(a)   The City recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or, through the imposition of development and use conditions, can be made compatible with surrounding uses. The Conditional Use Permit is provided for this purpose.

   (b)   The City has established two types of Conditional Use Permit (CUP) applications- CUP and Minor CUPs (identified as CUPm in Appendix A).

Applications for Conditional Use Permits may be submitted only for those uses specified as conditional uses (CUP and CUPm) in the applicable zoning district in Appendix A: Regulation of Uses by Zoning District. The proposed project shall comply with all applicable development standards, unless a separate Variance application is filed, and reviewed and approved. Conditional Use Permit and Variance applications may be processed concurrently. A Conditional Use Permit is not a substitute for a zone change or zone text amendment.

   (a)    Minor Conditional Use Permit (CUPm).

      An application shall be filed pursuant to the provisions of Sections 17.100 and this Section of this Zoning Code. Upon acceptance of a Minor Conditional Use Permit (CUPm) application as complete, the Planning Director or his/her designee shall review the application for conformance with the provisions of this Zoning Code. Within thirty (30) days of receipt of a completed application, the Director, or designee, shall prepare and issue a decision letter to the applicant.

      An application shall be filed pursuant to the provisions of Sections 17.100 and this Section of this Zoning Code. Upon acceptance of a Conditional Use Permit (CUPm) application as complete, the Planning Director, or his/her designee, shall review the application for conformance with the provisions of this Zoning Code. The Director, or designee, shall review the application for completeness. Once the application has been deemed complete:

      (1)   The Director, or designee, shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the Planning Commission secretary. The secretary shall schedule the matter for public hearing pursuant to the provisions of Chapter 17.100 of this Zoning Code.

      (2)    The Planning Commission shall hear and take action upon the application pursuant to the provisions of Chapter 17.100 of this Zoning Code.

      (3)    The Commission shall act to approve, conditionally approve, or deny the application.

      (4)    The Commission shall adopt a Resolution containing its findings and decisions. The Resolution shall recite, among other things, the facts and reasons which make the granting or denial of the Conditional Use Permit necessary to carry out the provisions and general purpose of this Zoning Code. If the Conditional Use Permit is granted, the report shall recite the conditions and limitations imposed, if any.

      The decision of the Planning Director is considered final on the date the Planning Director issues a decision letter. The decision shall become effective upon issuance of the Planning Director's decision letter, unless an appeal is filed to the Planning Commission.

      The decision of the Planning Commission is considered final on the date the Planning Commission adopts a Resolution setting forth its decision. The decision shall become effective upon adoption of the Resolution, unless an appeal has been filed with the City Council.

The Planning Director (for Minor CUPs), the Planning Commission, and City Council on appeal, in acting to approve a Conditional Use Permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this Zoning Code. In making such a determination, the hearing body shall find that the proposed use is generally in accord with the following principles and standards:

   (a)    That the proposed Conditional Use is consistent with the General Plan;

   (b)    That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures;

   (c)    That the site for the proposed Conditional Use is of adequate size and shape to accommodate the use and buildings proposed;

   (d)    That the proposed Conditional Use complies with all applicable development standards of the zoning district; and

   (e)    That the proposed Conditional Use observes the spirit and intent of this Zoning Code.

      Any Conditional Use Permit which is not exercised within the time specified in the grant of approval or, if no time is specified, within two (2) years of the effective date of such approval, shall be terminated. The Planning Commission may extend such approval for a period of time not to exceed five (5) years (two (2) two-year extensions and one (1) one-year extension), provided an application requesting the extension is filed prior to the original expiration date. For purposes of this Section, "exercised" means the commencement of construction activity and/or establishment of the use or activity authorized by the grant of approval.

Any Conditional Use Permit that is valid and in effect and granted pursuant to the provisions of this Zoning Code shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land.

Any Conditional Use Permit granted or approved hereunder shall be granted or approved, with the City, Planning Commission, and City Council retaining and reserving the right and jurisdiction to review and to modify the permit -- including the conditions of approval, based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the business, a change in scope, emphasis, size, or nature of the business, or the expansion, alteration, reconfiguration, or change of use. The reservation of right to review any permit granted or approved hereunder by the City, Planning Commission, and City Council is in addition to, and not in lieu of, the right of the City, Planning Commission, and City Council to review and revoke or modify any permit granted or approved hereunder for any violations of the conditions imposed on such permit.

      The Planning Commission, or the City Council on appeal, may, after required public hearings have been held and action has been taken in the manner prescribed in this Zoning Code, revoke or modify any Conditional Use Permit on one or more of the following grounds:

      (1)   That the approval was obtained by fraud, or that the applicant made a materially false representation on the subject application; or

      (2)    That the Conditional Use Permit is being or recently has been exercised contrary to, or in violation of, the terms or conditions of such approval or other authorization; or

      (3)    That the Conditional Use Permit is being or recently has been exercised in violation of any statute, law, or regulation; or,

      (4)    That the use for which approval was granted, or other use(s) not directly related, is exercised in a manner detrimental to the public health and safety or in a manner which constitutes a nuisance.

      (5)   Violations of any conditions of approval for any permit shall be addressed in the same manner as violations of the Code.

      (1)   Hearing Required

         The Planning Commission secretary shall schedule a hearing before the Planning Commission to consider the revocation, pursuant to the provisions of Chapter 17.100 of this Zoning Code. Noticing shall be required only of the owner or owners of the property affected by the Conditional Use Permit, notwithstanding the provisions of Section 17.100.040.

      (2)   Findings Required

         In acting to revoke a Conditional Use Permit, the Planning Commission shall make written findings citing the reasons for the revocation.

      (1)   A revocation of a Conditional Use Permit shall not become effective until the Planning Commission has adopted a Resolution revoking such approval or status, and until the time period to appeal the Commission's decision to the City Council has lapsed with no appeal being filed.

      (2)   In the event an appeal of the Planning Commission's decision is appropriately filed, the revocation will become effective when the City Council adopts a Resolution revoking such approval or status.

      (3)   The Community Development Department shall issue written notification to the property owner of any Planning Commission and/or City Council action.

      The property owner, applicant, or other interested party may appeal to the City Council a decision of the Planning Commission to revoke or not revoke a Conditional Use Permit. The appeal shall be filed and considered in accordance with the provisions of the Adelanto Municipal Code.