In order to give the district use regulations of this Title the flexibility necessary to achieve the objectives prescribed in Section 22.02.010, in certain districts conditional uses are permitted, subject to the granting of a use permit. Conditional uses include certain types of community facilities, institutions and public utility installations appropriately located in residential, professional and administrative offices, commercial and industrial districts, certain types of light industrial uses appropriately located in commercial service districts, certain types of heavy industrial uses appropriately located in light industrial districts and certain types of nuisance industries appropriately located in heavy industrial districts. Because of their unusual characteristics, conditional uses require special consideration, so they may be located properly with respect to their effects on surrounding properties. In order to achieve these purposes, the Board of Adjustments is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon the granting of use permits, subject to review by the Board of Appeals.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,117.0.)

The Board of Adjustments may grant use permits for such conditional use in such districts as are prescribed in the district regulations of this Title subject to review by the Board of Appeals in accord with the procedure prescribed herein.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,117.1.)

A.

Application for a use permit shall be made to the Board of Adjustments on a form prescribed by the Board which shall include the following data:

1.

Name and address of the applicant;

2.

Statement that the applicant is the owner of the property or is the authorized agent of the owner;

3.

Address or description of the property;

4.

Statement indicating the precise manner of compliance with each of the applicable provisions of this Title, together with any other data pertinent to the findings prerequisite to the granting of a use permit as prescribed in Section 22.40.070 of this Chapter.

B.

The application shall be accompanied by the following plans and drawings:

1.

An accurate scale drawing of the site and surrounding area for a distance of at least 500 feet from each boundary of the site showing the existing location of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing;

2.

An accurate scale drawing of the site showing the contours at intervals of not more than 5 feet and existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.

C.

The application shall be accompanied by a fee set by resolution of the Board of Adjustments sufficient to cover the cost of handling the application as prescribed herein.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,117.2.)

A.

The Board of Adjustments shall hold at least one public hearing on each application for a use permit within forty-five (45) days of the date when the application was filed.

B.

Notice of the public hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing in the manner prescribed by the Board of Adjustments.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,117.3.)

At the public hearing the Board of Adjustments shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated, or maintained, particularly with respect to the findings prescribed in Section 22.40.070 of this Chapter.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,117.4.)

The Zoning Administrator shall make an investigation of the application and shall prepare a report, thereon which shall be submitted to the Board of Adjustments.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,117.5.)

A.

The Board of Adjustments may grant an application for a use permit as the use permit was applied for or in modified form if, on the basis of the application and the evidence submitted, the Board makes the following findings:

1.

The proposed location of the conditional use is in accord with the objectives of this Title, and the purposes of the district in which the site is located;

2.

The proposed location of the conditional use and the proposed conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity;

3.

The proposed conditional use will comply with each of the applicable provisions of this Title.

B.

A use permit may be revocable, may be granted for a limited time period or may be granted subject to such conditions as the Board may prescribe.

C.

The Board may deny an application for a use permit.

D.

A use permit shall become effective upon the expiration of 10 days following the date on which the permit is granted unless an appeal has been taken to the Board of Appeals.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,117.6.)

A.

Within 10 days following the date of a decision of the Board of Adjustments on a use permit application, the decision may be appealed to the Board of Appeals by the applicant or by any other interested party. An appeal shall be made on a form prescribed by the Board of Adjustments and shall be filed with the Planning Department. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Board of Adjustments or wherein its decision is not supported by the evidence in the record.

B.

Within 20 days of the filing of an appeal, the Zoning Administrator shall transmit to the Board of Appeals the use permit application, the scale drawing of the site and the surrounding area and all other data filed therewith, the minutes of the public hearing, the report of the Zoning Administrator, the findings of the Board of Adjustments and its decision on the application.

C.

The Zoning Administration shall give to the applicant and to the appellant (if the applicant is not the appellant) the time when the appeal will be considered by the Board of Appeals. The Zoning Administrator shall also notify all property owners to whom notices of the Board of Adjustments' hearing were mailed.

