A. Application. An application for a conditional use permit may be filed by the property owner, lessee of the property with more than a month-to-month tenancy or authorized agent of the property owner. The application shall be submitted in writing and be accompanied by the required plans and data. These applications shall be submitted to the planning department for transmittal to the hearing examiner with analysis and recommendation.

B. Investigation. The planning director shall make an investigation to determine whether a proposed conditional use would be in accordance with the comprehensive plan and this chapter, whether the use would be injurious to the public health, safety or welfare, and whether the use would be detrimental to other properties in the vicinity.

C. Granting or Denial. The decision may include special restrictions or conditions deemed necessary or desirable in furthering the intent of the ordinance pertaining to the proposed development.

D. Conditions. The conditions may:

A. That the use which the conditional use permit is applied for is specified by this title as being conditionally permitted within, and is consistent with the description and purpose of the zone district in which the property is located;

B. 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/or zone in which the property is located;

C. That the proposed use is properly located in relation to the 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;

D. That the site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping and other such features as are required by this title or as needed in the opinion of the examiner.

For wireless communication facilities the criteria in GHMC 17.64.046 shall apply. (Ord. 771 § 15, 1997; Ord. 573 § 2, 1990).

A. Type of Permit. Applications for conditional use permits for wireless communications and broadcast and relay towers shall be processed as a Type III permit.

B. Criteria for Approval. Applications for conditional use permits for wireless communication facilities may be approved if the applicant demonstrates all of the following:

A. That the approval was obtained by fraud or that erroneous information was presented by the applicant;

B. That the use for which approval was granted has not been exercised;

C. That use is being exercised contrary to the conditions of approval, or in violation of any statute, ordinance, law or regulation. (Ord. 573 § 2, 1990).