Biggs City Zoning Code
CHAPTER 14
60 CONDITIONAL USE PERMITS
§ 14.60.010 General provisions.
Conditional use permits shall be required for site development or conduct of certain land uses which generally have a distinct impact on the area in which they are located or are capable of creating special problems for adjacent properties unless given special attention. Conditional use permits may be revocable or issued for a term. The planning commission may designate such conditions in connection with the granting of a conditional use permit as it deems necessary to carry out the purpose and intent of this title, and may include, but not be limited to, the following:
(1)
Dedication of right-of-way;
(2)
Improvement of vehicle access to the subject property to city standards;
(3)
Regulation of height, number of stories;
(4)
Regulation of the nature, hours of operation, extent of use;
(5)
Regulation as to transferability of the use;
(6)
Regulation of landscaping for the protection of adjoining and nearby properties;
(7)
Regulation of off-street parking.
(Formerly 14.35.010; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.60.020 Action by the planning commission.
(1)
Except as provided in BMC § 14.60.030, the planning commission shall issue all use permits in accordance with this chapter.
(2)
The planning commission shall hold at least one public hearing on any application for a use permit prior to making a decision on it. After the hearing, the planning commission may approve, conditionally approve or deny the use permit.
(Formerly 14.35.020; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.60.030 Decisions and findings.
The planning commission may approve or conditionally approve a use permit only when it finds, based on evidence presented in the application and/or at the public hearing, that:
(1)
The proposal will not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of the proposed use;
(2)
The proposed use will not be detrimental or injurious to property and improvements in the neighborhood of the proposed use;
(3)
The proposed use will not be detrimental or injurious to the general welfare of the city; and
(4)
The proposed use will be consistent with the policies, standards and land use designations of the general plan and any applicable specific plan(s).
(Formerly 14.35.040; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.60.040 Conditions of approval.
The planning commission may impose any conditions of approval on a use permit which it finds necessary to carry out the purposes of this title and implement the general plan or any applicable specific plan(s).
(Formerly 14.35.050; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.60.050 Uses permitted with a use permit from the planning commission.
The planning commission may approve, conditionally approve or disapprove use permits for any of the following:
(1)
Uses listed as requiring a use permit within Chapter 14.250 (Residential Use Table), 14.300 (Commercial Use Table), or 14.350 BMC (Industrial Use Table);
(2)
Applications for use permits reviewed by the city planner pursuant BMC § 14.60.060 for which an interested party requests planning commission review;
(3)
Uses, activities or improvements identified as requiring a use permit within this title;
(4)
Changes to nonconforming uses and nonconforming structures; or
(5)
Temporary parking facilities within all zoning districts of the city.
(Formerly 14.35.080; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.60.060 Appeal, expiration, extension and revocation of use permits.
The appeal of a decision pertaining to a use permit, and the expiration, extension and revocation of use permits are governed by the provisions of Chapter 14.30 BMC (Procedures).
(Formerly 14.35.090; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.60.070 Subsequent review of use permits.
Regular review of all use permits shall be conducted in conformance with the following procedures:
(1)
Unless otherwise stipulated in the conditions of approval for the use permit, all use permits shall be reviewed for conformance and automatic renewal within three years from the date of approval of the use permit.
(2)
Use permit review shall be initiated by the city planner. If the use is found to be in compliance with the use permit and no complaints have been received against the use, then the city planner shall renew the use permit for an additional three years.
(3)
If the use is found to not comply with the use permit or if complaints have been received against the use, the city planner will review the situation and either:
(a)
Resolve issues of nonconformance or complaints with the permittee and then renew the use permit for an additional period of three years or less, at the discretion of the city planner; or
(b)
If unable to resolve outstanding issues, the city planner shall forward the use permit to the planning commission for review and action.
(c)
Use permit renewals forwarded to the planning commission shall either be approved or denied. Changes to the use permit may only be allowed subject to BMC § 14.60.110.
(4)
If renewal of a use permit is denied, the previously permitted use shall be discontinued within 30 days of action by the city planner or planning commission and any physical improvements allowed subject to the use permit shall be eliminated or brought into conformance with city code within 90 days of action by the city planner or planning commission.
(Formerly 14.35.100; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.60.080 Modification of use permits.
The planning commission, at a noticed public hearing, may modify an existing use permit by changing, deleting or adding conditions to the existing permit. Modification of a use permit initiated by an applicant shall be considered as an application for a new use permit and shall require submittal of a complete city application form and appropriate filing fee. Any such modification shall be subject to the appeal process specified in Chapter 14.30 BMC (Procedures).
(Formerly 14.35.110; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.60.090 Permit signing.
The use permit shall be deemed granted when the appeal period has lapsed and the permit has been signed by the applicant and the city planner. The applicant must sign the use permit acknowledging all required conditions and terms within 30 days of receipt of the permit by certified letter. Any use permits approved that are not signed with return copies provided to the city within the 30-day period shall be deemed invalid.
(Formerly 14.35.120; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.60.100 Content and posting of use permit.
Use permits granted subject to this chapter shall be posted in a conspicuous location within the subject property. Said use permit shall describe specifically the allowed use, the date of permit approval, the date upon which the permit shall be reviewed, and all conditions of approval associated with the use permit. Any use permit which is not posted by the applicant within 30 days of receipt of the permit shall be deemed invalid.
(Formerly 14.35.130; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.60.110 Circumstances requiring immediate action.
The city recognizes that circumstances of overriding concern will, from time to time, occur within the community. During such circumstance the city may approve uses subject to the provisions of this chapter and section, which are not allowed within a given zoning district.
(1)
The provisions of this section shall apply only to circumstances where the following findings can be made by the city council:
(a)
The requested action will not significantly impact surrounding land uses through generation of noise, emissions, traffic or other environmental impacts.
(b)
The requested will support and forward a significant goal or assist in satisfying an important need within the community.
(c)
Need for immediate action precludes the processing of the requested action within the typical provisions of this title.
(d)
Approval of the action shall be temporary in nature, the approval for the requested action shall be for a limited and specified amount of time, and permanent resolution through typical provisions of this title shall be anticipated to occur within one year.
(2)
Requests pursuant to this section shall be processed in a manner similar to a typical use permit; however, final approval for granting such requests shall be made by the city council. Prior to such action by the city council, the requested action shall be presented to the planning commission for a recommendation on the requested action.
(Formerly 14.35.140; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)