Chapter 18.95
USE PERMITS

Sections:

18.95.010    Requirement.

18.95.020    Approval authority.

18.95.030    Procedures – Application, notice and public hearing, decision, effective date, appeal.

18.95.040    Required findings.

18.95.050    Conditions of approval.

18.95.060    Lapse of approval – Changes to plans – Revocation.

18.95.070    Resubmittal of application.

18.95.010 Requirement.

A use permit is required for certain uses to be located within a zoning district. Generally, a use permit is required because the use classification has unusual site development features or operating characteristics which require special consideration to be compatible with the surrounding area.

An application for a temporary use permit is governed by PHMC Chapter 18.100. (Ord. 710 § 35-29.1, 1996; 1991 code § 35-29.1)

18.95.020 Approval authority.

The planning commission has the authority to approve use permits, except that the zoning administrator has the authority to approve an application for a minor use permit. A minor use permit is a use permit pertaining to an existing structure or portion of a structure located in any zoning district. The zoning administrator, in his or her discretion, may refer a minor use permit application directly to the planning commission. (Ord. 757 § 4, 2001; Ord. 710 § 35-29.2, 1996; 1991 code § 35-29.2)

18.95.030 Procedures – Application, notice and public hearing, decision, effective date, appeal.

A. Application. The applicant shall submit a request for a use permit to the zoning administrator on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. A use permit application for certain uses in a residential zoning district is subject to pre-application review by other agencies, pursuant to PHMC § 18.20.075.

B. Notice and public hearing. The planning commission, or the zoning administrator for a minor use permit, shall hold a public hearing on an application for a use permit, and shall hear testimony for and against the application.

The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the application is deemed complete. When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator may schedule a combined public hearing.

Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice.

C. Decision. The hearing body shall approve, conditionally approve or deny an application within 20 working days after the close of the public hearing. The zoning administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. In the case of the planning commission, or city council on appeal, the date of the decision is the date the commission or council adopts the resolution.

D. Effective date. A decision under this chapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed.

E. Appeal. A decision of the zoning administrator may be appealed to the planning commission, and a decision of the planning commission may be appealed to the city council, all in accordance with the appeal procedures of PHMC Chapter 18.130. (Ord. 867 § 12, 2012; Ord. 727 § 16, 1998; Ord. 710 § 35-29.4, 1996; 1991 code § 35-29.4)

18.95.040 Required findings.

The planning commission (or zoning administrator, for a minor use permit) may approve an application for a use permit if it finds all of the following to be true, based on the application, plans, materials and testimony submitted at the public hearing:

A. The proposed use will not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of the proposed use;

B. The proposed use will not be injurious or detrimental to adjacent properties or to property in the neighborhood or to the general welfare of the city; and

C. The proposed use is consistent with the policies and goals established by the general plan.

D. In addition, if the use permit is for a residential use in a residential zoning district pursuant to PHMC § 18.20.075, the following additional findings are required:

1. The proposed use is consistent with the purposes of the residential zoning districts, as specified in PHMC § 18.20.010.

2. The proposed use complies with the development and operational standards of PHMC § 18.20.075.

3. The property and existing structures are physically suited to accommodate the use.

4. The proposed use will be compatible with the character of the surrounding neighborhood and the use will not contribute to changing the residential character of the neighborhood. In evaluating this factor, the hearing body must at a minimum consider factors such as: the relative size of the facility; the proximity of the use to schools, parks, and other residential care facilities; proximity to outlets for alcoholic beverages; and the existence of substandard physical characteristics in the area (such as lot widths, setbacks, street width, limited available parking, short blocks, etc.).

The planning commission or zoning administrator may approve an application for a minor use permit if all of the above are found to be true, and the proposal is consistent with: (a) the general plan; (b) the general purposes of this chapter; (c) the specific purposes of the applicable base or overlay district; and (d) this chapter. (Ord. 867 § 13, 2012; Ord. 710 § 35-29.6, 1996; 1991 code § 35-29.6)

18.95.050 Conditions of approval.

In approving a use permit, the planning commission or the zoning administrator may impose reasonable conditions necessary to:

A. Achieve the general purposes of this chapter or the specific purposes of the zoning district in which the site is located, or to make it consistent with the general plan;

B. Protect the public health, safety, and general welfare; or

C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 710 § 35-29.8, 1996; 1991 code § 35-29.8)

18.95.060 Lapse of approval – Changes to plans – Revocation.

A. Lapse of approval. A use permit lapses one year after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:

1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or

2. A certificate of occupancy has been issued; or

3. The use is established; or

4. The use permit is renewed by the hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.

A use permit automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. A lapsed use permit for a residential use is not a binding precedent for future applications.

B. Changes to plans. A request for a change in the use permit or a condition of approval requires a new application for modification of the condition. If the zoning administrator determines that the modification is minor, the zoning administrator may approve that minor modification administratively, and that decision may be appealed to the planning commission. If the zoning administrator determines that a modification is major, the modification shall be referred for consideration to the final decision-making body that reviewed and approved the original use permit.

C. Revocation. A use permit exercised in violation of this chapter or a condition of approval may be revoked, as provided in PHMC § 18.135.040. (Ord. 867 § 14, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-29.10, 1996; 1991 code § 35-29.10)

18.95.070 Resubmittal of application.

Following denial of a use permit application, no new application for the same, or substantially the same, use permit shall be accepted within one year of the date of denial, unless the denial was made without prejudice. (Ord. 710 § 35-29.12, 1996; 1991 code § 35-29.12)