Chapter 17.70
CONDITIONAL USES

Sections:

17.70.010    Purpose.

17.70.020    Conditional use permit.

17.70.030    Determination.

17.70.040    Appeals of decision.

17.70.050    Inspection.

17.70.060    Time limit.

17.70.070    Temporary uses.

17.70.080    Optional conditions.

17.70.010 Purpose.

To allow the proper integration into West Point City of uses which may be suitable only in certain locations in the city, or only if such uses are designed or laid out on the site in a particular manner. [Code 2000 § 17-21-1].

17.70.020 Conditional use permit.

A. A conditional use permit shall be required for all uses listed as conditional uses in the district regulations or elsewhere in this title. A conditional use permit may be revoked upon failure to comply with conditions precedent to the original approval of the permit.

B. Conditional use permits are issued by the planning commission which may deny a permit; may grant a permit as applied for; or may grant a permit subject to such requirements and conditions with respect to location, construction, maintenance, operation, and duration of the proposed use as it may deem necessary for the protection of adjacent properties and the public interest. The granting of a conditional use permit shall not exempt the application from other relevant provisions of this title or other ordinances of West Point City.

C. Application for a conditional use permit shall be made by the property owner or certified agent thereof to the zoning administrator.

D. The application shall be accompanied by maps, drawings, or other documents sufficient to meet the requirements of a site plan review for those conditional uses which require such a review, and sufficient to demonstrate that the general and specific requirements of this title will be met by the construction and operation of the proposed building, structure, or use. In considering an application for a conditional use permit, the planning commission shall give due regard to the nature and condition of adjacent uses and structures.

E. The application for any conditional use permit shall be accompanied by the appropriate fee as established from time to time by resolution of the city council.

F. Prior to consideration of the conditional use permit a public hearing shall be held by the planning commission. Notice of the public hearing shall be given as follows:

1. A courtesy notice shall be mailed to all property owners within 300 feet of the proposed land use at least 10 days before the public hearing.

2. A written notice shall be posted on the property at least 10 days before the public hearing.

3. A written notice shall be published in a local newspaper of general circulation at least 10 days before the public hearing.

4. The public hearing shall be posted on the agenda for the date and time that was listed in the written notice.

G. The following conditional uses shall be exempt from the public hearing requirements of subsection (F) of this section.

1. Minor home occupations;

2. Major home occupations;

3. Accessory buildings;

4. Accessory apartments.

Although a public hearing is not required, the applicant shall notify the adjacent property owners, including those across the street, as a courtesy. The applicant shall make every effort to obtain the signatures of the adjacent property owners, but they are not required for approval. The signatures shall mean that the neighbor has been made aware of the application for a conditional use permit. [Ord. 10-18-2011 § 2].

17.70.030 Determination.

The planning commission may permit a conditional use to be located within any district in which the particular use is a conditional use. In authorizing any conditional use, the planning commission shall impose such requirements and conditions necessary for the protection of adjacent properties and the public welfare. The planning commission shall not authorize a conditional use permit unless the evidence presented is such as to establish:

A. That the proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the community and the neighborhood; and

B. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; and

C. That the proposed use will comply with regulations and conditions specified in this title for such use; and

D. That the proposed use will conform to the intent of the West Point City general plan; and

E. That the conditions imposed by the planning commission shall be based upon options described in WPCC 17.70.080, or any special conditions or requirements as may be specified in the appropriate zone district chapter. [Code 2000 § 17-21-3].

17.70.040 Appeals of decision.

Any person shall have the right to appeal the decision of the planning commission to the city council, within 15 days of the date of the action of the planning commission, by filing with the planning commission and city council a notice of appeal, in writing, specifying the ground thereof. [Code 2000 § 17-21-4].

17.70.050 Inspection.

Following the issuance of a conditional use permit, the zoning administrator shall approve an application for a building permit and shall ensure that development is undertaken and completed in compliance with said certificate and permit. [Code 2000 § 17-21-5].

