Title 19 ZONING
Chapter 19.40 CONDITIONAL PERMITS
19.40.010 Intent.
19.40.020 General.
19.40.030 Application.
19.40.040 Application withdrawal or return.
19.40.050 Application review.
19.40.060 Processing procedure.
19.40.070 Establishment.
19.40.080 Conditions, amendments, modifications.
19.40.090 Extensions.
19.40.100 Expiration of permits.
19.40.110 Reporting.
19.40.010 Intent.
The intent of the conditional permit is to provide the opportunity to
consider establishing uses not specifically permitted within a given use zone
where the proposed use is similar, related or compatible to those permitted uses
and which has some special impact or uniqueness such that its effect on the
surrounding environment cannot be determined in advance of the use being
proposed for a particular location. (Ord. 1684 § 2 (part), 1988)
19.40.020 General.
The commission shall hear and review an application for a conditional
permit and provide a recommendation to the council. (Ord. 1684 § 2 (part),
1988)
19.40.030 Application.
A developer, owner, lessee (holding a recorded lease, the unexpired term
of which is more than five years from the date of filing of the application) or
applicant with notarized written authorization for the application from the
owner may file with the department of planning, an application for a conditional
permit. Upon filing the planning director shall review the application for
completeness. The application shall include the following information and
documentation:
A. A written description which sets forth the nature of
the request and the conditions justifying the request;
B. Documentation
of ownership, or if appropriate, authorization by the landowner;
C. A
scaled site plan showing existing and proposed buildings, parking, and
access;
D. The names, addresses and tax map key numbers of owners and
lessees of record of all real property situated within five hundred feet of the
land on which the proposed action is to occur. Said list shall be based on
current real property tax assessment records of the County and verified by the
department of finance. The applicant shall provide a tax map graphically
depicting the areas within five hundred feet of the subject property boundaries;
and
E. A nonrefundable filing fee in the amount specified in the annual
budget of the County. (Ord. 2984 § 1, 2001: Ord. 1867 § 1 (part),
1989; Ord. 1684 § 2 (part), 1988)
19.40.040 Application withdrawal or return.
If an application is withdrawn or returned, the same or similar
application will not be accepted for processing sooner than six months from the
date of withdrawal or return. (Ord. 1684 § 2 (part), 1988)
19.40.050 Application review.
Upon receipt of a complete application, the planning director shall review
the project parameters, including, but not limited to, location, design,
configuration, and impact by comparing the proposed project to fixed standards.
(Ord. 1684 § 2 (part), 1988)
19.40.060 Processing procedure.
The application shall be processed in accordance with the provisions of
this chapter. (Ord. 1684 § 2 (part), 1988)
19.40.070 Establishment.
A. Upon finding by the appropriate planning commission that reasons
justifying granting of a conditional permit exist, and that the proposed use
would not be significantly detrimental to the public interest, convenience and
welfare, and will be in harmony with the area in which it is to be located;
issuance of a conditional permit may be recommended, subject to such terms and
conditions and for such period of time as the facts may
warrant.
B. Should the commission determine that the permit requested is
for a use which is substantially different from those uses permitted in the use
zone, the commission shall recommend denial of the request and may instruct the
applicant to seek a change of zoning should the facts warrant such an
application.
C. Every conditional permit shall be conditioned upon the
proposed development fully complying with all requirements of this title and
other applicable governmental requirements.
D. Approval of a conditional
permit application shall be through enactment of an ordinance by the council, in
accordance with the provisions of the charter. (Ord. 1985 § 1, 1991: Ord.
1684 § 2 (part), 1988)
19.40.080 Conditions, amendments, modifications.
A. Conditional permits may be issued subject to such terms and conditions
deemed reasonable and necessary to fulfill the intent and purposes of this
title. All changes in the use or appearance of land or buildings allowed by the
permit shall be in accordance with the specified conditions and the proposal as
approved. Such permit shall be issued subject to compliance with and/or
fulfillment of such terms and conditions and shall so state.
B. Any
person who has been issued a conditional permit may request the commission to
review a request to amend or delete any terms, conditions and time stipulations
imposed upon such permit.
C. The commission on request or on its own
initiative may recommend action to revoke any conditional permit or amend or
delete any terms, conditions, and time stipulations of such conditional permit
if such action is deemed necessary to effectuate the purpose and intent of this
chapter. The commission shall provide due notice in writing to the
applicant/permittee and an opportunity for a hearing. (Ord. 1684 § 2
(part), 1988)
19.40.090 Extensions.
Conditional permits shall not be extended unless the terms of the initial
issuance explicitly provide for same. In any case, extensions must be applied
for no later than ninety days prior to expiration and shall be made and approved
in the same manner as an original application. If the administration determines
that there has been no substantial change in the factors surrounding the
original application, no public hearing need be held. (Ord. 1684 § 2
(part), 1988)
19.40.100 Expiration of permits.
Each permit and the ordinance enacting same shall state the duration of
the permit and if a specific expiration date is stated such permit shall expire
and be repealed on said date without further action. (Ord. 1684 § 2 (part),
1988)
19.40.110 Reporting.
The department of public works shall submit to the county council
quarterly reports on the status of all conditional permits. (Ord. 1684 § 2
(part) 1988)
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