The procedure set forth in this chapter shall apply to all uses permitted subject to conditional use permit.

(Ord. 93-03-1152 § 15 (part): prior code § 19.68.010 (Ord. 557 § 403 (part), 1964))

   The following application procedure shall apply:

   A.   Review of Application. Application for a conditional use permit shall be reviewed by the planning commission. If the planning commission recommends city council approval of a conditional use permit, a city council hearing shall be scheduled in accordance with Section 20.64.080, Council Hearing.

   B.   Filing. Application for a conditional use permit shall be filed by the owner or lessee of the property for which the permit is sought, or by the authorized representative of either the owner or lessee, or by the person who is or will be the plaintiff in an action in eminent domain to acquire the property.

   C.   Form and Contents. Application shall be made to the commission and council on forms furnished by the city and shall be full and complete, including such data as may be prescribed by the commission and council to assist in determining the validity of the request.

   D.   Verification. The director of planning, or a person delegated by him, shall verify the accuracy and completeness of the application. The date of verification shall be noted on the application, and such date shall be considered as the filing date. Such verification shall be made within thirty days of the filing of such application.

   E.   Not in Scope. In cases where the director of planning considers the reasons and conditions as set forth in the application not within the scope of the conditional use permit, the applicant shall be so informed; whereupon, if the application is filed and the fees are accepted, the application shall be signed by the applicant to the effect that he was so informed. Acceptance of an application does not constitute an indication of approval.

(Ord. 93-03-1152 § 15 (part): prior code § 19.68.020 (Ord. 582 § 1(55), 1965; Ord. 557 § 403(A), 1964))

   When the application for a conditional use permit is filed, a fee as provided in Section 20.88.010 shall be paid for the purpose of defraying the costs incidental to the proceedings.

(Ord. 93-03-1152 § 15 (part): prior code § 19.68.030 (Ord. 557 § 403(B), 1964))

   The city shall investigate the facts bearing on the case to provide information necessary for action consistent with the intent of this title and the general plan.

(Ord. 93-03-1152 § 15 (part): prior code § 19.68.040 (Ord. 557 § 403(C), 1964))

   A.   The planning commission hearing date shall be set for not less than ten nor more than sixty days after the application is verified as complete.

   B.   Notice of all public hearings shall be given and shall contain the name and place of the hearing and other pertinent data presented in the application.

   C.   Notice shall be mailed not less than ten days before the date set for the hearing to owners of property within a radius of three hundred feet of the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown on the latest adopted tax roll of the county.

   D.   When requested by the commission, notices may be posted not less than ten days before the date set for the hearing in front of the subject property including placing of notices not more than two hundred feet apart on each side of the street upon which the subject property fronts for a distance of not less than four hundred feet in each direction from the subject property.

(Ord. 93-03-1152 § 15 (part): prior code § 19.68.050 (Ord. 557 § 403(D), 1964))

   A.   The commission shall, not less than ten days after the legal notice of a public hearing on a conditional use permit application, hold the public hearing.

   B.   The commission shall announce its recommendation or decision by resolution within forty days after the conclusion of the public hearings. The resolution shall set forth the findings of the commission and any recommended conditions, including time limit, deemed necessary to protect the health, safety and welfare of persons in the neighborhood and in the community as a whole.

   C.   The resolution, in the case of all conditional use permits, shall be mailed to the applicant at the address shown in the application. The applicant or any person aggrieved may appeal any decision of the commission to the council by filing a written notice of appeal after the decision. Such appeal shall set forth the reason therefor.

(Ord. 93-03-1152 § 15 (part): prior code § 19.68.060 (Ord. 557 § 403(E), 1964))

   A.   The commission, in recommending a conditional use permit, shall find as follows:

   1.   The site for the proposed use is in conformity with the general plan and is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by this title to adjust the use with land and uses in the neighborhood.

   2.   The site for the proposed use relates to the streets and highways element of the general plan and is adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.

