Editor's note— Ord. No. 977, Exh. A A4. adopted Oct. 11, 2011, deleted Art. V, which pertained to mobile home certificate of compatibility and derived from Ord. 336, 1977; Ord. 457, 1981.

The provisions in this article apply equally to applications for conditional use permits, and variances.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

A.

Except as provided in subsections B and C of this section, the planning commission is authorized to grant conditional use permits, and variances pursuant to the provisions of this chapter.

B.

The planning commission shall recommend to the council and the council shall take final action on any application for a conditional use permit, variance or adult entertainment waiver for the following:

1.

Nonresidential buildings or groups of buildings on one parcel in any zone with gross square footage of one hundred fifty thousand square feet or more;

2.

Residential buildings with a height of greater than thirty feet, or with more than two stories;

3.

Nonresidential buildings or structures with a height of greater than forty feet, or with more than three stories;

4.

All uses listed as M-2 zone conditional uses in Section 17.56.020, except retail sales and personal service establishments and service stations;

5.

Surface mining and quarrying operations;

6.

Special uses listed in Section 17.64.010;

7.

Waiver of locational provisions for adult entertainment businesses under Section 17.79.040; and

8.

Any application for a conditional use permit or variance, which is filed and/or is to be heard contemporaneously with another application for a land use entitlement for which the council is the final decision making body.

C.

The community development director is authorized to grant conditional use permits for mobile pushcart vending facilities in accordance with the provisions of Article VI of this chapter.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

A.

Applications for a variance or conditional use permit shall include those items specified in Section 17.82.030, except subsection G thereof, and, in addition:

1.

A complete site plan drawn to a scale prescribed by the community development director showing existing and proposed structures and their intended use;

2.

Applications for a variance shall be accompanied by a written statement indicating the unusual or special circumstances or conditions applicable to the property or class of use in the same zone, and stating the reasons why a variance should be granted;

3.

The tenant of the property who holds a lease thereon may apply for a conditional use permit or variance without complying with subsection E of Section 17.82.030; provided, that the planning commission determines that the required change will not detrimentally nor permanently affect the property or its use at the termination of the lease. The property owners are to be notified of the application as per Section 17.70.040.

4.

A Preliminary Grading Plan. When the grading plan is revised after the variance or conditional use permit and preliminary grading plan have been considered and approved at a public hearing, the revised plan shall be filed with the director and shall be subject to the same hearing process and findings requirements as the original application, except that the subsequent hearings and decisions shall be limited to the revised grading plan and the effects of the revisions on the originally approved project.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

Noticing shall be consistent with the requirements of [Section] 17.02.080.

(Ord. No. 977, Exh. A, A4., 10-11-2011; Ord. No. 1061, § 5, 12-13-2016; Ord. No. 1072, § 6, 6-13-2017)

Editor's note— Ord. No. 1061, § 5, adopted Dec. 13, 2016, changed the title of § 17.70.040 from "Public hearing—Notice" to read as herein set out.

A.

At the close of the hearing, the planning commission shall take action to grant, grant with conditions, or deny the application for a conditional use permit, or variance, except for those applications described in Section 17.70.020B.

B

For those applications described in Section 17.70.020B, the planning commission, at the close of the hearing, shall render its decision in the form of a written report and recommendation to the council. The report shall be transmitted to the council by memorandum.

C.

Upon receipt of a recommendation to grant or grant with conditions from the planning commission under subsection B of this section, the council shall hold a public hearing on the application. If the planning commission has recommended denial of the application, no hearing and no further action shall be taken by the council unless an appeal is timely filed under Chapter 17.86 of this code. The hearing shall be noticed in the manner described in Section 17.70.040. At the close of the hearing, the council shall take action to grant, grant with conditions or deny the application.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

The decision making body may condition the granting of a variance, or conditional use permit as it deems necessary to effect the purpose of this code. Such conditions may include but are not limited to:

A.

Dedications of rights-of-way;

B.

Improvements of vehicle access to the subject property to city standards;

C.

Regulation of the placement of the use or building on the subject property;

D.

Regulation of the height and the number of stories of a building;

E.

Regulation of the nature, hours of operation, or extent of use;

F.

Regulation of landscaping for the protection of adjoining and nearby property;

G.

Noise attenuation measures;

H.

Expiration date.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

Upon the grant of the variance, conditional use permit, or mobile home certificate of compatibility, the decision making body shall prepare and deliver to the applicant within five days a written statement thereof stating the fact of the grant and any conditions attached thereto. A copy shall also be delivered to the building inspector and other concerned city officials. The decision on an application for a variance, conditional use permit, or mobile home certificate of compatibility shall not become final, nor shall a permit or license of any kind be issued, until the time in which an appeal may be filed has elapsed. The finaling of an appeal shall stay the issuance of a variance, or a conditional use permit until the appeal is finally determined.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

A.

