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Sutter Creek City Zoning Code

CHAPTER 18

60 - CONDITIONAL USE PERMITS

18.60.010 - Conditional use permits.

The following regulations apply to the granting of conditional use permits.

Uses may be permitted by the planning commission and city council in zones from which they are prohibited by this title where such uses are deemed desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the comprehensive general plan. The procedure for filing applications, filing fees, investigation, notices, public hearings, findings and appeal shall be as specified in chapter 18.06, except that the city council upon recommendation of the planning commission may waive public hearings on an application for conditional use permits for public utility or public service uses or public buildings, when found to be necessary for the public health, safety, convenience or welfare.

(Ord. 373, §31(a), 2023)

18.060.020 - Uses permitted in any zone.

The following uses may be permitted in any zone unless limited to specific zones, and upon the granting of a conditional use permit:

A.

Bed and breakfast inns;

B.

Cemeteries, columbariums, mausoleums and mortuaries;

C.

Day care centers (adult/child);

D.

Churches or other places used exclusively for religious worship;

E.

Educational institutions including public and private schools;

F.

Establishments or enterprises involving large assemblages of people or vehicles including: amusement parks, circuses, carnivals, expositions, fair grounds, open air theaters, recreational and sports centers, and recreation vehicle parks;

G.

Hospitals and sanitariums;

H.

Institutions of a philanthropic (benevolent) or eleemosynary (charitable) nature;

I.

Libraries, museums and private clubs;

J.

Large scale neighborhood housing projects having a minimum gross area of five acres;

K.

Mining and natural resources development together with the necessary buildings, apparatus or appurtenances incidental thereto;

L.

Outdoor retail sales;

M.

Parks, playgrounds, parking lots or structures, and community buildings;

N.

Public utility or public service buildings, structures and uses, except as otherwise provided in this ordinance;

O.

New or remodeled residential structures in a commercial or industrial zone;

P.

Existing structures converted to residential uses in a commercial or industrial zone; and

Q.

Golf courses, driving ranges and country clubs.

R.

Special events.

(Ord. 373, §31(b), 2023)

18.60.025 - Reserved.

Editor's note— Ord. 338 §1, adopted Sept. 20, 2010, repealed §18.60.025, which pertained to medical cannabis dispensaries and derived from Ord. 304 §5, adopted Nov. 15, 2004.

18.60.030 - Conditions.

In approving a use permit, the commission may include such conditions as the commission deems reasonable and necessary under the circumstances to preserve the integrity and character of the district and to secure the general purposes of this title and the general plan. Such conditions, without limiting the discretion and authority of the commission in this regard, may include time limitations, architectural and site approval, street dedication, and street and drainage improvements.

18.60.035 - Reserved.

Editor's note— Ord. 338 §1, adopted Sept. 20, 2010, repealed §18.60.035, which pertained to use permits for medical cannabis dispensaries and derived from Ord. 304 §6, adopted Nov. 15, 2004.

18.60.040 - Findings and decisions.

The commission, on the basis of the evidence submitted at the hearing, may grant use permits required by the provisions of this title when it finds that:

A.

The proposed uses of the property are desirable to the public convenience or welfare;

B.

The proposed uses will not impair the integrity and character of the area in which it is located or the zoning district;

C.

The proposed uses would not be detrimental to public health, safety, or general welfare;

D.

There are adequate public utilities and services available for the proposed uses; and

E.

The proposed uses of the property are in harmony with the various elements or objectives of the general plan and the purposes of this title.

(Ord. 373, §31(c), 2023)

18.60.050 - Home occupation use permits.

A.

Applications for a home occupation use permit shall be processed administratively by the planning department.

B.

Home occupation use permits may be granted if the planning department finds:

1.

There are no added vehicle trips;

2.

There is no signage pertaining to the home occupation;

3.

There is no exterior evidence of a home occupation and all equipment, supplies, and materials used in business are stored inside the dwelling or accessory structures;

4.

There is only up to one employee from outside the residence;

5.

The floor area used for the home occupation is no greater than twenty-five percent of the gross floor area.

6.

Products produced by the home occupation are not displayed so as to be visible outside the dwelling unit.

7.

There are no public health or safety risks associated with the home occupation;

8.

There are no limitations to public utilities or services resulting from operation of the home occupation;

9.

The home occupation is secondary to the principal use a residence.

10.

There is only one home occupation per dwelling unit.

(Ord. 373, §31(d), 2023)