When practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this title, occur by reason of the strict and literal interpretation of any of its provisions, a zone variance may be granted in the manner set forth in this chapter.

(Ord. 177 § 2(part), 1966: prior code § 9338).

Before any zone variance shall be granted, the applicant must show, to the satisfaction of the commission or the council, all of the following facts:

A.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of such property, such as size, shape, topography location or surroundings, which are not applicable to other properties similarly situated; and

B.

That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question; and

C.

That the granting of the variance will not be materially detrimental to the public welfare or injurious to the adjacent property; and

D.

That the granting of the variance will not adversely affect the general intent and purpose of this title.

(Ord. 177 § 2(part), 1966: prior code § 9339).

The purpose of any conditional use permit shall be to insure that the proposed use will be rendered compatible with other existing and permitted uses located in the general area of the proposed use. The following uses, having unique and unusual characteristics, shall be permitted, provided that a conditional use permit is first issued:

1.

Aircraft beacons, radio cones and any other directional devices or stations;

2.

Airports, heliports and landing fields;

3.

Automobile trailer, trailer coach or mobile home parks (excluded from R-1, R-2 and R-3 zones);

4.

Barrels, storage of empty barrels;

5.

Cemeteries (excluded form R-1, R-2 and R-3 zones);

6.

Commercial units of more than four thousand square feet and manufacturing units of more than four thousand square feet which are shared by more than one independently owned business enterprise in the C zones and M zones;

7.

Churches;

8.

Dairies;

9.

Entertainment permits in conformance with Chapter 5.36 of this code;

10.

Educational institutions;

11.

Equestrian establishments, including academies, school amusements and riding stables;

12.

Establishments or enterprises involving large assemblages of people or automobiles, including, but not limited to, the following or similar uses (excluded from the R-1, R-2 and R-3 zones):

a.

Amusement parks,

b.

Circuses or carnivals (for a period of thirty-one days or longer) or fairgrounds,

c.

Hospitals (excluded from the R-1, R-2 and R-3 zones),

d.

Open-air theaters,

e.

Racetracks and rodeos,

f.

Stadiums;

13.

Hotels and motels;

14.

Oil production facilities;

15.

Parks, playgrounds and other public or private recreational facilities;

16.

Plating of metals, and finishing of metals, provided no perchloric acid is used;

17.

Public utility facilities, except as otherwise expressly herein provided;

18.

Utilities operated by mutual agencies, consisting of water wells, gas metering and regulation stations, communications equipment buildings, booster stations or appurtenances incident thereto, but not including distribution mains;

19.

Electric distribution and transmission substations except as the same may be expressly authorized as permitted uses in the various zones;

20.

Radio or television transmitters;

21.

All restaurants and eating establishments;

22.

All establishments engaged in the sale of alcoholic beverages;

23.

Service stations (excluded from the A-1, R-1, R-2 and R-3 zones);

24.

Sewage disposal plants (excluded from A-1, R-1, R-2 and R-3 zones);

25.

Theaters;

26.

All outdoor storage of building and contractor supplies;

27.

All uses which involve the use, sale or storage of any materials classified as toxic or hazardous by either the federal or state government as a substantial part of the total use shall require a CUP, as shall the parking or storage of vehicles used to carry such materials.

(Ord. 605 § 5, 2006; Ord. 571 §§ 1, 14, 2003: Ord. 485 § 7, 1994; Ord. 452 § 2, 1991; Ord. 439 § 1, 1989; Ord. 417 § 2, 1987; Ord. 347 § 1, 1980; Ord. 230 § 2, 1969; Ord. 207 § 1, 1967; Ord. 205 § 1, 1967; Ord. 199 § 1, 1967; Ord. 177 § 2(part), 1966: prior code § 9340).

Before any conditional use permit is granted, the applicant shall show, to the satisfaction of the commission or the council, the existence of the following facts:

A.

That the site for the proposed use is adequate in size and shape; and

B.

That the site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and

C.

That the proposed use will not have an adverse effect upon adjacent property.

(Ord. 177 § 2(part), 1966: prior code § 9341).

A.

Applications for zone variances and conditional use permits may be filed by the owner of any parcel of real property located within the city, or by an authorized agent of such owner, or by any corporation, public or private, which has the right of eminent domain. By motion, the city council may initiate either a zone variance or conditional use permit proceeding.

B.

Applications for a zone variance or conditional use permit shall be filed with the planning department, on forms furnished by the department, setting forth fully the nature of the proposed use, and the facts deemed sufficient to justify the granting of the variance or conditional use permit, in accordance with the provisions of this chapter.

C.

The applicant shall furnish to the director a certified copy of the names and addresses of all property owners to whom notice must be mailed as provided in this chapter.

D.

Any applicant may withdraw his application prior to the hearing thereon by filing a written request to do so; no refund of the filing fee shall be permitted in case of withdrawal.

(Ord. 185 § 1, 1966: Ord. 177 § 2(part), 1966: prior code § 9342).

Each such application, and an application for a modification, as set forth hereinafter, shall be accompanied by a filing and processing fee as established by a resolution adopted by the city council.

(Ord. 523 § 5, 1998: Ord. 192 § 1(part), 1967: Ord. 177 § 2(part), 1966: prior code § 9343).