   3.   The proposed use will have no adverse effect on abutting property or the permitted use thereof.

   4.   The conditions stated in the resolution are deemed necessary to protect the public health, safety and general welfare. Such conditions may include the following:

   a.   Special yards, spaces and buffers;

   b.   Fences and walls;

   c.   Surfacing of parking areas subject to specifications;

   d.   Requiring street dedications and improvements (or bonds) subject to the provisions of Chapter 20.52, including service roads or alleys when practical;

   e.   Regulations of points of vehicular ingress and egress;

   f.   Regulations of signs;

   g.   Requiring maintenance of the grounds;

   h.   Requiring landscaping and maintenance thereof;

   i.   Regulation of noise, vibration, odors, etc.;

   j.   Regulation of time for certain activities;

   k.   Time period within which the proposed use shall be developed (See Section 20.64.100);

   l.   A bond for removal of such use within a specified period of time;

   m.   A request for a site plan for purposes of review, the site plan to be submitted by the applicant and approved by the city prior to the issuance of a building permit; and

   n.   Such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title.

   B.   The planning commission may recommend adoption of specific property development standards by policy resolution for any use permitted under this chapter. Standards may be more restrictive than those required in the district but shall under no circumstances be less restrictive.

(Ord. 93-03-1152 § 15 (part): Ord. 68-10-629 § 49; prior code § 19.68.070 (Ord. 582 § 1(56), 1965; Ord. 557 § 403(F), 1964))

   The hearing date shall be set by the city clerk for not less than ten nor more then sixty days after the filing of the commission resolution recommending city council approval of a conditional use permit, with the council pursuant to subsection A of Section 20.64.020 or the filing of an appeal pursuant to subsection C of Section 20.64.060. Notice shall be given as provided in Section 20.64.050.

(Ord. 93-03-1152 § 15 (part): prior code § 19.68.080 (Ord. 557 § 403(G), 1964))

   A.   The council shall, not less than ten days after the legal notice of a public hearing on a conditional use permit, hold the public hearing.

   B.   The council may approve, approve with stated conditions, or disapprove the conditional use permit application by resolution. The council may add to or delete any of the conditions recommended by the commission. Such decision shall be made within forty days of the hearing.

   C.   A copy of the council resolution shall be mailed to the applicant at the address shown on the application.

(Ord. 93-03-1152 § 15 (part): prior code § 19.68.090 (Ord. 557 § 403(H), 1964))

   The council may establish a time limit within which the subject property and use or any stage or phase thereof shall be commenced and completed. The time limits set by the council shall be reasonable, based on the size and nature of the proposed development. The time limit may be extended by the council for good cause when the applicant presents proof of an unusual hardship not of his own making. Once any portion of the conditional use permit is utilized, the other conditions thereof become immediately operative and must be strictly complied with.

(Ord. 93-03-1152 § 15 (part): prior code § 19.68.100 (Ord. 557 § 403(I), 1964))

   The decision of the council shall be final.

(Ord. 93-03-1152 § 15 (part): prior code § 19.68.110 (Ord. 557 § 403(J), 1964))

   A.   The council, on its own motion at a public hearing with or without a recommendation from the commission, may revoke any conditional use permit granted by it, for noncompliance with the conditions set forth in granting the permit.

   B.   The commission, on its own motion at a public hearing with or without a recommendation from the council, may recommend the revocation of any conditional use permit granted by it for noncompliance with the conditions set forth by the commission in granting the permit.

   C.   If an established time limit for development expires and no extension has been granted, the conditional use permit and all rights and privileges established therein shall be considered void.

(Ord. 93-03-1152 § 15 (part): prior code § 19.68.120 (Ord. 557 § 403(K), 1964))

   Within ten days after the granting of a conditional use permit, the city clerk shall indicate on the zone map the lot or lots affected by such conditional use permit. Such indication shall show the file number of such permit.

(Ord. 93-03-1152 § 15 (part): prior code § 19.68.130 (Ord. 557 § 403(L), 1964))

   No person, including the original applicant, shall reapply for a similar conditional use permit on the same land, building or structure within a period of one year from the date of the final decision on such previous application unless such decision is a denial without prejudice.

(Ord. 93-03-1152 § 15 (part): prior code § 19.68.140 (Ord. 557 § 403(M), 1964))