17.70.060 Time limit.

Unless the uses and conditions prescribed in a conditional use permit are implemented within a maximum period of one year of its issuance, the conditional use permit shall expire. The planning commission may grant a maximum extension of six months under exceptional circumstances. [Code 2000 § 17-21-6].

17.70.070 Temporary uses.

A conditional use permit for uses which are of a temporary nature only may be issued for the intended duration of the temporary use or for one year, whichever period of time is shorter. The planning commission may grant extensions of six months each under exceptional circumstances. [Code 2000 § 17-21-7].

17.70.080 Optional conditions.

Applicants for conditional use permits shall meet all specific requirements made in this title. In addition, the planning commission may establish conditions as outlined herein to meet the concerns of safety for persons and property, health and sanitation, environment, master plan proposals and neighborhood needs, performance, and administration. More specifically, the planning commission may require:

A. Conditions Relating to Safety for Persons and Property.

1. Building elevations and grading plans which will prevent or minimize flood water damage, where property may be subject to flooding.

2. The relocation, covering or fencing of irrigation ditches, drainage channels, and other potential attractive nuisances existing on or adjacent to the property.

3. Increased setback distances from lot lines where the planning commission determines it to be necessary to ensure the public safety and to ensure compatibility with the intended characteristics of the district as outlined in this title.

4. Appropriate design, construction, and location of structures, buildings, and facilities in relation to any earthquake fault which may exist on or near the property, and limitations and/or restrictions on the use and/or location of uses due to special site conditions, including but not limited to geologically hazardous areas, floodplains, fault zones, and landslide areas.

5. Limitations and control of the number, location, color, size, height, lighting, and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and appearance and harmony with adjacent development.

6. Plans for the location, arrangement, and dimensions of truck loading and unloading facilities.

7. Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants, and street lighting.

B. Conditions Relating to Health and Sanitation.

1. A guarantee of sufficient water to serve the intended land use and a water delivery system meeting standards adopted by the city.

2. A wastewater disposal system and a solid waste disposal system meeting standards adopted by the city.

3. Construction of water mains, sewer mains, and drainage facilities serving the proposed use, in sizes necessary to protect existing utility users in the district and to provide for an orderly development of land in West Point.

C. Conditions Relating to Environmental Concerns.

1. Limitations and/or restrictions on the use and/or location of uses in sensitive areas due to soils capabilities, wildlife, and plant life.

2. Processes for the control, elimination, or prevention of land, water, or air pollution; the prevention of soil erosion; and the control of objectionable odors and noise.

3. The planting of ground cover or other surfacing to prevent dust and erosion.

4. Restructuring of the land and planting of the same as directed by the planning commission when the conditional use involves cutting and/or filling the land and where such land would be adversely affected if not restructured.

D. Conditions Relating to Compliance with Intent of General Plan and Characteristics of Vicinity (or Neighborhood).

1. The removal of structures, debris, or plant materials, incompatible with the intended characteristics of the district outlined in this title.

2. The screening of yards or other areas as protection from obnoxious land uses and activities.

3. Landscaping to ensure compatibility with the intended characteristics of the district as outlined in this title.

4. Limitations or controls on the location, height, and materials of walls, fences, hedges, and screen plantings to ensure harmony with adjacent development, or to conceal storage areas, utility installations, or other unsightly development.

5. The relocation of proposed or existing structures as necessary to provide for future streets, adequate sight distances for general safety, ground water control, or similar problems.

6. Provision for or construction of recreational facilities necessary to satisfy needs of the conditional use.

7. Population density and intensity of land use limitations where land capability and/or vicinity relationships make it appropriate to do so to protect health, safety, and welfare.

8. Other improvements which serve the property in question and which may compensate in part or in whole for possible adverse impacts to the district from the proposed conditional use.

E. Conditions Relating to Performance.

1. A bond or other valuable assurance in favor of West Point City in an amount to be determined by the city. The amount of said bond or other valuable assurance shall not exceed the amount calculated by the developer’s engineer and approved by the city engineer as necessary to assure compliance with all conditions.

2. Specific short- and long-range plans of development. [Code 2000 § 17-21-8].