Division VI. Administration of Zoning Ordinance

Chapter 17.60


17.60.010    Intent.

17.60.020    Uses permitted subject to a conditional use permit.

17.60.030    Application.

17.60.040    Filing fee.

17.60.050    Public notice and planning commission hearing.

17.60.060    Planning commission consideration and findings.

17.60.070    Appeal – Procedure.

17.60.080    Appeal – Decision.

17.60.090    Revocation.

17.60.010 Intent.

A. Uses permitted subject to a conditional use permit are those uses necessary for the development of community, having inherent qualities or characteristics which, unless provided for, would cause such uses to be incompatible or inharmonious with adjacent or nearby permitted uses. The procedures identified in this chapter are intended to provide means whereby the planning commission may modify such uses to the extent that such uses can be made compatible and harmonious with adjacent uses. In granting a conditional use permit, the planning commission may allow deviations from the yard, wall and fence, height and lot size regulations of the zone. This flexibility is intended to provide necessary means by which certain land uses can be designed and arranged in accord with existing conditions of the neighborhood, site, topographic and street conditions, as well as the use of various design concepts.

B. The procedures identified in this chapter are further intended to control conditions of certain uses in the various zones. (Ord. 441 § 1, 2000).

17.60.020 Uses permitted subject to a conditional use permit.

Uses permitted include only those listed or described in the “conditional uses” portion of the various zones. (Ord. 441 § 1, 2000).

17.60.030 Application.

A. As depicted on Figure 17.60-1 at the end of this chapter, application for a conditional use permit may be made by a property owner or his authorized agent upon forms provided by the city clerk and giving such information as may be prescribed by the secretary of the planning commission. At this time, the application will be reviewed for completeness by the city clerk based on the following guidelines.

B. If application is deemed incomplete, the application is returned to the applicant. If application is deemed complete, the city clerk shall accept the application.

1. Every application for a conditional use permit shall be accompanied by a drawing or plot plan, drawn to scale and showing the lot and building site or sites, the proposed locations of the building or buildings on the lot, accurate dimensions of the buildings, of the yards and of the lots, and such other information as may be necessary to provide for the enforcement of these regulations or the intelligent consideration of the conditional use permit request.

2. Environmental documentation as described in Chapter 17.12 HMC shall be prepared. (Ord. 441 § 1, 2000).

17.60.040 Filing fee.

As depicted on Figure 17.60-1, the city clerk shall charge and collect a filing fee for such application, as determined by resolution of the city council. (Ord. 441 § 1, 2000).

17.60.050 Public notice and planning commission hearing.

A. Upon receipt of the application in proper form, the city clerk shall place the item on the planning commission’s agenda for public hearing not more than 30 days after the date the application is determined to be complete.

B. Notice of public hearing shall be given for the time and in the manner as established by resolution of the city council, which shall be either:

1. By mailing said notice postage prepaid at least 10 days prior to the public hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of 300 feet from the exterior boundaries of the applicant’s property; or

2. By publication of said notice in an official newspaper of the city and by posting of said notice in a conspicuous place on or close to the property at least 10 days prior to the hearing. (Ord. 441 § 1, 2000).

17.60.060 Planning commission consideration and findings.

A. Within 30 days after the conclusion of the public hearing, the planning commission shall approve, conditionally approve, or deny the conditional use permit application. Notice of the action taken shall be mailed to the applicant.

B. The planning commission, in approving a conditional use permit, shall by resolution adopted by an affirmative vote of not less than the majority of all its voting members find as follows:

1. That the site for the proposed use is adequate in size and topography to accommodate said use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly adjust such use with the land and uses in the vicinity;

2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

3. That the proposed use will have no adverse effect upon abutting property;

4. That the conditions stated in the decision are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to:

a. Regulation of use;

b. Special yards, spaces and buffers;

c. Special fences, solid fences and walls;

d. Surfacing of parking areas;

e. Requiring street, service road or alley dedications and improvements or appropriate bonds;

f. Regulation of points of vehicular ingress and egress;

g. Regulation of signs;

h. Requiring maintenance of the grounds;

i. Regulating noise, vibration and odors;

j. Regulation of hours for certain activities;

k. Time period within which the proposed use shall be developed;

l. Duration of use;

m. Requiring the dedication of access rights; and

n. Other such conditions as will make possible the development of the city in an orderly manner;

5. The planning commission shall, in addition to any special conditions, impose the following general conditions upon every conditional use permit granted:

a. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure;

b. All of the special conditions shall constitute restrictions running with the land and shall be binding upon the owner of the land, his successors or assigns;

c. All of the special conditions shall be consented to in writing by the applicant; and

d. The resolution granting the application, together with all consent forms, shall be recorded by the recorder of Imperial County. (Ord. 441 § 1, 2000).

17.60.070 Appeal – Procedure.

A. As depicted on Figure 17.60-1 provided at the end of this chapter, a written appeal may be taken to the city council by the applicant for conditional use permit or by any person, firm, corporation, group or association owning real property within 300 feet of conditional use applicant’s property, aggrieved or affected by the decision of the planning commission with respect to any applicant.

B. Such appeals shall be filed in duplicate with the city clerk within 10 days from the date of action by the planning commission or from the expiration of the 30-day period described in HMC 17.60.060.

C. The appeal shall specifically state the grounds for the appeal and how the planning commission failed to conform to the requirements of these regulations.

D. Before accepting an appeal, the city clerk shall charge and collect a fee as determined by resolution of the city council.

E. The city clerk shall immediately transmit one copy of said appeal to the building inspector, who shall inspect the appeal for defects and validate said appeal within 48 hours of receipt. If said appeal is defective for any reason, the building inspector shall send immediate notice to the applicant of the fact and the type and nature of said defect or defects. (Ord. 441 § 1, 2000).

17.60.080 Appeal – Decision.

The city council may by resolution reverse or affirm, wholly or in part, or may modify any decision, determination or requirement of the planning commission, but before doing so, the city council must set the matter for hearing, give notice of such hearing as is provided in HMC 17.60.050, and must make a written finding of fact stating where the planning commission’s findings were in error. A majority vote of the city council shall be required to grant in whole or in part any appealed application for a conditional use permit which was denied by the planning commission. (Ord. 441 § 1, 2000).

17.60.090 Revocation.

A. The planning commission may, by resolution and after public hearing with notice in accordance with HMC 17.60.050, revoke any conditional use permit for noncompliance with any of the conditions set forth in the resolution granting the application. Written notice of intention to revoke shall be mailed to the applicant not less than 30 days before the planning commission action. Said revocation may be appealed in the manner provided in HMC 17.60.070. Similarly, if the circumstances surrounding the granting of a conditional use permit have substantially changed, the planning commission may, on a vote of not less than four-fifths of its members, revoke any conditional use permit.

B. If an established time limit for development expires, or if a time limit for the duration of the continuation of the use has been established as one of the conditions, said permit shall be revoked upon such date of expiration without any notification of the owners thereof.

C. The revocation of the conditional use permit shall have the effect of denying all rights granted by the conditional use permit. (Ord. 441 § 1, 2000).