commission or zoning administrator, as appropriate.
B. 
Following a public hearing, the planning commission or zoning administrator, as appropriate, may grant an application for a conditional use permit as the conditional use permit was applied for or in modified form, or the application may be denied.
C. 
A conditional use permit may be granted subject to such conditions as the commission or administrator may prescribe as necessary to make the findings required in HMC § 20.28.165. Conditions may include but shall not be limited to special yards, open spaces and buffers, fences and walls, installation and maintenance of landscaping, street dedications and improvements, regulations on the points of vehicular access, on-site traffic circulation, regulation of signs, hours of operations, methods of operation, control of nuisances, maintenance of buildings and grounds, prescriptions of development schedules, and periodic review by the commission or administrator.
(Ord. 950 § 2 (Exh. A §§ 2710, 2715, 2720), 1998; Ord. 1116 § 1 (Exh. A § 1), 2012)
A. 
The zoning administrator and planning commission, as appropriate, shall make the following findings before granting a conditional use permit:
1. 
The proposed location and operation of the conditional use is in accord with the Healdsburg general plan and any applicable planned development, specific or area plan.
2. 
The proposed location and operation of the conditional use is consistent with the applicable development standards of this Land Use Code.
3. 
The proposed location of the conditional use and the conditions under which it would be operated and maintained will not be detrimental to public health and safety or materially injurious to uses, properties or improvements in the vicinity.
B. 
In addition to the findings required by subsection (A) of this section, findings shall be made by the planning commission prior to granting a conditional use permit for any of the uses specified below:
1. 
Residential visitor lodging operations. The findings required by HMC § 20.20.060(C) shall also be made for conditional use permit applications for residential visitor lodging operations.
2. 
Adult businesses. The proposed adult business complies with all locational, development and performance standards contained in HMC § 20.20.085.
3. 
Workforce housing and single room occupancy buildings in the industrial district.
a. 
The construction of proposed housing unit(s) will provide workforce housing for the owners and/or employees of the industrial use(s) proposed for the site.
b. 
The design of the proposed housing unit(s) will be compatible with both on-site and adjacent or surrounding industrial uses, in terms of noise, light and glare impacts.
c. 
Adequate water, sewer and drainage facilities exist to serve both proposed industrial and residential uses.
4. 
Formula retail businesses. The findings required by HMC § 20.20.115 shall also be made for conditional use permit applications for formula retail businesses.
(Ord. 950 § 2 (Exh. A §§ 2725, 2730), 1998; Ord. 1012 § 2 (Exh. A § 6), 2004; Ord. 1018 § 2 (Exh. A § 2730(d)), 2004; Ord. 1116 § 1 (Exh. A § 1), 2012; Ord. 1245 § 11, 2025)
An applicant for a conditional use permit may be allowed to submit a bond, letter of credit, or other forms of financial guarantees in order to ensure that required conditions of approval would be fulfilled prior to issuance of a certificate of occupancy or issuance of other final city approvals. Such bonding shall be approved by the planning and building director for required on-site improvements and the public works director for required off-site improvements with respect to the amount of the bond and the specific bonding or instrument of guarantee.
(Ord. 950 § 2 (Exh. A § 2735), 1998; Ord. 1116 § 1 (Exh. A § 1), 2012)
Within five days following the date of a decision of the planning commission on a conditional use permit application, the secretary shall transmit to the City Council written notice of the decision. A conditional use permit shall become effective 10 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.
(Ord. 950 § 2 (Exh. A § 2740), 1998; Ord. 1012 § 2 (Exh. A § 7), 2004; Ord. 1116 § 1 (Exh. A § 1), 2012)
Appeals of a planning commission or zoning administrator action on a conditional use permit application, revocation or modification shall be handled as specified in HMC § 20.28.085.
(Ord. 950 § 2 (Exh. A § 2745), 1998; Ord. 1116 § 1 (Exh. A § 1), 2012)
The following regulations govern the lapse of a conditional use permit:
A. 
A conditional 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:
1. 
A building permit is issued and the applicant, in good faith, has diligently commenced construction and performed substantial work and incurred substantial liabilities in reliance thereon; or
2. 
A certificate of occupancy is issued for the structure which was the subject of the use permit application; or
3. 
The site is occupied and the activity has commenced, if no building permit or certificate of occupancy is required.
B. 
