The purpose of the conditional use permit is to allow the proper integration into the community of uses which may be suitable only in specific locations in the zoning district or only if such uses are designed or laid out on the site in a particular manner.

A conditional use permit shall be required for all uses listed as conditional uses in the district regulations or elsewhere in this chapter that are hereafter created, changed, converted, or enlarged, either wholly, or in part.

In considering an application for a conditional use, the Planning Commission shall give due regard to the nature and condition of all adjacent uses and structures. In authorizing a conditional use, the Planning Commission may impose such requirements and conditions with respect to location, construction, maintenance and operation, and site planning, in addition to those expressly stipulated in this Code for the particular use, as they deem necessary for the protection of adjacent properties and the public interest.

(Ord. CS 532, 1983)

Any use terminated for a period of less than one year may be re-instituted or changed to a similar or less intensive use without the necessity of obtaining a new use permit. The Community Development Director shall make the determination as to whether a new use is a similar or less intensive use which determination shall be subject to appeal to the Planning Commission.

(Ord. CS 624, 1987)

A.

Application shall be made by the property owner or certified agent thereof to the Planning Director on a form prescribed for this purpose by the City of Atwater. Conditional use permit, revocable, conditional, and/or valid for a term period, may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this chapter. Granting of a conditional use permit does not exempt the applicant from complying with all requirements of the fire and building code, or other applicable sections of this Code.

B.

Application fee shall be set by resolution by the Council in an amount consistent with the actual cost of processing an application. No part of such fee shall be refundable.

C.

Accompanying Maps and Drawings. Maps and drawings necessary to demonstrate that conditions set forth herein are fulfilled.

(Ord. CS 532, 1883)

The Planning Director shall set the matter for public hearing not less than 30 days after date of application and shall send notice to owners of all property located within 300 feet of the property for which a conditional use permit is requested not less than ten days prior to the date of such hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken.

When Council approval is required as indicated elsewhere in this title, public hearings shall be advertised in the same manner.

(Ord. CS 532, 1983)

Provided that the Planning Commission is satisfied that the proposed structure or use conforms to the requirements and the intent of this Code and the Atwater General Plan, that any additional conditions stipulated by the Planning Director as deemed necessary in the public interest will be met, and that such use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the public welfare of the community, the Planning Commission may approve the issuance of a conditional use permit except for those permits that require Council approval.

(Ord. CS 532, 1483)

Upon approval of the use permit, and if no appeal from the decision has been filed within five calendar days from date of approval, the Planning Director shall issue a certificate. Said certificate shall contain the permit number, effective date and expiration date of permit, as well as conditions attached to approval of permit.

The certificate shall be permanently displayed in public view at all times. Such posting shall be a condition of every use permit and shall he agreed to in writing by the applicant prior to the approval by the Planning Commission.

(Ord. CS 532, 1983)

Following the issuance of a conditional use permit, the building inspector shall issue a building permit if required, at such time as compliance with all other sections of this chapter and all rules and regulations of the City are ascertained, and shall ensure that development is undertaken and completed only in conformity to the approved plans.

(Ord. CS 532, 1983)

No person, including the original applicant, shall reapply for a similar conditional use permit on the same land, building or structure within a period of one year from date of the final decision on such previous application unless such decision is a denial without prejudice.

(Ord. CS 532, 1983)

A Use Permit can be revoked by the Planning Commission if approved by the Planning Commission, or by the City Council if approved by the City Council, at any time for noncompliance with conditions or other City regulations, or if it creates a nuisance to the neighborhood.

(Ord. CS 532, 1983)

Use permits associated with site plans shall expire six months after approval, if no building permit has been issued by then and construction started. All other types of use permits shall expire six months after approval if operation has not started. A use permit shall also expire if the use has been discontinued six months or longer.

(Ord. CS 532, 1983)

Any decision of the Planning Commission may be appealed in writing to the City Council within five calendar days after Planning Commission action. If such an appeal is made, notice of the hearing on the appeal shall be given as provided for in Section 17.71.030.

(Ord. CS 532, 1983; Ord. CS 581, 1984)