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Walnut City Zoning Code

CHAPTER 6

64 CONDITIONAL USE PERMITS

§ 6.64.010 Purpose.

The principal objective of this chapter is to provide for the proper location of various types of land use, and to that end to classify, insofar as it is practicable to do so, types of land use in order to provide one or more zones in which such uses shall be permitted. It is recognized, however, that certain types of land use require special consideration prior to their being permitted in a particular zone, the reasons for requiring such special consideration involving, among other things, the size of the area required for the full development of such uses, the nature of the traffic problems incidental to their operation, the effect which such uses may have on adjoining land uses and on the growth or development of the community as a whole. This chapter, therefore, provides that certain uses may be permitted in any zone unless expressly prohibited, subject to the securing of a conditional use permit. The Commission, therefore, upon application being made to it, in accordance with the provisions hereinafter set forth, as an administrative act, may grant a conditional use permit for any use listed, whenever it is found necessary or desirable for the development of the community, and in harmony with the various elements or objectives of this chapter, and not detrimental to the existing uses or the uses specifically permitted in the zone in which the proposed use is to be located. In granting any such conditional use permit the Commission may impose such conditions, which shall be set forth in the permit, as it may determine to be necessary in order to safeguard and protect the public health, safety and general welfare, and to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses. Nothing construed herein shall be deemed to require the Commission to grant a conditional use permit.

§ 6.64.020 Grounds for issuance generally.

The uses listed in the foregoing section may be permitted only when the use is deemed by the Commission, after action upon a specific application, that the use will not be detrimental to the neighborhood or the public in general. Nothing construed herein shall be deemed to require the Commission to grant the request.

§ 6.64.030 Other uses for which a conditional use permit may be issued.

Whenever in any zone certain uses are listed as permissible, subject to the issuance of a conditional use permit, a conditional use permit can be issued; provided, that the conditions precedent as set forth in the following section are satisfied and complied with. Further whenever a lot or tract of land cannot reasonably be used for any purpose permitted in the zone in which such property is situated, the Commission, after first finding this to be the fact, may grant a conditional use permit for any other use, even though such use is not mentioned above; provided, that the conditions precedent as set forth in the following section are satisfied and complied with.

§ 6.64.040 Procedure for obtaining.

A. 
The applicant shall set forth in detail on forms provided by the Commission, the reasons for the requested conditional use permit; shall show thereon how all the conditions set forth in this section are satisfied and other information requested by the Commission.
B. 
All conditional use permits may be granted by the Commission only after a public hearing. Before the Commission may grant any request for a conditional use permit, it must make a finding of fact by resolution that the evidence presented shows that all the following conditions exist:
1. 
That the use applied for at the location set forth in the application is property for which a conditional use permit is authorized by this chapter;
2. 
That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of this chapter and will not create conditions materially detrimental to the public health, safety and general welfare, or injurious to or incompatible with other properties or land uses in the vicinity;
3. 
That the site for the intended use is adequate in size and shape to accommodate the use and all of the yards, setbacks, walls or fences, landscaping and other features required in order to adjust the use to those existing or possible future uses on land in the neighborhood;
4. 
That the site for the proposed use relates to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use.

§ 6.64.050 Appeals from action of Commission.

Any action of the Commission shall be subject to appeal by any interested person pursuant to Section 6.80.170.

§ 6.64.060 Expiration.

A. 
Every conditional use permit issued shall terminate and become void unless:
1. 
The applicant shall, within 60 days from the issuance of such permit, file with the City Clerk his or her written acceptance or agreement to the terms and conditions, if any, imposed by such permit;
2. 
The use authorized by such permit shall be commenced, or construction necessary and incident thereto shall be begun on or before the time limit specified in such permit and thereafter diligently advanced, or if no time is specified, on or before 180 days after the date such permit was approved by the Commission.
B. 
In all cases, the Commission, for good cause shown, either before or after the expiration of such time limit, may extend such time limit, in which event the permit shall be extended for the time specified.

§ 6.64.070 Termination.

Conditional use permits may be revoked or modified by the Commission or the Council after a public hearing on any one or more of the following grounds:
A. 
That the approval was obtained by fraud;
B. 
That the use for which such approval is granted is not being exercised within the time specified in such permit;
C. 
That the use for which such approval was granted has ceased to exist or has been suspended for one year or more;
D. 
That the permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
E. 
That the use for which the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.

§ 6.64.080 Existing permits.

Any conditional use permit issued prior to the effective date of this chapter shall remain in full force and effect in accordance with the terms thereof; provided, that such conditional use permit is subject to modification or revocation for any of the reasons set forth in this chapter.