A. Intent. Use permits are used primarily to review the location, site development, or conduct of certain land uses that generally have a distinct impact on the area in which they are located and/or are capable of creating special problems for bordering properties unless given special attention. Use permits may be granted by the planning commission under the conditions of this section and may be subject to guarantees of compliance with the terms and conditions of the permit.

B. Uses Requiring a Use Permit. The following uses are subject to securing a use permit in all districts that allow that use.

1. Amusement parks.

2. Auto wrecking yards.

3. Bowling alleys.

4. Car washes.*

5. Cemeteries, columbariums, crematories, mausoleums, or other places for burying or disposing of human dead.

6. Churches.

7. Circus.

8. Drive-in or open air theaters.

9. Drive-in establishments.

10. Golf courses and country clubs.

11. Hospitals.

12. Junk yards.

13. Moving buildings and/or structures from one site in the city to another, or moving buildings from outside the city to a site within the city.

14. Oil, gas, and other natural resource mining.

15. Outdoor advertising signs including billboards; except signs as otherwise permitted in any use district.

16. Outdoor sport, recreational, and amusement uses.

17. Private recreational centers and clubs.

18. Public buildings.

19. Public utility buildings and substations.

20. Race tracks.

21. Radio towers.

22. Service stations.

23. Water tanks.

C. Conditional Use Permits.

1. Use permits that are revocable, conditional, or valid for a term may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this section. Because of their unusual characteristics conditional uses require special consideration so that they may be located and developed properly with respect to the intent and purpose of this chapter and to their affect on surrounding properties.

2. The planning commission may designate conditions in connection with conditional and revocable use permits as it deems necessary to carry out the purpose of this section, and may include but are not limited to:

a. Dedication of right-of-way.

b. Improvement of vehicle access to the subject property per city standards.

c. Regulation of height or number of stories.

d. Regulation or placement of the use or building on the subject property.

e. Regulation of the nature, hours of operation, and extent of use.

f. Regulation as to transferability of the use.

g. Regulation of landscaping for the protection of adjoining or nearby properties.

3. Each use permit shall be issued subject to the condition that the zoning administrator or his designee may inspect the premises for which the conditional use permit is issued at any and all reasonable time or times to ensure compliance with the conditions of the use permit. Refusal to permit the zoning administrator or his designee to inspect the premises shall be rebuttably presumed to be grounds for revocation of the conditional use permit.

D. Application.

1. Application for use and/or conditional use permits shall be made to the planning commission in writing on a form prescribed by the commission and shall be accompanied by plans and elevations showing, in detail, the proposed use or building.

2. One public hearing shall be held on any application to the planning commission, notice of which shall be given by one publication in a newspaper of general circulation in the county not less than ten days prior to such hearing or by posting notice on the property involved at least ten days prior to such hearing.

3. In any case where a conditional use permit has not been used within one year after the date of granting thereof, the planning manager shall make a determination regarding whether relevant circumstances have changed significantly since the approval. Relevant circumstances shall be those that were considered and relied upon when the permit was approved (level of traffic, types and intensity of uses on adjoining properties, etc). If the planning manager determines that relevant circumstances have changed significantly, the permit shall be reviewed by the planning commission to determine if a hearing should be scheduled to revoke it.

4. The planning commission, upon its own motion, may modify or revoke any conditional use permit which has been granted pursuant to the provisions of this section based upon one or more of the following grounds:

a. If any of the terms or conditions of the use permit are violated.

b. If any law or section is violated in connection with the permit.

c. If such permit is obtained by fraud.

5. The planning commission shall hold a public hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing.

E. Criteria. In considering an application for use permit the following criteria shall be followed:

1. A use permit shall be granted upon sound principles of land use and in response to services required by the neighborhood or community.

2. A use permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located. Special attention should be paid to the issuance of a use permit for livestock animals in areas having a fragile ecological balance.

3. A use permit must be considered in relationship to its effect on the general plan for the area in which it is to be located.

4. All appropriate state, federal, and other local statutes and regulations shall be met prior to the issuance of a use permit.

5. Specific standards for drive-in establishments and service stations are stated in Sections 26-50 and 26-51.

6. If granted it should be subject to those conditions necessary to preserve the general welfare not the individual welfare of any particular applicant.

F. Appeals. If the applicant or any protestant is dissatisfied with the action of the planning commission he or she may appeal, in writing, within fifteen days to the city council. Within thirty days of the filing of an appeal, the city council shall hold a public hearing to consider the action taken by the planning commission and the appeal of that action The city council shall render its decision within thirty days of said public hearing.

G. Uses Requiring Only an Administrative Permit.

1. The zoning administrator shall issue an administrative permit for the following short-term temporary uses, subject to the regulations set forth herein:

a. Carnivals, circuses, fairs, races, concerts, bazaars, farmer’s markets, and similar events.

b. Christmas tree sales.

c. Temporary real estate offices.

d. Outdoor advertising for subdivisions, land development, model homes, or promotional contests.

e. Use of an unimproved non-residentially zoned property as a parking lot for a period of time not to exceed one month in any twelve-month period.

f. Use of mobilehome or RV as a single-family dwelling unit on a property zoned for single-family residential uses for a period of time not to exceed one year, in the circumstances described herein:

i. There is an existing single-family dwelling unit on the site that cannot be occupied until repairs are completed, and a valid building permit has been issued to make all repairs required to make the dwelling unit habitable.

ii. The occupied mobilehome or RV is not placed within a required yard area, with the exception of a designated driveway that conforms to the standards set forth in Section 49 of this chapter.

2. Applicants for an administrative permit shall submit a standard use permit application, a twenty-five dollars fee, and a letter of permission from the owner of the property on which the use will occur. Within five days of receipt, the zoning administrator shall cause the application materials to be distributed to all city department.

3. Approved permits shall be subject to conditions that responding city departments may recommend to preserve public health and safety while the use occurs. (Ord. No. 1449 § 1 (part); Ord. No. 1638 § 2; Ord. No. 1646 §§ 2, 3; Ord. No. 1667 (part); Ord. No. 167 §§ 10, 24.)