Unless a different time period is prescribed by the decision making body, a conditional use permit, or variance shall expire two years after the effective date of the approval, unless the rights conferred thereby have commenced to be exercised within that period.

B.

Where the rights conferred by a conditional use permit or a variance are not exercised for a continuous period of six months or more, such permit or variance shall become null and void.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

The original decision making body shall hold a public hearing for the purpose of either modifying or revoking any variance, or conditional use permit which has been granted pursuant to the provisions of this chapter or any ordinance superseded by this code. Public hearings shall be held and notice given in accordance with the provisions of this article for the grant of conditional use permits, or variances.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

After the public hearing as provided above, the decision making body may revoke or modify a conditional use permit, or variance for any one or more of the following reasons:

A.

That such approval was obtained by fraud;

B.

That any person making use of or relying upon the conditional use permit, or variance is violating or has violated any condition of such conditional use permit, or variance, or that the use for which the conditional use permit, or variance was granted is being or has been exercised contrary to the terms and conditions of such approval, or that the use for which the approval was granted is so exercised as to be detrimental to the public health, safety, or general welfare and constitutes a public nuisance.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

An application for a variance, or conditional use permit shall not be accepted for a period of one year following the denial or revocation of substantially the same conditional use permit, or variance for the same premises.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

The planning commission may permit the withdrawal of an application for a conditional use permit, or variance.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

A.

A variance may be granted when it is determined by the decisionmaking body that;

1.

The applicant has shown that because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the requirements of this title is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications; and

2.

The decisionmaking body has found that the grant of the variance would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated.

B.

The decisionmaking body shall not grant a variance which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property for which the variance is requested.

C.

Whether or not the decisionmaking body grants the variance, the decisionmaking body shall set forth in writing the findings of fact upon which it based its decision.

(Ord. 581 § 8, 1988: Ord. 336 § 3.02.000, 1977).

A.

Conditional use permits may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this title. Because of their unusual characteristics, conditional uses require special consideration so that they may be located and developed properly with respect to the objectives of this title and with respect to their effect on surrounding property.

B.

The grant of a conditional use permit shall be based on a finding by the decisionmaking body that the establishment, maintenance or operation of the use, building or structure applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the city.

C.

Whether or not it approves the conditional use permit, the decisionmaking body shall set forth in writing the findings of fact upon which it based its decision.

(Ord. 581 § 9, 1988: Ord. 336 § 3.03.000, 1977).

From time to time persons in possession of property desire to use property for purposes which are not specifically provided for in this chapter. In order to carry out the intent of this chapter to promote the general welfare of the community, a conditional use permit may be granted for uses which are not provided for in the zoning classification, subject to the following:

A.

A finding that the use is substantially similar in character to a use or uses within the zoning classification applicable to the property;

B.

A finding that the use would be appropriate in the zoning classification applicable to the property as a conditional use;

C.

A finding that the proposed use, with the appropriate conditions, will not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

(Ord. 581 § 10, 1988: Ord. 336 § 3.03.010, 1977).

Certain situations occur in which the precise requirements of this title may be varied to accommodate the needs of a particular lot or parcel without substantially affecting adjoining properties or injuring the public health, safety or welfare. It is the intent of this article to provide a mechanism for the administrative approval of minor deviations from the provisions of this title.

(Ord. 399 (part): Ord. 336 § 3.04.000, 1977).

In accordance with the provisions of this article, the planning director may administratively grant a variance from the requirements of this title as follows:

A.

He may decrease the required lot depth, lot width or lot area for a lot in a particular zone by not more than ten percent; provided, that the lot cannot reasonably be combined with other property to create a lot of sufficient size. This section shall not be used solely for the purpose of permitting a subdivider to increase the number of lots in a subdivision.

B.

He may decrease any front setback, interior or street side setback or rear yard setback by not more than ten percent.

C.

He may increase the permitted height of any building or structure (including any fence, hedge or wall) by not more than ten percent.

D.

He may increase the permitted lot coverage by not more than ten percent.

(Ord. 399 (part): Ord. 336 § 3.04.010, 1977).

An application for a variance of the type permitted by Section 17.70.170 shall be made in writing to the planning director. The application shall contain the information required by the planning director.

(Ord. 399 (part): Ord. 336 § 3.04.020, 1977).

A.

The planning director may grant, conditionally grant, or deny the application. He shall make findings in support of his decision.

B.

The planning director may act on the application without notice to adjoining owners of property affected by the variance and without a hearing. If he grants or conditionally grants the variance, he shall give notice of his action to those persons who would have received notice of a hearing before the planning commission had the application been for a variance under Article II. Such notice shall specify that any interested person (other than the applicant) may appeal the action of the planning director in the manner provided by Chapter 17.86.

(Ord. 399 (part): Ord. 336 § 3.04.030, 1977).

A.

The action of the planning director on the application shall be binding on the applicant and he shall have no appeal therefrom.

