A Conditional Use Permit or alternate review procedure as allowed by this section shall be required for the construction, alteration, or expansion of every use that is allowed by a land use district subject to a Conditional Use Permit. Additionally, a Conditional Use Permit shall be required for the following:
(a) 
A Conditional Use Permit shall be required for the conversion of non-conforming structures from one primary land use classification to another (e.g., remodeling of a residential structure for retail commercial or industrial use).
(b) 
A Conditional Use Permit shall be required for the establishment of any type of land use that proposes to house between two (2) to six (6) parolees. In addition, a new Conditional Use Permit shall be required for the following actions:
(1) 
The operation of an existing parolee home (unless it was established prior to the effective date of this ordinance).
(2) 
Any changes in the operating conditions from what was originally imposed by the City, including, but not limited to, the number of parolees or other modifications to the conditions of approval.
(3) 
Any changes in the operating conditions of an existing parolee home that was lawfully established prior to the effective date of this ordinance.
(4) 
The sale, transfer, or new lease agreement of a parolee home to another individual or entity.
(5) 
The re-establishment of an existing parolee home that has not been occupied by parolees for a consecutive period of thirty (30) days.
(c) 
Massage Therapy Establishments.
(d) 
Off-Sale General (Type 21) alcohol establishments where 10% or more of the retail area is dedicated to alcohol sales.
(Ord. 142 §§ 1(C), 1995; Ord. 210 § 5, 2001; Ord. 247 § 2, 2005; Ord. 465 § 2, 2025)
Conditional Use Permits are intended to provide an opportunity to review the location, design and manner of development of land uses prior to their implementation. Uses subject to Conditional Use Permits are established through Public Hearing or Administrative Review procedures. Once established minor expansions and adjustments to uses that are subject to a Conditional Use Permit may be accommodated through the Land Use Compliance Review process.
(a) 
Procedure: Public Hearing.
(b) 
Reviewing authority: Planning Commission.
(c) 
Findings. Prior to approving an application for a Conditional Use Permit, the reviewing authority shall find and justify that all of the following are true.
(1) 
The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscaping, and other features pertaining to the application.
(2) 
The site for the proposed use has adequate access, meaning that the site design incorporates street and highway limitations.
(3) 
The proposed use will not have a substantial adverse effect on abutting property or the permitted use thereof, meaning that the use will not generate excessive noise, vibration, traffic, or other disturbance. In addition, the use will not substantially interfere with the present or future ability to use solar energy systems.
(4) 
The proposed use is consistent with the goals, policies, standards, and maps of the General Plan and any applicable plan.
(5) 
The lawful conditions stated in the approval are deemed necessary to protect the public health, safety, and general welfare.
(6) 
The design of the site has considered the potential for the use of solar energy systems and passive or natural heating and cooling opportunities.
(Ord. 210 § 6, 2001)
(a) 
Procedure: Public Hearing.
(b) 
Reviewing authority: Planning Commission.
(c) 
An existing nonconforming use may be altered to accommodate a new structure or accessory use, except where it is an existing nonconforming use of land with no structure thereon.
(d) 
Findings. Before any modification in a nonconforming use may be granted, it shall be found that all of the following conditions shall exist in reference to the alteration being considered.
(1) 
The remaining normal life of the existing nonconforming use shall be determined pursuant to provisions specified in this Code prior to consideration of the proposed alteration if in a residential district.
(2) 
The proposed alteration shall not prolong the normal life of the existing nonconforming use.
(3) 
The alteration of the existing nonconforming use shall not be detrimental to or prevent the attainment of objectives, policies, general land use, and programs specified in the City’s General Plan.
(4) 
The granting of permission to alter the nonconforming use shall not be substantially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and district in which the use is located.
(5) 
The alteration shall not change the primary use of the land or increase the intensity of that use.
(6) 
The existing nonconforming use shall comply with all other existing City regulations including, but not limited to, those applicable to and enforced by the County Department of Environmental Health Services, Office of Building and Safety, and the County Sheriff’s Department.
(7) 
Any alteration required by governmental or court action shall be exempt from these conditions.
(Ord. 210 § 8, 2001)
Any Conditional Use Permit submittal which is determined by the Community Development Director to warrant more detailed review may be forwarded to the Development Review Committee (DRC) for review and recommendation prior to action by the reviewing authority.
When agricultural support services are allowed subject to a Conditional Use Permit, the following findings shall be made prior to approval of the Conditional Use Permit.
(a) 
The proposed use is of an appropriate size and scale that will not create a conflict with existing or planned uses of adjacent properties.
(b) 
The proposed use is incidental and subordinate to existing agricultural uses located within the general vicinity.
(c) 
The methods of operation are compatible with existing and planned uses of adjacent properties.
(d) 
The methods of solid waste, sewage, and wastewater disposal are safe, practical, and will not adversely affect surrounding properties and underground water supplies.
(e) 
The approval of the proposed use will not serve to detract from the agricultural character of the area.
(f) 
The proposed use will not have a substantial adverse effect on the service support capacity of the area’s infrastructure, including groundwater supply.
State law required a public hearing review for the Surface Mining and Reclamation process. The Mining and Land Reclamation Plan Application combines a Conditional Use Permit and Reclamation Plan into one application.
(a) 
To apply for a Conditional Use Permit (CUP) for a Hazardous Waste Facility, a General Plan Amendment Application must be filed concurrently with the CUP, as a Hazardous Waste Overlay District must be applied to the facility site.
(b) 
For a complete discussion of the review procedures required for a specified hazardous waste facility, refer to Section 5.3.3 and Table 5-4 of Chapter 5 of the Yucaipa Hazardous Waste Management Plan.