Chapter 18.45 — CONDITIONAL USE PERMITS

The purpose of the Conditional Use Permit is to review the location, site development, and/or conduct of certain land uses. These are uses which generally have a unique and distinct impact on the area in which they are located, or are capable of creating special problems for adjacent properties unless given special review and special conditions. A Conditional Use Permit may be granted at the discretion of the Planning Commission, and is not the automatic right of any applicant.

A Conditional Use Permit may be initiated by the owner or owners (or their authorized agents) of property in the City, only where the use is specifically authorized by the Conditional Use Permit section of the zone in which the property lies.

Application for a Conditional Use Permit shall be made on a form provided by the Planning Department, and shall be accompanied by the following:

• (1) The name and address of the applicant therefore; evidence that he is the owner of the parcel or premises involved, or that he has permission of the owner to make such application; and a legal description of the subject parcel or premises.

• (2) An application fee to assist in defraying the expense of postage, posting, advertising, and other costs of labor and materials incidental to the proceedings prescribed herein. This fee shall be in accord with a schedule established by resolution of the City Council and shall be nonrefundable.

• (3) Nine (9) copies of a Site Plan, containing all the information required by Section 18.40.08 (CONTENT OF A SITE PLAN).

• (4) Such other information as the Planning Commission or City Council may require, including but not limited to market studies, design studies, engineering studies, and evidence of the ability and intention of the applicant to proceed with construction in accordance with approved plans within one year from the approval of the Conditional Use Permit.

• (5) Responsibility for Accuracy. The applicant shall be solely responsible for the accuracy of information submitted as part of his application. Submission of inaccurate plans, legal descriptions, surrounding property owners list, and other information shall be cause for invalidation of all actions regarding his petition.

• (6) Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the City, and there shall be attached to each such application copies of all reports, notices and actions pertaining thereto.

The Commission shall cause to be made such investigation of facts bearing on the application for a Conditional Use Permit as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this Ordinance.

In considering the Conditional Use Permit application, the Commission, and Council on Appeal, shall review the proposed plans under the terms and criteria of Chapter 18.40 (SITE PLAN REVIEW), and Chapter 18.41 (ARCHITECTUR-AL REVIEW) if applicable.

Public hearings and appeals on the Conditional Use permit application shall be held and governed by the provisions of Chapter 18.43 (HEARINGS AND APPEALS THEREFROM).

Before a Conditional Use Permit may be granted, the Commission, or Council upon appeal to it, shall make a finding from the evidence as submitted, that all four (4) of the following conditions exist in reference to the property being considered:

• (1) The requested Conditional Use Permit will not adversely affect the General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof.

• (2) The requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located.

• (3) The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area.

• (4) The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area.

The Commission in granting a Conditional Use Permit may establish conditions under which a lot or parcel of land may be used or a building erected and/or altered, or make requirements as to right ofway dedications, architecture, height of building, open spaces, parking areas, and conditions of operation of any enterprise or make any requirements that the Commission may consider necessary to prevent damage or prejudice to adjacent properties, or detriment to the welfare of the community.

Any restrictions or conditions required by the Commission, or the City Council on appeal, in the granting of a Conditional Use Permit under the provisions of this chapter must be complied with. If such conditions or requirements are not met or if the use permitted is discontinued for a period of one year or more, the Commission shall hold a public hearing in the same manner as set forth in Chapter 18.46 (REVOCATIONS OF PERMITS AND VARIANCES).

• (1) Upon revocation, further use of the property, or maintenance of any building constructed thereon, by authority of such variance or permit shall constitute a violation of this Ordinance.

• (1) All acts of the City Planning Commission under this section shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this Ordinance shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this Ordinance or map.

• (2) The Site Plan submitted with an application, together with the conditions, if any required by the Planning Commission and/or Council, shall be kept on file in the office of the Planning Director and shall be referred to prior to issuing a building permit. Where there is a substantial change from the original Site Plan, said plan shall be referred to the Planning Commission for action, under the procedures of Chapter 18.40 (Site Plan Review). No modifications to the conditions of the original resolution granting the Conditional Use Permit shall be permitted without a public hearing as required in Chapter 18.43 (Hearings and Appeals Therefrom). In case of such a hearing, a new application, filing fee, and procedure shall be required.

The City shall not accept for filing nor consider any application for a Conditional Use Permit on premises or in a building or structure for which a similar Conditional Use Permit application was denied by the City, irrespective of whom the applicants are on either application, until twelve consecutive calendar months have expired from the date of the final decisions of the city denying the earlier application, unless such final decision was a denial with the grant of the privilege that a similar application may be filed sooner than twelve consecutive months from the date of said decision.

The provisions of Chapter 18.46 (Revocation and Expiration of Permits and Variances) shall apply. (Ord. 501, Sec. 7, 1983)