To allow the 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 on the site in a particular manner.

(Ord. 319 § 1(part), 1987)

A conditional use permit shall be required for all uses listed as conditional uses in the Residential, Commercial, and Industrial Land Use Tables or elsewhere in this title.

A.

Filing. Application shall be made in writing by the property owner or his authorized agent, on forms provided by the planning department, and accompanied by such data and information as may be necessary to fully describe the request.

B.

All fees provided for under this chapter may be established, modified, adjusted or revoked by the adoption of a resolution by the city council.

(Ord. 321 § 6, 1987; Ord. 319 § 1(part), 1987)

Upon receipt of a completed application form and the applicable filing fees, the application for a CUP shall be set for one public hearing before the planning commission. A notice of said hearing shall be mailed at least ten calendar days prior to said hearing to all property owners, any part of whose property lies within a radius of three hundred feet of the applicant's property, using for this purpose the names of such owners as shown on the last equalized assessment roll, or alternatively, from such other records of the assessor or the tax collector as contain more recent addresses. Failure to receive the notice required by this chapter shall not invalidate the action of the planning commission. Notice of said hearing shall be published in a newspaper of general circulation at least ten days prior to the hearing.

(Ord. 319 § 1(part), 1987)

The planning commission may approve, conditionally approve or deny or forward to the city council without action any application for a conditional use permit; and in authorizing a conditional use, may impose such requirements and conditions with respect to location, construction, time periods, maintenance and operations, as deemed necessary for the protection of adjacent properties and the public interest, when reasonably related to the use of the property. Before granting any conditional use permit the planning commission shall be satisfied that the proposed structure or use conforms to the requirements and the intent of this chapter and the general plan. The planning commission action on the conditional use permit shall be final, unless appealed as provided in Section 17.96.050 or in the event they defer the matter to the city council without action. If the commission disapproves the conditional use permit, no same or similar proposal may be submitted for once year following the commission's action. If the request is appealed to the city council and the council upholds the commission's action, no same or similar proposal may be submitted for one year following the council's action.

(Ord. 341 § 1, 1989: Ord. 319 § 1(part), 1987)

(Ord. No. 454, § 11, 3-12-2012)

A.

The applicant or any other interested party may appeal the planning commission's action.

B.

The appeal shall be in writing, setting forth all materials that the applicant is relying on to appeal the decision of the planning commission.

C.

Said appeal shall be accompanied by a filing fee as prescribed by city council resolution and shall be filed with the city clerk within ten days after the commission's action or the right to appeal the decision of the planning commission is deemed to be waived.

D.

Following the receipt of the written appeal and filing fee, the hearing on said appeal shall be set for city council by the city clerk within thirty days.

E.

The city clerk shall notify all interested persons immediately upon the matter being set for hearing.

F.

Any interested party may request a written transcript to be prepared of such hearing upon tendering the necessary fees for a reporter for said transcript.

G.

The council upon said hearing of the appeal may rely on the written notice of appeal or may take additional evidence at its own discretion.

H.

The decision of the council shall be final and not subject to further appeal. The decision need not be made at the same meeting as the appeal hearing.

(Ord. 319 § 1(part), 1987)

No conditional use permit which has been approved by the planning commission shall be issued prior to the expiration of the appeal period as set forth in Section 17.96.050, or the final action on an appeal to the city council.

(Ord. 319 § 1(part), 1987)

In the event the planning commission finds the use permit has not been exercised within the time limit set by the commission, or within one year if no specific time limit has been set, the permit shall be null and void without further action; except that the zoning administrator may extend the approval of a use permit for one additional year, with the same conditions of approval, if circumstances have not changed. The request in writing must be received prior to the expiration of the use permit.

(Ord. 319 § 1(part), 1987)

The zoning administrator may approve minor modifications to an approved use permit. For purposes of interpretation a minor modification is one where the use is being expanded less than twenty-five percent in area. However, any multiple expansions that cumulatively total more than twenty-five percent of the building area of an existing building during a time period of five or less years will require a conditional use permit.

(Ord. 319 § 1(part), 1987)

(Ord. No. 454, § 12, 3-12-2012)

A.

On or after June 26, 1987, a violation or violations of the provisions of this chapter or of any condition or conditions of approval of a conditional use permit shall be deemed a public nuisance and a misdemeanor.

B.

The city manager and/or city attorney shall enforce the provisions of this chapter or of any condition or conditions of approval of a conditional use permit as provided for in Chapter 17.108.

(Ord. 333 § 2, 1988)

Unless a specific deviation of time is established by the planning commission for the use permit, use permits shall not require renewal unless the approved use is modified, terminated or otherwise changed. If the use is somehow altered, the use permit becomes invalid and a new permit must be obtained for the current use.

(Ord. 319 § 1(part), 1987)