(Ord. 822 C.S. § 2 (part), 1975: prior code 10,117.7.)

The Board of Appeals shall hear the matter de novo and may affirm, or may reverse or modify the decision of the Board of Adjustments. Approval of the use permit shall require a majority vote of the members of the Board of Appeals voting on the matter. A tie vote shall have the legal effect of denying the use permit.

(Ord. 1275 C.S. § 3, 2000.)

A.

Within 10 days following the date of a decision of the Board of Appeals on a use permit application, the decision may be appealed to the City Council by the applicant or by any other interested party. An appeal shall be made on a form prescribed by the Board and shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Commission or wherein its decision is not supported by the evidence in the record.

B.

Within 5 days of the filing of an appeal, the Zoning Administrator shall transmit to the City Clerk the use permit application, the scale drawing of the site and the surrounding area, and all other data filed therewith, the minutes of the public hearing, the report of the Zoning Administrator, the findings of the Board of Appeals and its decision on the application.

C.

The City Clerk shall give to the applicant and to the appellant (if the applicant is not the appellant) the time when the appeal will be considered by the City Council. The City Clerk shall also notify all property owners to whom notices of the Board of Appeals' hearing were mailed.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,117.9.)

A.

The City Council shall hear the matter de novo and may affirm, or may reverse or modify the decision of the Board of Appeals. Approval of the use permit shall require a majority vote of the members of the City Council voting on the matter. A tie vote shall have the legal effect of denying the use permit.

B.

In the case of an appeal concerning a use permit for a planned unit development, the City Council shall hear the matter de novo and may affirm or may reverse or may modify a decision of the Planning Commission. Approval of the use permit shall require a majority vote of the members of the City Council voting on the matter. A tie vote shall have the legal effect of denying the use permit for the planned unit development.

C.

A use permit which has been the subject of an appeal to the City Council shall become effective 3 days following the date on which the use permit is granted by the City Council.

D.

A fee shall be required of the appellant, said fee to be established and adopted by the City Council from time to time by resolution. Payment of the appeal fee shall be made at the time of the filing of an appeal.

(Ord. 1275 C.S. § 4, 2000; Ord. 865 C.S. § 1, 1977: Ord. 822 C.S. § 2 (part), 1975: prior code § 10,117.10.)

A use permit, unless otherwise limited, shall lapse and shall become null and void 1 year following the date on which the use permit became effective, unless a building permit is issued, and construction commenced on the site. A use permit may be renewed for an additional period of 1 year provided that prior to the expiration of 1 year from the date when the permit originally became effective, an application for renewal of the use permit is filed with the Board of Adjustments. The Board may grant or deny an application for renewal of a use permit. Within 10 days of the date of a decision by the Board denying an application, the decision may be appealed to the Board of Appeals which shall render a decision on the application for renewal.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,117.11.)

A.

A conditional use established prior to enactment of this Title shall be permitted to continue. Alteration or expansion of a conditional use established prior to enactment of this Title shall be permitted upon the granting of a use permit, provided that a use permit shall not be required for accessory structures and uses located on the same site with and necessary for or incidental to the operation of a pre-existing conditional use.

B.

A use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of this Title if the structure is destroyed by fire or other calamity or by act of God or by the public enemy to a greater extent than 50%.

C.

The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Inspector.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,117.12.)

Upon violation of any applicable provision of this title or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a use permit shall be suspended automatically, the Board of Adjustments shall call a public hearing within 60 days in accord with the procedure prescribed in Section 22.40.040 and, if not satisfied that the regulation, general provision or condition is being complied with, may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,117.13.)

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within 1 year from the date of denial or revocation of the use permit.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,117.14.)

A use permit granted pursuant to the provision of this Chapter or Chapter 22.42 of this Title, shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,117.15.)