The purpose of the conditional use permit is to allow for the appropriate integration of certain land uses into the community which may be suitable only in specific locations within a zoning district, or only if designed and laid out in a particular manner.

A conditional use permit is required for all uses listed as conditional uses in the district regulations or elsewhere in this chapter that are hereafter created, changed, converted, or enlarged, either wholly, or in part.

When considering an application for a conditional use, the Planning Commission shall give due consideration to the nature and condition of all adjacent uses and structures. In authorizing a conditional use, the Planning Commission may impose requirements and conditions relating to location, construction, maintenance, operation, and site planning, in addition to those expressly required by this Code, as necessary to ensure that the proposed use is consistent with all general plan goals and policies, and will not create negative impacts to adjacent properties or the general public.

(Ord. CS 532, 1983; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

Any use, established pursuant to an approved conditional use permit, that has been discontinued for less than five years may be reestablished or changed to a similar or less intensive use without the need for a new use permit. The Community Development Director shall determine whether the proposed use is similar or less intensive, and this determination shall be subject to appeal to the Planning Commission.

(Ord. CS 624, 1987; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

A.

The application shall be submitted by the property owner or their authorized agent to the Community Development Director on a form prescribed by the City of Atwater. A conditional use permit may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this Code. Approval of a conditional use permit does not exempt the applicant from compliance with all applicable provisions of the Fire Code, Building Code, or other sections of this Code.

B.

The application fee shall be set by resolution of the City Council in an amount consistent with the actual cost of processing the application. The fee is nonrefundable.

C.

The application shall include maps and drawings sufficient to demonstrate compliance with the requirements set forth in this Code.

(Ord. CS 532, 1883; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

The Community Development Director shall schedule the matter for a public hearing no sooner than 30 days after the date of application. Notice of the hearing shall be mailed to owners of all property located within 300 feet of the subject property no less than ten days prior to the hearing date. Failure of a property owner to receive such notice shall not affect the validity of any action taken.

When Council approval is required, as specified elsewhere in this title, the public hearing shall be noticed in the same manner.

(Ord. CS 532, 1983; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

The Planning Commission may approve the issuance of a conditional use permit (or recommend action by the City Council if the proposal includes changes that require Council approval) only if all of the following findings can be made:

1.

The proposed use is consistent with the purpose and standards of the zoning district, the general plan, and any adopted area or neighborhood plan, specific plan, or community plan.

2.

The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property.

3.

The proposed use will not be detrimental to the public health, safety, and welfare of the city.

4.

The proposed use is properly located within the city and adequately served by existing or planned services and infrastructure.

(Ord. CS 532, 1483; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

Upon approval of the use permit, and if no appeal from the decision is filed within five calendar days of the approval date, the Community Development Director shall issue a permit certificate. The certificate shall contain the permit number, effective date, expiration date, and all conditions of approval.

The certificate shall be permanently displayed in a publicly visible location on the premises at all times. Display of the certificate is a condition of every use permit and shall be acknowledged in writing by the applicant prior to the final approval by the Planning Commission.

(Ord. CS 532, 1983; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

Following the issuance of a conditional use permit, the building inspector shall issue a building permit, if required, once compliance with all applicable provisions of this chapter and all City rules and regulations have been confirmed. The building inspector shall ensure that development is initiated and completed in conformance with the approved plans.

(Ord. CS 532, 1983; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

No person, including the original applicant, shall reapply for a similar conditional use permit for the same land, building, or structure within one year of the final decision on the previous application, unless the denial was made without prejudice.

(Ord. CS 532, 1983; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

A use permit may be revoked by the Planning Commission if approved by the Planning Commission, or by the City Council if approved by the City Council, at any time for noncompliance with permit conditions, violation of City regulations, or if the use constitutes a nuisance to the neighborhood.

(Ord. CS 532, 1983; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

A.

Time Limits. The conditional use permit shall expire if not exercised within five years of approval. A permit or approval shall be considered "exercised" when:

1.

A building permit is issued and construction has commenced; or,

2.

A certificate of occupancy is issued; or,

3.

A business license is issued; or,

4.

The use is established.

B.

Extension of Time. The Community Development Director may approve time extensions of up to two years, in the following manner:

1.

The applicant shall submit to the Community Development Department a written request for an extension of time no later than ten days before the expiration of the permit or approval.

2.

The Community Development Director may extend the permit or approval for an additional two year period if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the permit or approval in a timely manner.

3.

The burden of proof is on the applicant to demonstrate that the permit should be extended.

4.

The Community Development Director may choose to refer any extension of time requests to the Planning Commission for review and final decision.

(Ord. CS 532, 1983; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

Any decision of the Planning Commission may be appealed in writing to the City Council within five calendar days of the Planning Commission's action. If an appeal is made, notice of the hearing shall be provided as specified in Section 17.71.030.

(Ord. CS 532, 1983; Ord. CS 581, 1984; Ord. CS 1073, § 4(Exh. A), 10-13-2025)