Wilbur City Zoning Code
CHAPTER 18
28 UNCLASSIFIED AND CONDITIONAL USES
§ 18.28.010 Classification of unlisted uses.
In creating use zones, the council has considered the characteristics of uses which make them comparable, compatible or similar. The council recognizes that it is not possible to enumerate and classify every use to which land may be devoted, either now or in the future, and that ambiguity may exist with reference to the appropriate and consistent classification of a use. There-fore:
A.
When any known and identifiable use is not listed as a permissible use in any zone; or
B.
When any use has not come into existence by reason of any technical development in the trades, sciences and equipment; or
C.
When any use already listed in the zone which, because of any process, equipment or materials used, possesses different performance standards than those which are usually associated with the uses in the zone as presently classified and which, therefore, makes it reasonable that such a use should be placed in the more restrictive zone, it shall be the responsibility and duty of the planning commission to ascertain all pertinent facts relating to any such use and make what it deems to be appropriate recommendations for zoning. Any proceedings under this chapter shall be processed as an amendment.
(Ord. 108-B § 8.01, 1980)
§ 18.28.020 Unclassified uses–Declaration of purpose.
All of the following uses described in this chapter, and all matters directly related thereto, are declared to be uses possessing characteristics of such unique and special form as to make impractical their being included automatically in any classes of use as set forth in the zones previously defined, and the authority for the location and operation thereof shall be subject to review and the issuance of a use permit. The purpose of a review shall be to determine that the characteristics of any such use shall not be unreasonably incompatible with the types of uses permitted in surrounding areas and for the further purpose of stipulating such conditions as may assure that the basic purpose of this shall be served.
(Ord. 108-B § 8.02, 1980)
§ 18.28.030 Uses requiring unclassified use permit.
The following uses may locate subject to the issuance of an unclassified use permit processed as provided in this chapter:
A.
Airports, landing field and heliports;
B.
Transfer stations (refuse and garbage) when operated by a public agency or under license to a public agency;
C.
Dumps, public or private, and commercial incinerators;
D.
Electric generating plants;
E.
Correctional institutions;
F.
Quarrying, mining, landfills and excavations;
G.
Rock crushers, concrete batching plants and asphalt batching plants;
H.
Public utility power facilities;
I.
Refuse disposal sites, provided sanitary landfill is used;
J.
Sewage treatment plants;
K.
Off-site hazardous waste treatment and storage facilities.
(Ord. 108-B § 8.03, 1980; Ord. 188-B (part), 1987)
§ 18.28.040 Conditional use permit–Purpose.
The purpose of a conditional use permit shall be:
A.
To assure, by means of imposing special conditions and requirements on development, that the compatibility of uses shall be maintained, considering other existing and potential uses within the general area or the proposed use;
B.
The conditions imposed shall be those which will reasonably assure that nuisance or hazard to life or property will not develop. The planning commission may not use a conditional use permit to reduce the zoning requirements of the zone in which the use is to locate. Such reduction of requirements shall be accomplished through the medium of a variance.
(Ord. 108-B § 8.04, 1980)
§ 18.28.050 Conditional use permit–When required.
A conditional use permit shall be required for all those uses identified as conditional uses under each zoning classification of this title. Uses not listed therein shall be deemed to be unlisted uses and subject to the provisions for unlisted uses described in this section.
(Ord. 108-B § 8.05, 1980)
§ 18.28.060 Area and dimensional regulations.
The requirements for area and dimensional standards applicable to the particular zone in which any such use is proposed to be located shall prevail.
(Ord. 108-B § 8.06, 1980)
§ 18.28.070 Permit–Application.
A.
Unclassified use permits may be granted upon filing an application therefor by a property owner or a lessee, in conformity with Chapter 18.48 of this title. The procedure to be followed in processing such permits shall be the same as set forth in Chapter 18.56 for amendments.
B.
Conditional use permits may be granted subject to the procedural requirements as set forth in Chapter 18.48 of this title.
(Ord. 108-B § 8.07, 1980)
