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

A conditional use permit shall be required for all uses listed as conditional uses and uses identified in Section 40.28.040 of the Davis Municipal Code.

In considering an application for a conditional use or nonconforming use, the planning commission or city council shall give due regard to the nature and condition of the proposed or existing use and all adjacent uses and structures. The planning commission or city council may deny an application for a conditional use. In authorizing a conditional use, the planning commission or city council may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this chapter for the particular use, as the planning commission or city council may deem necessary for the protection of adjacent properties and the public interest.

Application for a conditional use permit shall be made by the property owner or certified agent thereof to the planning commission on a form prescribed by the city. Conditional use permits, revocable, conditional 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 applicant from complying with the requirements of the building code or other ordinances and codes.

The application fee for a conditional use permit shall be as prescribed by city resolution adopted pursuant to Section 40.01.130, no part of which shall be refundable.

The application for a conditional use permit shall be accompanied by maps and drawings necessary to demonstrate compliance with all requirements set forth herein. The number, type and scale of such maps and drawings shall be prescribed by the director.

A public hearing before the planning commission shall be held on an application for a conditional use permit. A conditional use permit being processed concurrently with an application requiring city council action shall be scheduled for public hearing before the planning commission for its recommendation and then the city council for final action. Notice of such hearing shall be given to owners of all property within five hundred feet of the subject site and as required by state law and city ordinance. Failure of owners to receive notice of such hearing shall in no way affect the validity of any action taken.

Where a conditional use permit has not been initiated within thirty-six months after the date of granting thereof, the permit shall be null and void. Such expiration date may be extended by the director for one or more periods not exceeding a total of eighteen months upon a showing of good cause for delay and that circumstances and conditions upon which the conditional use permit was approved have not changed. Any such extension by the director shall be processed in accordance with the requirements of Article 40.39 regarding administrative approvals.

Notwithstanding such extension, the holder of a conditional use permit may request tolling of the term for which the conditional use permit is valid due to litigation challenging the issuance of the permit. The tolling request must be submitted in writing to the director prior to the expiration of the term of the permit.

The request must establish to the satisfaction of the director that the subject litigation challenges the grant of the underlying permit, or the environmental determinations relating to its approval, and has been filed by a plaintiff or petitioner other than the permit holder. In response to this request, the director may grant a litigation tolling period. The tolling period shall be calculated from the date the action is filed with a court of competent jurisdiction until such time that the court of final jurisdiction enters its final disposition of the case and all appeal periods have expired or such time that the litigation has been dismissed.

Abandonment of the site on which a conditional use has been approved, or the cessation of conditionally approved activity for a period of more than two years shall be a basis for revocation of a conditional use permit. If the conditional use has been abandoned or ceased activity for a period of two years or less, a new application for renewal of said conditional use permit, may be processed per the provisions of Article 40.39, Administrative Approvals, provided the provisions of the original conditional use permit are required on the renewed conditional use permit. The director may add additional provisions to the administrative use permit.

In case an application for a use permit is denied, the application shall not be eligible for reconsideration for one year subsequent to such denial. A new application affecting or including part or all of the same property shall be substantially different from the application denied, in the opinion of the planning commission, to be eligible for consideration within one year of the denial of the original application. An application denied without prejudice by the planning commission or city council shall be eligible for reconsideration within one year of the denial.