Whenever it is stated in this title that certain uses may be permitted subject to securing a conditional use permit, it shall mean that the uses so defined may be permitted in a district in which they are not listed when such uses are necessary to the development of the community, and which uses are in no way detrimental to existing uses or to those permitted in this district. In no case shall a conditional use permit be granted in any district for a use specifically prohibited in the district within which the subject property is located.

(Prior code § 1900 (part))

A.

Applications for a conditional use permit shall be made to the city in writing on forms authorized by the planning commission.

B.

The planning commission shall investigate the facts bearing on each case to provide information necessary to assure action consistent with the intent and purpose of this title.

C.

In cases where the planning commission considers the conditions set forth on the application not within the scope of the conditional use permit procedure, the applicant shall be so informed, whereupon, if the application is filed, it shall be signed by the applicant to the effect that he was so informed. Filing of an application does not constitute an indication of approval.

(Prior code § 1900 (a))

The planning commission shall make its findings in writing within forty days after the date of the hearing and shall forthwith transmit a copy thereof to the applicant and to the council. If the commission fails to report within the time designated herein, it shall lose jurisdiction and the applicant may appeal to the council.

(Prior code § 1900 (b))

The planning commission shall set forth such conditions as are necessary and proper to preserve the integrity and character of the district, the utility and value of adjacent property, and to protect the health, safety and general welfare of the district.

(Prior code § 1900 (c))

A.

The decision of the planning commission shall be final unless an appeal therefrom is taken to the city council, as provided for in this subsection. Such decision shall not become effective for twenty days from the date that the written decision has been made and notice thereof mailed to the applicant, during which time written appeal therefrom may be taken to the city council by the applicant or any other person aggrieved by such decision. The council may, upon its own motion, cause any planning commission decision to be appealed.

B.

If the planning commission fails to make its decision within the time limits specified in Section 17.68.030, the applicant may file an appeal with the city council requesting a decision by that body. Such appeal shall be filed within twenty days after the expiration of the time limit within which the planning commission must act. An application shall be dismissed without further action in the event of the failure of the planning commission to act and where no appeal is filed with the city council within such twenty-day period.

C.

The filing of an appeal stays proceedings in the matter appealed from until the determination of the appeal.

D.

On the appeal, the city council shall review the decision of the planning commission, hear new evidence and testimony, if offered, and in deciding the appeal either affirm, reverse or modify the decision of the planning commission.

(Prior code § 1900 (d))

A.

At the request of any aggrieved person, or upon motion of the city council or planning commission, a public hearing shall be held before the planning commission for the purpose of reviewing a conditional use permit. Notice of the hearing shall be given to the holder of the conditional use permit at least thirty days prior to the date of such hearing by personal delivery to the holder or, if personal delivery is not possible, by registered mail with postage prepaid and return receipt requested.

B.

At the conclusion of the public hearing, the conditional use permit may be revoked if the planning commission finds, based upon the evidence presented at the hearing:

1.

That the conditional use permit was obtained by fraud;

2.

That the use for which the conditional use permit was granted has ceased or has not been exercised for a period of one year or more;

3.

That any condition or conditions thereof have not been complied with in full; or

4.

That as a result of a change of circumstances, the use permitted by the conditional use permit poses an immediate threat to the public health, safety and welfare.

C.

The planning commission may, as an alternative to revocation of the conditional use permit, modify the existing conditions of the conditional use permit or add new conditions if the ground which would otherwise justify the revocation of the conditional use permit can be corrected or cured by the modification or existing conditions or the addition of new conditions.

D.

Any party aggrieved by the decision of the planning commission may appeal the decision to the city council which may affirm, reverse or modify such decision. If no appeal is filed within fifteen days from the date of the planning commission decision, that decision shall be deemed final.

(Prior code § 1900 (e))