B.

Nothing in this section shall prevent an applicant whose application has been denied, or who objects to the condition(s) of approval, from initiating an application for a variance under the provisions of Article II.

(Ord. 399 (part): Ord. 336 § 3.04.040, 1977).

A.

The planning director shall maintain a record of his actions, including the findings made, on all applications submitted under this article.

B.

The planning director shall periodically advise the planning commission, in writing, of his actions on all applications submitted.

(Ord. 399 (part): Ord 336 § 3.04.050, 1977).

A.

Upon receipt of an application for a conditional use permit for a mobile pushcart vending facility, the planning director may grant, grant with conditions, or deny the application. The decision will be in writing, setting forth the findings of fact supporting the decision, and shall be served on the applicant within five days. The decision is subject to a ten-day appeal period and shall not become final until such time as this period expires.

B.

The planning director may act on the application without prior notice to adjoining owners of property affected by the conditional use permit and without a hearing. If the planning director grants or conditionally grants the conditional use permit, he/she shall give notice of the action to those persons who would have received notice of a hearing before the planning commission had the application been for a conditional use permit under Article III. Such notice shall specify that any interested person may appeal the action of the planning director in the manner provided by Chapter 17.86.

C.

The grant or conditional grant of a conditional use permit for a mobile pushcart vending facility shall be based on a finding by the director that the establishment, maintenance or operation of the use and facility will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the city.

(Ord. 674 § 12 (part), 1993).

The following mobile pushcart vending uses are exempt from the regulations and requirements of this chapter:

A.

Mobile pushcart vending facilities not visible from the public right-of-way and located on or adjacent to interior walkways within an open, as opposed to an enclosed, shopping center comprised of two or more buildings;

B.

Mobile pushcart vending facilities located within enclosed retail buildings, shopping centers and malls;

C.

Mobile pushcart vending facilities operating in conjunction with special event uses as governed by Chapters 17.63 and 17.64 of this title.

(Ord. 674 § 12 (part), 1993).

The planning director shall prescribe the forms and documents to be filed for a mobile pushcart vending permit. The forms and documents shall be filed with the planning director and accompanied by the following:

A.

A description of the site which may include a map drawn to scale showing lot lines and dimensions, ingress and egress points, improved areas, grading plans, parking and traffic control locations. In addition, a description and location of the mobile pushcart vending facility, its signs and equipment, such as tables, chairs, etc., may also be required;

B.

A fee as specified in the current city council fee resolution;

C.

Written authorization of the subject property owner or his/her designated representative agreeing to the placement and operation of the mobile pushcart vending facility;

D.

A written letter describing the mobile pushcart vending facility's nature of business and hours of operation;

E.

Such additional information as the planning director deems as necessary.

(Ord. 674 § 12 (part), 1993).

A conditional use permit for a mobile pushcart vending facility shall be valid for one year.

(Ord. 674 § 12 (part), 1993).

A mobile pushcart vending facility shall comply with the following development standards:

A.

The use is to be on improved private property;

B.

The use shall not be within two hundred feet of another mobile pushcart vending facility;

C.

The use shall not be within fifteen feet of any fire hydrant;

D.

The use shall not occupy more than ten percent of the subject property's existing parking area, or more than four hundred square feet, whichever is less. Such area shall be identified on the mobile pushcart vending facility application materials;

E.

The use shall be sited with consideration given to the triangular visibility area of an intersection so as not to obstruct the visibility of motorists, pedestrians and bicyclists to assure the public's health and safety;

F.

The use shall include trash receptacle(s). Such receptacles shall be maintained so as to not create an offending odor or visual nuisance;

G.

The area on which the mobile pushcart vending facility is located shall be kept free of debris;

H.

The use shall not reflect undesirable light and glare from the designated premises;

I.

The use shall not use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound in connection with the promotion of a mobile pushcart vending facility;

J.

The permittee shall maintain a written agreement giving the permittee and his/her agents the right to use permanent sanitary facilities located no more than three hundred feet from the approved location;

K.

The pushcart shall not be used to sell any merchandise to any person who is in a motor vehicle within a travel lane at the time of a sale. Merchandise may be sold to a person in a motor vehicle within a designated parking area;

L.

The pushcart shall not be greater than ten feet in height;

M.

Signage shall not exceed a total of thirty square feet. The signage shall be limited to the signs which may be single- or double-sided. The signage shall not exceed ten feet in height and be located on the pushcart site;

N.

Sale of product shall be from the approved mobile pushcart vending facility and not from additional accessory stands, tables, chairs or other devices other than those permitted as indicated on the application;

O.

The use shall be located on a generally level portion of a site and an adequate breaking system be provided for, as necessary.

(Ord. 674 § 12 (part), 1993).

An appeal of a decision shall be made in accordance with the procedures specified in Chapter 17.86 of this title.

(Ord. 674 § 12 (part), 1993).