A. 
Purpose. Use Permits provide a process for reviewing uses and activities that may be appropriate in the applicable zoning district, but the effect on the site and surroundings require additional consideration as part of the review process.
B. 
Applicability.
1. 
Use Permit. A Use Permit is required for certain uses to be located within a zoning district. Generally, a Use Permit is required because the use classification has unusual site development features or operating characteristics which require special consideration to determine compatibility with the surrounding area.
2. 
Minor Use Permit. A Minor Use Permit is required where a Use Permit is needed for existing structures or a portion of a structure in any zoning district, certain wireless telecommunication facilities, or as otherwise specified in this Title or as determined by the Zoning Administrator.
3. 
Temporary Use Permit. An application for a Temporary Use Permit is governed by Chapter 18.160 (Use Permit, Temporary).
(Ord. 978, 11/17/2025)
A. 
Use Permit. The Planning Commission has the authority to approve, conditionally approve, or deny Use Permits applications.
B. 
Minor Use Permit. The Zoning Administrator has the authority to approve, conditionally approve, or deny an application for a Minor Use Permit application. The Zoning Administrator, in their discretion, may refer a Minor Use Permit application directly to the Planning Commission for review, in which case the application shall comply with the processing procedures for a Use Permit as established in this Chapter.
(Ord. 978, 11/17/2025)
A. 
Application. An applicant for a Use Permit or Minor Use Permit shall submit the following:
1. 
A complete application for a Use Permit and all applicable materials and information as provided by the Planning Division.
2. 
The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter.
B. 
Notice and Public Hearing.
1. 
Use Permit. The Planning Commission, or the Zoning Administrator for a Minor Use Permit, shall hold a public hearing on an application for a Use Permit. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. When applications for multiple entitlements requiring Planning Commission review on a single lot are filed at the same time, a combined public hearing may be scheduled for all entitlement applications submitted. Notice of the public hearing shall be given in accordance with Chapter 18.205 (Noticing Requirements). A public hearing may be continued to a definite date and time without additional public notice.
2. 
Minor Use Permit. The Zoning Administrator shall hold a public hearing on an application for a Minor Use Permit, unless exempted in this Title. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. Notice of the public hearing shall be given in accordance with Chapter 18.205 (Noticing Requirements).
3. 
Multiple Discretionary Permits. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications).
C. 
Decision.
1. 
Use Permit. Within 20 working days following the public hearing, the Planning Commission shall approve, conditionally approve, or deny a Use Permit application.
2. 
Minor Use Permit. Within 20 working days following the public hearing, the Zoning Administrator shall approve, conditionally approve, or deny a Minor Use Permit application.
3. 
Notice of Decision. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. In the case of an appeal to the Planning Commission or City Council, the date of the decision is the date the Planning Commission or City Council adopts the resolution.
D. 
Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted.
E. 
Appeal. A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission may be appealed to the City Council, in compliance with Chapter 18.185 (Appeals and Call for Review).
(Ord. 978, 11/17/2025)
The review authority may approve an application for a Use Permit or Minor Use Permit, if it finds all of the following to be true:
A. 
The proposed use will not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the proposed use;
B. 
The proposed use will not be injurious or detrimental to adjacent properties or to property in the neighborhood or to the general welfare of the city; and
C. 
The proposed use is consistent with the policies and goals established by the General Plan.
D. 
If the Use Permit is for a residential use in a residential zoning district in compliance with PHMC §§ 18.15.120 and 18.15.160, the following additional findings are required:
1. 
The proposed use is consistent with the purposes of the residential zoning districts, as specified in Section 18.15.010 (Purpose and Intent of Residential Zoning districts).
2. 
The proposed use complies with the development and operational standards of PHMC §§ 18.15.120 and 18.15.160.
3. 
The property and existing structures are physically suited to accommodate the use.
4. 
The proposed use will be compatible with the character of the surrounding neighborhood and the use will not contribute to changing the residential character of the neighborhood. In evaluating this factor, the review authority shall, at a minimum, consider factors such as:
a. 
The relative size of the facility;
b. 
The proximity of the use to schools, parks, and other residential care facilities;
c. 
Proximity to outlets for alcoholic beverages; and
d. 
The existence of substandard physical characteristics in the area (i.e., lot widths, setbacks, street width, limited available parking, short blocks).
(Ord. 978, 11/17/2025)
In approving a Use Permit or Minor Use Permit, the review authority may impose reasonable conditions necessary to:
A. 
Achieve the general purposes of this Chapter or the specific purposes of the zone district in which the site is located, or to make it consistent with the General Plan;
B. 
Protect the public health, safety, and general welfare; or
C. 
Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.
(Ord. 978, 11/17/2025)
A. 
Lapse of Approval.
1. 
A Use Permit or Minor Use Permit lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:
a. 
A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or
b. 
A Certificate of Occupancy has been issued; or
c. 
The use is established; or
d. 
The Use Permit or Minor Use Permit is renewed by the review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.
2. 
A Use Permit, or Minor Use Permit, automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. A lapsed Use Permit or Minor Use Permit for a residential use is not a binding precedent for future applications.
B. 
Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Use Permit or Minor Use Permit which affects a condition of approval, requires a new application for modification of the condition.
1. 
If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator's decision may be appealed to the Planning Commission.
2. 
If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Use Permit or Minor Use Permit.
(Ord. 978, 11/17/2025)
A Use Permit or Minor Use Permit exercised in violation of this Chapter or a condition of approval may be revoked in accordance with Section 18.190.140 (Revocation or Modification of Discretionary Permits).
(Ord. 978, 11/17/2025)
Following denial of a Use Permit or Minor Use Permit application, no new application for the same, or substantially the same, Use Permit or Minor Use Permit shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice.
(Ord. 978, 11/17/2025)