The purpose of this Article is to provide that the district use regulations of this Chapter have the flexibility necessary to achieve the objectives of this Chapter. Therefore, conditional uses are permitted subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the Zoning Ordinance and with respect to their effects on surrounding properties. In order to achieve these purposes, the Planning Commission and Director are empowered to approve (including conditionally approve) or deny certain applications for conditional use permits in accordance with this Article, subject to review by the City Council on appeal.

(Ord. No. 270, § 1, 7-15-2009)

A conditional use permit is not a matter of right, and a use permit shall be denied or be subject to conditions if the findings required by Section 15-55.070 cannot otherwise be made.

(Ord. No. 270, § 1, 7-15-2009)

A use identified by the City Code as a conditional use in a zoning district may be permitted by a conditional use permit to have different site area, density, structure height, distances between structures, site coverage, front, side and rear setback area minimums and off-street parking and loading requirements, other than as established under the specific regulations in the zoning district in which it lies.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 270, § 1, 7-15-2009)

(a)

Application for a conditional use permit shall be filed with the Director on such form, as the Director shall prescribe. The application shall include the following exhibits:

(1)

An accurate scale drawing of the site and the surrounding area for a distance of at least five hundred feet from each boundary of the site showing the locations of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing.

(2)

An accurate scale drawing of the site, showing the contours at intervals of not more than five feet and existing and proposed locations of streets, property lines, uses, structures, driveways, pathways, off-street parking and off-street loading facilities and landscaped areas.

(3)

A description of the building or structure to be utilized, including an accurate scale drawing of the floor plan; and including, in the case of an existing structure, a delineation of any necessary alterations or additions required to meet City, County, State and Federal regulations.

(4)

A preliminary title report or other evidence showing the applicant to be the owner of the property, or evidence that the applicant is the duly authorized agent of the owner.

(b)

The application shall be accompanied by the payment of a processing fee or deposit, in such amount as established from time to time by resolution of the City Council.

(Ord. No. 270, § 1, 7-15-2009)

The Community Development Department shall make an investigation of the application and shall prepare a report thereon, which shall be considered in determining whether to approve or deny the conditional use permit.

(Ord. No. 270, § 1, 7-15-2009)

Except for those uses identified in Section 15-55.065, the Planning Commission shall consider all applications for conditional use permits and shall conduct a public hearing at such time as the Director shall determine on each application prior to making a decision. Notice of the public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the site to be occupied by the conditional use. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not less than ten days prior to the date of the hearing.

(Ord. No. 270, § 1, 7-15-2009)

(a)

Unless the application otherwise requires design review or other approval by the Planning Commission, the following uses may be permitted by a conditional use permit issued by the Director in accordance with this Article:

(1)

Conditionally permitted uses not exceeding four thousand square feet in area in any commercial district ("Commercial CUPs").

(b)

Prior to making a final decision on any conditional use permit application, the Director shall mail to the applicant, all property owners whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the subject property, and to others as deemed by the Director to be interested or affected a Notice of Intent specifying the proposed decision. All interested or affected parties will have fifteen calendar days from the date of the notice in which to review the application, provide written comments to the Director, and make written request for a public hearing or notice of a hearing if one is to be held. The Director shall make a final written decision on the application after the close of the review period or, if a public hearing is requested, after the close of the public hearing. The Director shall mail notice of the decision to the applicant and to any party that has made written request for a copy of such notice prior to the close of the public hearing.

(c)

If a public hearing is requested the Director shall conduct a public hearing or refer the application for a hearing and decision before the Planning Commission at such time as the Director shall determine. The action of the Director to refer a matter to the Planning Commission is not subject to appeal. Notice of the public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons who have timely requested such notice in writing. Notice of the public hearing shall also be published once not less than ten days prior to the date of the hearing in a newspaper having general circulation in the City.

(Ord. No. 270, § 1, 7-15-2009; Amended by Ord. No. 315, § 1.5, 4-2-2014)

The Planning Commission or Director may grant a conditional use permit as applied for or in modified form if, on the basis of the application and the evidence submitted, the Commission or Director, as applicable, makes all of the following findings:

(a)

That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located.

(b)

That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(c)

That the proposed conditional use will comply with each of the applicable provisions of this Chapter.

(d)

That the proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof.

(Ord. No. 270, § 1, 7-15-2009)

(a)

The Planning Commission or Director, as applicable, may approve or deny the application for use permit. If approved or, the conditional use permit may be granted for a limited period of time, and may be granted subject to conditions.

(b)

The conditional use permit shall become effective upon the expiration of fifteen days following the date on which the conditional use permit was approved unless an appeal has been duly filed.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 270, § 1, 7-15-2009)

(a)

A conditional use permit granted pursuant to this Article shall expire thirty-six months from the date on which approval or conditional approval of such use permit became effective, unless prior to such expiration date the use is commenced, a building permit is issued and construction is commenced and prosecuted diligently toward completion on the site or structure constituting the subject of the use permit, or a certificate of occupancy is issued for such site or structure.

(b)

A conditional use permit may be extended for a period or periods of time not exceeding twelve months, for a total maximum use permit life of forty-eight months. The application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee or deposit in such amount as established from time to time by resolution of the City Council. A public hearing shall be conducted on the application for extension and notice thereof shall be given in the same manner as prescribed in Section 15-55.060 or 15-55.065 of this Article, as applicable. Extension of a conditional use permit is not a matter of right and the approving authority may deny the application or grant the same subject to conditions.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 270, § 1, 7-15-2009)

The Planning Commission and, as to uses identified in Section 15-55.065, the Director shall, in all cases, retain continuing jurisdiction over each conditional use permit and may at any time, either independently or in response to an application or request to do so, modify or delete any conditions of a conditional use permit or impose any new conditions if the Commission or Director determines that such action is necessary in order to preserve a substantial right of the applicant, or to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to preserve or restore any of the findings set forth in Section 15-55.070 of this Article. The procedure for making a modification or deletion shall be the same as prescribed in Section 15-55.060 or Section 15-55.065 of this Article, as applicable.

(Ord. No. 270, § 1, 7-15-2009)

A conditional use permit may be revoked by the Planning Commission upon a determination that the holder of the permit has failed to comply with any condition thereof or has violated any applicable provision of this Chapter. The procedure for making a revocation shall be the same as prescribed in Section 15-55.060 or Section 15-55.065 of this Article, as applicable.

(Ord. No. 270, § 1, 7-15-2009)

Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the conditional use permit; provided, however, this Section shall not apply to any denial which is specifically stated to be without prejudice.

(Ord. No. 270, § 1, 7-15-2009)

(a)

Any determination or decision by the Director on a Commercial CUP under subsection 15-55.065(1) of this Article may be appealed only to the City Council in accordance with Section 2-05.030 of the City Code.

(b)

Any determination or decision by the Planning Commission under this Article may be appealed to the City Council in accordance with the procedures set forth in Article 15-90 of this Chapter for appeals from decisions of the Planning Commission.

(Ord. No. 270, § 1, 7-15-2009; Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 364, § 1(Exh. A), 9-4-2019)