A maximum of two 12-month extensions of time may be granted by either the planning and building department director or the planning commission, whichever served as the acting authority on the initial conditional use permit application, upon the written request of a responsible party prior to the expiration of the initial term of the approval or the previous extension. If no application for an extension of time is filed prior to the expiration date of the initial term of the approval or the previous extension, the conditional use permit shall lapse as of the expiration date.
In order to grant an extension, it must be found by the acting authority that there has been no change of circumstances that could prevent any of the required findings of approval to be made.
C. 
The zoning administrator or planning commission may grant or deny an application for renewal of a conditional use permit based on the standards and procedures set forth in this article.
(Ord. 950 § 2 (Exh. A § 2750), 1998; Ord. 1012 § 2 (Exh. A § 8), 2004; Ord. 1116 § 1 (Exh. A § 1), 2012; Ord. 1132 § 1, 2014)
The following regulations shall apply to existing conditional uses:
A. 
A conditional use established prior to the enactment of this title shall be permitted to continue; provided, that it is operated and maintained in accord with the conditions prescribed in the conditional use permit, if any.
B. 
Alteration or expansion of a conditional use established prior to enactment of this title shall be permitted only upon the granting of a new or amended conditional use permit as prescribed in this title; provided, that a use permit shall not be required for accessory structures and incidental uses located on the same site as the existing conditional use.
C. 
A conditional use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of this title if the structure is destroyed by fire or other calamity, by act of God, or the public enemy to a greater extent than 50 percent.
D. 
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 and shall be reviewed and approved by the planning and building director.
(Ord. 950 § 2 (Exh. A § 2755), 1998; Ord. 1116 § 1 (Exh. A § 1), 2012)
A. 
The city may conduct an investigation to ensure that the conditionally permitted use is being maintained and operated as applied for in compliance with all conditions.
B. 
Failure to operate in accordance with the conditions of the conditional use permit shall be the subject of an enforcement action and administrative civil penalties as provided for by HMC § 20.04.070 and/or grounds for setting the matter for a public hearing to consider revocation or modification of the permit. The election of administrative civil penalties shall in no way act as a waiver of the revocation of the permit. The city may also pursue any other option permitted by law to require compliance with the conditions of the permit.
C. 
A conditional use permit may be revoked or modified by the review authority that originally approved the permit (e.g., planning and building director, planning commission or City Council).
D. 
If as the result of an investigation it is determined that one or more of the circumstances contained in subsection (E) of this section applies to a conditional use permit granted in accordance with the provisions of this article, the review authority shall hold a public hearing to consider its revocation or modification. Written notice of the date, time, place and purpose of such public hearing shall be served to the following parties, as applicable:
1. 
The owner of the property for which the permit was granted;
2. 
The operator of the conditionally permitted use if the use is active; and
3. 
The party or parties who hold an active business license for the conditionally permitted use.
Such notice shall be provided by registered mail, postage prepaid, return receipt requested, not less than 10 days prior to the date of such hearing. Notice to the owner of the property shall be given at the address as shown on the latest equalized tax assessment roll. Notice to an operator of the conditionally permitted use may be given at the property address of the use. Additional notice shall be given in the manner prescribed in HMC § 20.28.080.
E. 
Following a public hearing, the review authority may revoke or modify the conditional use permit after making one or more of the following findings:
1. 
The permit was approved on the basis of erroneous or misleading information, misrepresentation or fraud.
2. 
One or more conditions of approval have not been completed or have been violated.
3. 
The use approved by the conditional use has been abandoned. For purposes of this section, "abandonment" means:
a. 
Cessation of the use permitted by the permit for a period of six months or more; or
b. 
Institution of a different use that entirely replaces the use that is the subject of the permit.
4. 
The use authorized by the permit is conducted or maintained in a manner that is detrimental to the public health or safety, or constitutes a public nuisance.
5. 
If a business license is required for the conditionally permitted use, an active and current business license has not been issued for the use authorized by the permit.
F. 
The revocation of a conditional use permit shall have the effect of terminating the permit and denying the privileges granted by its approval.
(Ord. 950 § 2 (Exh. A § 2760), 1998; Ord. 1116 § 1 (Exh. A § 1), 2012)
Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for the same or substantially the same conditional use shall be filed on the same or substantially the same site within one year from the date of denial or revocation of the permit.
(Ord. 950 § 2 (Exh. A § 2765), 1998; Ord. 1116 § 1 (Exh. A § 1), 2012)
A conditional use permit granted pursuant to the provisions of this article 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 conditional use permit application.
(Ord. 950 § 2 (Exh. A § 2770), 1998; Ord. 1116 § 1 (Exh. A § 1), 2012)