Use Permits
Conditional use permits may be issued by the Planning Commission, after public hearing, for any of the uses or purposes for which such permits are required or permitted by the terms of this Title upon such conditions as are deemed necessary to secure the purposes of this Title. Tangible guarantees or evidence that such conditions are being, or will be, fulfilled may be required. (Ord. 89-1 § 1, 1989.)
Each application for a conditional use permit shall be filed in writing with the City Clerk on the latest form therefor prescribed by the Planning Commission, and shall be signed by all of the owners of the premises involved. It shall be accompanied by a filing fee as is hereafter fixed by City Council resolution. It shall also be accompanied by plans showing all details of the proposed use to be made of the land and of the structures thereon. (Ord. 89-1 § 1, 1989.)
The Planning Commission shall, after at least ten days’ prior notice duly given, hold a public hearing on each conditional use permit application, and shall hear all persons interested in such application, and may continue the hearing for the taking of additional evidence. At the conclusion of the hearing, the Planning Commission shall grant, conditionally grant, or deny such application, in whole or in part, but shall not grant any application with reference to any structure, land or premises not described in the application. The Planning Commission shall not grant any application unless it has found that the requested use will not, under the particular circumstances, be detrimental to the health, safety, morals, comfort, convenience and general welfare of the persons residing or working in the neighborhood of such proposed use, and will not be injurious or detrimental to the property and improvements in the neighborhood of such proposed use, or to the general welfare of the City. In imposing conditions on conditional use permits, the Planning Commission may consider, among other criteria, design review standards as set forth in Title 20 of this Code. A conditional use permit shall not become effective until the expiration of the period within which appeals may be filed pursuant to Section 19.80.040. (Ord. 89-1 § 1, 1989.)
The applicant, or any interested resident or property owner, may file an appeal with the City Council from any denial, approval or conditional approval of any conditional use permit application by the Planning Commission. Such appeal shall be in writing and shall be filed not later than seven days after the Planning Commission’s determination. Appeals shall set forth the alleged inconsistency or nonconformity with the standards hereinabove imposed on the Planning Commission, and shall, except if the appeal be by a member of the City Council, be accompanied by a filing fee as is hereafter fixed from time to time by City Council resolution. The secretary shall, not less than ten days prior to the date set for the Council hearing on the appeal, give written notice to the appellant or his representative, and to the applicant or his representative, of the time and place of the hearing. The City Council shall hold a public hearing on the appeal, and shall affirm, reserve or modify the Planning Commission decision within sixty days of the date of the filing of such appeal, being guided at all times by the standards set forth in this Chapter. (Ord. 89-1 § 1, 1989.)
The City Clerk shall maintain an index for all Planning Commission and City Council actions on conditional use permit applications, showing the applicant’s name, premises location, and whether the application was granted or denied. No new application relating to the same premises and the same relief shall be filed for a period of one year from the Planning Commission’s or Council’s determination, unless such filing is first authorized by the Planning Commission on a showing of substantial change of circumstances. (Ord. 89-1 § 1, 1989.)
Use Permits
Conditional use permits may be issued by the Planning Commission, after public hearing, for any of the uses or purposes for which such permits are required or permitted by the terms of this Title upon such conditions as are deemed necessary to secure the purposes of this Title. Tangible guarantees or evidence that such conditions are being, or will be, fulfilled may be required. (Ord. 89-1 § 1, 1989.)
Each application for a conditional use permit shall be filed in writing with the City Clerk on the latest form therefor prescribed by the Planning Commission, and shall be signed by all of the owners of the premises involved. It shall be accompanied by a filing fee as is hereafter fixed by City Council resolution. It shall also be accompanied by plans showing all details of the proposed use to be made of the land and of the structures thereon. (Ord. 89-1 § 1, 1989.)
The Planning Commission shall, after at least ten days’ prior notice duly given, hold a public hearing on each conditional use permit application, and shall hear all persons interested in such application, and may continue the hearing for the taking of additional evidence. At the conclusion of the hearing, the Planning Commission shall grant, conditionally grant, or deny such application, in whole or in part, but shall not grant any application with reference to any structure, land or premises not described in the application. The Planning Commission shall not grant any application unless it has found that the requested use will not, under the particular circumstances, be detrimental to the health, safety, morals, comfort, convenience and general welfare of the persons residing or working in the neighborhood of such proposed use, and will not be injurious or detrimental to the property and improvements in the neighborhood of such proposed use, or to the general welfare of the City. In imposing conditions on conditional use permits, the Planning Commission may consider, among other criteria, design review standards as set forth in Title 20 of this Code. A conditional use permit shall not become effective until the expiration of the period within which appeals may be filed pursuant to Section 19.80.040. (Ord. 89-1 § 1, 1989.)
The applicant, or any interested resident or property owner, may file an appeal with the City Council from any denial, approval or conditional approval of any conditional use permit application by the Planning Commission. Such appeal shall be in writing and shall be filed not later than seven days after the Planning Commission’s determination. Appeals shall set forth the alleged inconsistency or nonconformity with the standards hereinabove imposed on the Planning Commission, and shall, except if the appeal be by a member of the City Council, be accompanied by a filing fee as is hereafter fixed from time to time by City Council resolution. The secretary shall, not less than ten days prior to the date set for the Council hearing on the appeal, give written notice to the appellant or his representative, and to the applicant or his representative, of the time and place of the hearing. The City Council shall hold a public hearing on the appeal, and shall affirm, reserve or modify the Planning Commission decision within sixty days of the date of the filing of such appeal, being guided at all times by the standards set forth in this Chapter. (Ord. 89-1 § 1, 1989.)
The City Clerk shall maintain an index for all Planning Commission and City Council actions on conditional use permit applications, showing the applicant’s name, premises location, and whether the application was granted or denied. No new application relating to the same premises and the same relief shall be filed for a period of one year from the Planning Commission’s or Council’s determination, unless such filing is first authorized by the Planning Commission on a showing of substantial change of circumstances. (Ord. 89-1 § 1, 1989.)