A.
The
regulations set out in this chapter shall apply to the granting of
conditional use permits. Uses may be permitted by the planning commission
in zones from which they are prohibited by this chapter where such
uses are deemed essential or desirable to the public convenience or
welfare, and are in harmony with the various elements or objectives
of the comprehensive general plan.
(Ord. 1719 § 1, 2010)
Applications for conditional use permits shall be accompanied
by the following information:
A.
A plot
plan and description of the property involved showing the location
of all existing and proposed buildings; plans and descriptions of
the proposed use of the property with ground plans and elevations
for all proposed buildings;
B.
A reference
to the provisions of this title under which application is sought;
C.
A verified
list of the name and address of each property owner within three hundred
feet of the exterior boundaries of the property involved, using for
this purpose the last-known name and address of such owners as shown
upon the last assessment roll of the city or county.
(Ord. 1719 § 1, 2010)
A.
Applications
for conditional use permits shall be made in writing to the planning
commission in such form as is approved by the planning commission.
The planning commission may provide forms for such purposes and may
prescribe the type of information to be provided thereon. No petition
shall be received unless it complies with such requirements.
B.
Applications
filed pursuant to this chapter shall be numbered consecutively in
the order of their filing and shall become a part of the permanent
official records of the planning commission, and there shall be attached
thereto copies of all notices and actions pertaining thereto.
(Ord. 1719 § 1, 2010)
The planning commission shall cause to be made by its own members,
or members of its staff, such investigation of facts bearing upon
such application as will serve to provide all necessary information
to assure that the action on each such application is consistent with
the intent and purpose of this title and with previous actions of
the commission and city council.
(Ord. 1719 § 1, 2010)
Following the receipt in proper form of any such application,
the secretary of the planning commission shall fix a time and place
of public hearing thereon. Not less than ten days before the date
of such public hearing, notice of the date, time, place of hearing
and location of the property and the nature of the request shall be
given in the following manner:
A.
By
publishing once in a newspaper of general circulation in the city;
B.
By
mailing a notice, postage prepaid, to the applicant, to each member
of the planning commission, and to the owners of all property within
three hundred feet of the exterior boundaries of the property involved,
using for this purpose the last-known name and the address of such
owners as shown upon the last assessment roll of the city or county.
(Ord. 1719 § 1, 2010)
Public hearings as provided for in this chapter shall be held before the planning commission at the time and place for which public notice has been given as required in Section 18.66.050. The planning commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued; provided, that prior to the adjournment or recess thereof, the presiding officer at such hearing shall announce the time and place to which such hearing will be continued.
(Ord. 1719 § 1, 2010)
A.
Within
thirty-five days after the conclusion of a public hearing, the planning
commission shall render its decision on the matter so heard. The failure
of the planning commission to render such decision within thirty-five
days after the conclusion of the hearing shall be deemed to constitute
a denial.
B.
The
planning commission shall announce and record its actions by formal
resolution, and such resolution shall recite the findings of the planning
commission upon which it bases its decision.
C.
The
planning commission shall make the following required findings before
any conditional use permit may be approved:
1.
The
granting of such conditional use permit will not be detrimental to
the public welfare and will not unreasonably interfere with the use,
possession and enjoyment of surrounding and adjacent properties and
will not impair the character of the zone in which it is to be located.
2.
The
subject site is physically suitable for the type of land use being
proposed.
3.
The
use is conditionally permitted within the subject zone and complies
with the intent of all applicable provisions of this title.
4.
The
granting of this conditional use permit is consistent with the comprehensive
general plan.
(Ord. 1719 § 1, 2010)
A.
The
granting, either with or without conditions or the denial of such
application by the planning commission shall be final unless within
ten working days from the date of the decision of the planning commission
the applicant, or any other person aggrieved, appeals there from in
writing to the city council by presenting such appeal to the city
clerk. The city clerk, after the filing of such appeal, shall set
a date for a public hearing; giving of notice and conduct of the hearing
shall be consistent with the provisions of the chapter for hearing
by the planning commission, except that at the commencement of the
public hearing set for the appeal before the city council, the appealing
party shall set forth the basis for any such appeal and any evidence
or argument in support of the appeal. Thereafter, any person or applicant
in response to the appeal may set forth any evidence or argument to
rebut the appeal. The decision appealed from shall be affirmed unless
reversed by a vote of not less than a majority of the voting members
of the city council.
B.
No
permit or license shall be issued for any use involved in an application
for a conditional use permit until the permit has become final by
reason of the failure of any person to appeal or by reason of the
action of the city council.
(Ord. 1719 § 1, 2010)
A.
If
the use authorized by any conditional use permit is or has been unused,
abandoned or discontinued for a period of one year, the conditional
use permit shall become null and void and of no effect.
B.
The
planning commission or the city council may, upon their own initiative
or upon the request of the applicant, extend the use authorized by
the conditional use permit for a period not to exceed one year. Such
action shall be initiated prior to the original expiration date of
the conditional use permit. This action shall be by administrative
procedure and shall not require a public hearing. A maximum of one
extension may be granted.
(Ord. 1719 § 1, 2010)
A.
Upon
violation of any applicable provision of this title or, if granted
subject to conditions, upon failure to comply with conditions, or
due to a change in conditions occurring after the original grant of
the conditional use permit which change in conditions makes the continuation
of the permit incompatible with the general welfare of the surrounding
neighborhood, a conditional use permit shall be suspended automatically.
B.
The
planning commission shall hold a public hearing within forty days
in accordance with the procedures prescribed in this chapter for appeals,
and if not satisfied that the regulation, general provision or condition
is being complied with, may revoke the conditional use permit or take
such action as may be necessary to ensure compliance with the regulation,
general provision or condition. Within fifteen days following the
date of a decision of the planning commission revoking a conditional
use permit, the secretary shall transmit to the city council written
notice of the decision. The decision shall be final thirty days following
the date on which the conditional use permit was revoked unless an
appeal has been filed.
(Ord. 1719 § 1, 2010)
