Certain uses require a special degree of control due to unusual effects or characteristics peculiar to them, or because of size, location, type of equipment used, or demands upon public facilities resulting from such use. Therefore, the Planning Commission, or City Council on appeal, shall have the authority subject to the provisions of this Chapter, to grant, upon such conditions as it may determine, a Conditional Use Permit as may be in harmony with the general purpose and intent of this Chapter and the adopted Community Plan. Nothing in this Chapter shall be construed to give any property owner a right to use any property in any manner which requires a Conditional Use Permit, unless a Conditional Use Permit for such use has first been granted and is in full force and effect pursuant to all conditions attached thereto.

A.

Each determination granting a Conditional Use Permit shall be supported by written findings of fact showing specifically wherein all of the following conditions exist:

1.

That the use for which the Conditional Use Permit is applied for is permitted within the zone in which the property is located.

2.

That the granting of such Conditional Use Permit will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood, and will not be injurious to the property or improvements in such vicinity and zone in which the property is located.

3.

That the proposed use is properly located in relation to the community as a whole and to other land uses and to transportation and service facilities in the vicinity; and further, that the use can be adequately served by such public facilities and street capacities without placing an undue burden on such facilities and streets.

4.

That the site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping and such other features as are required by this Chapter or as are needed, in the opinion of the Planning Commission, or City Council on appeal, are properly provided to be compatible and harmonious with nearby uses.

5.

That the granting of such Conditional Use Permit will not be contrary to the adopted Community Plan, including its goals, objectives, or policies, or to the objectives of any ordinance, regulation, or plan in effect to implement said Community Plan.

The Planning Commission, or City Council on appeal, shall have the authority to impose such conditions and safeguards as it deems necessary to protect and enhance the health, safety and welfare of the surrounding area, and to assure that the proposed use or activity fully meets the findings set forth in this Article. No Conditional Use Permit shall require as a condition the dedication of land for any purpose not reasonably related to the use of property for which the Conditional Use Permit is requested, or the posting of a bond to guarantee installation of public improvements not reasonably related to the use of property for which the Conditional Use Permit is requested.

The decision of the Planning Commission to grant, amend or deny a Conditional Use Permit shall be by a majority vote of the total appointed membership of the Commission, and shall be final unless appealed to the City Council pursuant to this Chapter. No application for a Conditional Use Permit shall be acted upon until a recommendation by the Department of Planning and Community Development has been received and the public hearing is closed.

Three years from the date of final approval of a Conditional Use Permit, the Permit will expire, unless a building permit has been issued and substantial construction has been accomplished in reliance upon the Conditional Use Permit, or, where no construction is involved, where the holder of the Permit has commenced the use authorized by the Conditional Use Permit prior to its date of expiration.

(Ord. No. 641; Ord. No. 757)

A.

Following a public hearing held in the manner prescribed in this Chapter, the Planning Commission, or City Council on appeal, may revoke or add additional restrictions or conditions to any Conditional Use Permit issued on any one or more of the following grounds:

1.

That the approval was obtained by fraud or erroneous information as presented by the applicant and considered in the granting of said Conditional Use Permit;

2.

That the use for which such approval is granted is not being exercised;

3.

That the use for which such approval was granted has ceased to exist or has been suspended for one year or more;

4.

That the Conditional Use Permit granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;

5.

That the use for which the approval was granted is being so exercised as to be detrimental to the public health, safety or welfare, or so as to constitute a nuisance.

Notwithstanding the provisions of this Chapter, whenever a Conditional Use Permit is granted upon any condition or limitation, the person seeking the Conditional Use Permit may be required to furnish security in the form of money or a surety bond in an amount fixed by the Planning Commission or City Council to ensure compliance with the conditions and limitations upon which such Conditional Use Permit is granted. Every such bond shall be a penalty bond and shall be in a form satisfactory to the Planning Commission or City Council requiring the same, shall be payable to the City, and shall be conditioned upon compliance with the conditions and limitations upon which such use permit is granted. Upon the breach of any condition or limitation upon which such use permit is granted, the money or the bond furnished as security shall be forfeited to the City, and such money or the money collected on any such bond shall be paid into the general fund of the City.

At least one year shall have elapsed since the effective date of disapproval of the application or revocation of a Conditional Use Permit before filing a new application seeking substantially the same Conditional Use Permit for any of the same property, provided, however, that the Planning Commission may permit the processing of such applications by the affirmative vote of a majority of its members.

All Conditional Use Permits granted and exercised prior to the effective date of this Chapter plus subsequent amendments, may be continued; except that if any Conditional Use Permit granted prior to the effective date of this Chapter has never been exercised or is exercised but the development authorized has been discontinued or removed from the premises for a period of at least one year, such Conditional Use Permit shall no longer be of any force and effect, and shall be deemed revoked.