Chapter 17.54 — USE PERMITS

• A. These provisions do not negate the specific uses designated for each zoning district, but rather serve as a supplemental guide providing added protection to existing zoning districts and at the same time encouraging orderly growth.

• B. The purpose of issuing a use permit shall be:

  1. To assure that the degree of compatibility made the purpose of this chapter shall be maintained with respect to the particular use on a particular site and consideration of other existing and potential uses within the general area in which such use is proposed to be located, and

  2. To recognize and compensate for variations in degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors and hazards;

  3. To assure that such use will be placed on a site that is both suitable and adequate and that the use will have a minor effect on present and future traffic and that such use will not become a nuisance to the neighborhood and such use conforms with the general plan and makes provisions for adequate off-street parking and loading, as well as landscaping and screen planning, as well as other matters pertinent to the particular case.

• (Prior code § 30-500)

All use permits are always revocable and may be made conditional or valid for a specific time period and shall be issued by the planning commission or by the affirmative vote of the city council upon appeal for any of the uses for which a use permit is required by the terms of this title. Use permits must be obtained for those uses designated as requiring use permits under this title whether use be in connection with new construction, additions or enlargements or extensions of use.

(Prior code § 30-500.1)

• A. Applications for a use permit or a special use permit or a temporary use permit shall be made to the planning director in writing on a form prescribed by the commission and shall be accompanied by plans, sketch plans and elevations of the building. Applications filed under this section shall be accompanied by such fees as shall from time to time be set or established by resolution of the city council. Every application for a use permit or special use permit or temporary use permit shall be signed by the owner of the property for which the permit is sought, or his agent. In the case of leased premises the owner of the underlying fee title or his agent shall sign the application.

• B. Use permits and special use permits and temporary permits are not personal to the applicant. Permission granted under a use permit or a special use permit or a temporary use permit is an incident of ownership of the property for which it is granted. The owner of the property shall be responsible for compliance with the terms and conditions of issuance, if any, of a use permit or a special use permit or a temporary use permit.

• C. Applications for use permits, special use permits or temporary use permits shall be either referred directly by the planning director to the planning commission for public hearing and decision or where such is the case, be considered by the planning director and processed by him or her, in which event he shall make his written determination and transmit a copy thereof to the applicant.

• (Prior code § 30-500.2; Ord. 631 Exh. A, 1989)

Procedure for hearing the applicant's request for a use permit and a special use permit shall be the same as that as required for a variance under Section 17.56.020 to Section 17.56.050 . (Prior Code § 30-500.3)

In such cases where the temporary use permit has been refused by the planning director, the applicant may, within ten days of receipt of such notice, file an appeal with the city planning commission. The planning commission shall, upon receipt of such an appeal, set a hearing pursuant to the section of public hearings as established under the variance provisions of Section 17.56.020 . (Prior code § 30-500.4; Ord. 631 Exh. A, 1989)