Every application for a zone variance or a conditional use permit shall be set for a public hearing before the planning commission by the director. If an appeal is taken from a planning commission decision, in the manner specified in Section 17.80.110, the matter shall be set for a public hearing before the city council by the city clerk as soon as possible. Hearings may be continued from time to time, by the commission or council, as may be deemed necessary.

(Ord. 177 § 2(part), 1966: prior code § 9344).

A.

Notices of the time and place of public hearings before the commission and the council, on zone variances and conditional use permits, shall be given by United States mail, postage prepaid, addressed to the owners of the property located within a radius of five hundred feet from the external boundaries of the subject property, addressed to said owners as shown on the latest equalized assessment roll of the county, and by such other method as the city manager may direct.

B.

Notices shall be given at least ten days in advance of the date set for hearing and shall contain a general description of the subject property, a brief description of the proposed use, and the date, time and place of the hearing.

(Ord. 196 § 1, 1967: Ord. 177 § 2(part), 1966: prior code § 9345).

Within thirty days following a public hearing upon a variance or conditional use permit application, the commission shall, by resolution, approve, conditionally approve or deny the same. The resolution shall contain a statement of facts upon which the decision is based. The decision of the planning commission shall be final and conclusive upon the twentieth day following the date of adoption of the resolution of the commission, or upon the day following the next regularly scheduled council meeting, whichever date is the latest, in the absence of the filing of a written appeal, in the manner specified in Section 17.80.110.

(Ord. 177 § 2(part), 1966: prior code § 9346).

On the day following the adoption of the resolution by the commission, the director shall mail a copy of the resolution to the applicant at his last address.

(Ord. 177 § 2(part), 1966: prior code § 9347).

The applicant, or any person who appeared at the commission hearing and opposed such matter, who is aggrieved by the decision of the planning commission in conjunction with action taken on a variance or conditional use permit, may file a written letter of appeal with the city clerk together with a fee established by resolution of the city council, prior to the commission's action becoming final, appealing the decision of the planning commission to the city council. Upon receipt of such a written letter of appeal, the city clerk shall set the matter for hearing upon the council agenda at the next most convenient meeting of the council, but not later than thirty days after the filing of such an appeal, unless otherwise requested by the appealing party or otherwise set by the city council. The city council, by motion, carried by at least three votes, at any time, prior to the effective date of the planning commission's resolution, as set forth in Section 17.80.090, may appeal to itself any planning commission decision on any variance or conditional use permit. A motion of the council to this effect shall be deemed an appeal from the decision of the commission. Notices of the hearing shall be given by the city clerk in the same manner as notices are given for planning commission hearings, as set forth in Section 17.80.080.

(Ord. 523 § 6, 1998: Ord. 177 § 2(part), 1966: prior code § 9348).

A.

The council shall conduct a de novo public hearing on each such appeal and shall render its decision approving, conditionally approving, or denying the variance or conditional use permit, within thirty days following its public hearing. Its decision shall be by resolution, which shall contain the facts supporting the action. The action of the council shall be final and conclusive.

B.

The day following the adoption of the resolution by the council, the city clerk shall mail a copy of its resolution to the applicant at his last known address.

(Ord. 177 § 2(part), 1966: prior code § 9349).

Failure to give notice in the manner prescribed in this chapter shall have no effect upon any proceeding before the commission or council.

(Ord. 177 § 2(part), 1966: prior code § 9350).

A.

Upon recommendation by the director, the body which originally granted the variance or conditional use permit shall conduct a hearing, noticed as provided by Section 17.80.080, to determine whether the variance or conditional use permit should be revoked. If the revocation relates to a special use permit or zone exception granted by the county, the commission shall be the body to conduct the hearing. If the commission or council finds any one of the following facts to be present, it shall revoke the variance or conditional use permit:

1.

That the variance or permit was obtained by fraud; or

2.

That the use for which such approval was granted has ceased to exist, or has been suspended for a period of six consecutive months or more; or

3.

That the permit or variance granted is being, or has been, exercised contrary to the terms and conditions of such approval or in violation, of any law; or

4.

That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety, or as to constitute a nuisance.

B.

If the commission conducts the hearing, the action taken by the commission shall be subject to an appeal to the city council as set forth in Section 17.80.110.

C.

The action of the commission, in the absence of an appeal, and the action of the council upon appeals shall be final and conclusive.

(Ord. 177 § 2(part), 1966: prior code § 9351).

Any variance or exception or permit shall be null and void if the use permitted thereunder is not exercised within the time specified in approving such variance or exception or permit, or, if no time is specified, if the same is not exercised within one year from the date said variance or exception or permit is granted. The granting body, upon good cause shown by the applicant, may extend the time limitations imposed by this section for a period not to exceed one year.

(Ord. 177 § 2(part), 1966: prior code § 9352).

Any condition imposed upon the granting of a variance or conditional use permit may be modified or eliminated, or new conditions may be added; provided, that the commission or council, whichever was the granting body, or, in the case of permits or exceptions issued by the county, the commission, shall first conduct public hearings thereon in the same manner as required for the granting of the same. No such modification shall be made unless the commission or council finds that such modification is necessary to protect the public interest, or, in case of deletion of such a condition, that such action is necessary to permit reasonable and compatible operation under the variance or conditional use permit. An appeal may be taken from a commission decision regarding modification in the same manner as set forth in Section 17.80.110. In the absence of such an appeal, the commission's determination shall be final and conclusive.

(Ord. 177 § 2(part), 1966: prior code § 9353).