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Sunset City Zoning Code

CHAPTER 6

CONDITIONAL USES

10-6-1: PURPOSE AND INTENT:

The purpose and intent of conditional uses is to allow in certain areas compatible integration of uses which are related to the permitted uses of the zone, but which may be suitable and desirable only in certain locations in that zone due to conditions and circumstances peculiar to that location and/or upon certain conditions which make the uses suitable and/or only if such uses are designed, laid out and constructed on the proposed site in a particular manner. (Ord. 16-18-78, 6-22-1978)

10-6-2: CONDITIONAL USE PERMIT REQUIRED:

A conditional use permit shall be required for all uses listed as conditional uses in the zone regulations. A conditional use permit may be revoked by the City Council after review and recommendation by the Planning Commission upon failure to comply with the conditions imposed with the original approval of the permit. (Ord. 16-18-78, 6-22-1978)

10-6-3: APPLICATION; PROCEDURE:

   A.   Made To Planning Commission: Application for a conditional use permit shall be made to the Planning Commission.
   B.   Information Submitted: Detailed location, site and building plan shall accompany the complete application forms, which are provided by the City. For structures in existence, only a location plan need be provided.
   C.   Consideration: The application, together with all pertinent information, shall be considered by the Planning Commission at its next regularly scheduled meeting.
   D.   Public Hearing: The Planning Commission may call a specific public hearing on any application after adequate notice if it is deemed in the public interest.
   E.   Recommendation To City Council: The Planning Commission shall forward to the City Council its recommendation for the denial or issuance of the conditional use permit with any proposed conditions of approval; it shall also forward detailed minutes of any public hearing that was held in conjunction with the matter. (Ord. 16-18-78, 6-22-1978)

10-6-4: BASIS FOR ISSUANCE:

The City Council shall not authorize a conditional use permit unless evidence is presented to establish:
   A.   Necessity: That the proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the community; and
   B.   Compatibility: That such use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons nor injurious to property and improvements in the community, but will be compatible with and complimentary to the existing surrounding uses, buildings and structures when considering, but not limited to, effect on adjacent property values, traffic, esthetics, pollution, parking, landscaping, location of structure on parcel and signs; and
   C.   Compliance: That the proposed use will comply with the regulations and conditions specified in this Title for such use; and (Ord. 16-18-78, 6-22-1978)
   D.   Conformity: That the proposed use conforms to the goals, policies, intent and governing principles of the Master Plan. (Ord. 16-18-78, 6-22-1978; 1997 Code)

10-6-5: DETERMINATION:

   A.   By City Council: The City Council may deny or permit a conditional use to be located within any zone in which the particular conditional use is permitted. In authorizing any conditional use, the City Council shall impose such requirements and conditions necessary for the protection of adjacent properties and the public welfare.
   B.   Decision Final: The decision of the City Council shall be final. (Ord. 16-18-78, 6-22-1978)

10-6-6: BUILDING PERMIT; APPLICATION:

Following the issuance of a conditional use permit, the Building Inspector shall review the permit and the conditions attached. Based on this review and compliance with any other items that might develop in the pursuance of his duties, the Building Inspector may approve an application for a building permit and shall ensure that development is undertaken and completed in compliance with said conditional use permit and building permit. (Ord. 16-18-78, 6-22-1978)

10-6-7: EXPIRATION; EXTENSION:

Unless there is substantial action under a conditional use permit within a period of one year of its issuance, the conditional use permit shall expire. The Planning Commission may grant a single extension not to exceed six (6) months under exceptional circumstances. (Ord. 16-18-78, 6-22-1978)