Certain uses, referred to in this Title as conditional uses, are declared to possess characteristics which require special appraisal by the Planning Commission or Zoning Administrator in each instance, to determine whether or not the use is necessary or desirable and will be properly related to other uses and to transportation and service facilities in the vicinity, and whether or not the use would, under all circumstances of the particular case, affect adversely the health or safety of persons living or working in the vicinity or be materially detrimental to the public welfare. A Conditional Use Permit is revocable, may be granted subject to conditions, or may be denied.

An application for a Conditional Use Permit shall be filed with the Development Department on a standard application form and accompanied by the following information:

(a)

A completed Environmental Information Form describing existing environmental conditions, the proposed project and identifying potential environmental impacts of the project;

(b)

Maps, drawings, plans, tabulations and other documents required on the standard City application form to describe the project adequately;

(c)

Required fee(s).

The Zoning Administrator shall have the power and duty to review and make decisions conditional uses that take place on existing developed sites and modifications to established conditional uses. The Zoning Administrator shall have the discretion to refer an application to the Planning Commission due to its complexity, size, intensity, impacts, location, or for any other reason deemed necessary and the application shall be assessed the appropriate fees.

The Planning Commission shall receive, hear and decide every application for a conditional use, unless otherwise reviewed by the Zoning Administrator. Each decision by the Planning Commission granting a Conditional Use Permit shall be adopted by a resolution, including the required findings prescribed in this article.

(Ord. No. 2299, 6-18-13, eff. 7-18-13)

The hearing body, the Planning Commission, or Zoning Administrator, may grant an application for a Conditional Use Permit as it was applied for, or in modified form, if, on the basis of the application and the evidence. The Planning Commission or Zoning Administrator may impose reasonable and appropriate conditions on the approval of Conditional Use Permits in order to assist in achieving the purposes of the Development Code and to justify making necessary findings. The hearing body shall find that:

(a)

The proposed location of the conditional use is in accord with the objectives and requirements of the Development Code;

(b)

The proposed location of the conditional use and the conditions under which it will be operated is consistent with the General Plan and will not be detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity;

(c)

The traffic generated by the proposed conditional use will not overload the capacity of the surrounding street system and will not create a hazard to public safety;

(d)

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

The action authorizing a conditional use or disapproving the same shall be effective ten days after the date of such action, unless a notice of appeal is filed pursuant to Chapter 2 Article 2 of this Title.

Unless a different period of time is specified among the conditions of approval, the authorization of a conditional use shall lapse and be void three years after the date of final approval, when processed in conjunction with a site plan, unless plans have been submitted and accepted by the building division and are actively being processed. Those conditional uses not processed in conjunction with a site plan shall lapse and be void one year after the date of final approval, unless the use is established or plans have been submitted and accepted by the building department and are actively being processed. However, upon application to the planning department, an extension not to exceed ninety days may be granted by the Zoning Administrator based upon reasonable circumstances. Once established, a conditional use shall not be considered abandoned unless a period of six months has elapsed since the use ceased operation.

(Ord. No. 2410, § 2, 7-21-20)

A Conditional Use Permit shall apply only to the use and location which was the subject of the application. The Conditional Use Permit shall expire upon change of use or change of location.

Upon a violation of any provision of this Chapter, or, if granted subject to a condition or conditions, upon failure to comply with the conditions or if the use has become a nuisance, the Zoning Administrator shall serve the property owner and occupant (if different from the property owner) with a "Notice of Commencement of Revocation Proceedings", which may include a "Notice of Suspension of a Conditional Use." The Planning Commission shall call a public hearing within sixty (60) days from the date of notice in accordance with Chapter 2 Article 5 of this Title. If the Planning Commission determines that conditions of the Conditional Use Permit have been violated, the Commission shall make the following findings:

(a)

That the Conditional Use Permit contains certain conditions that are not being complied with on a certain date or within a period of time;

(b)

That the failure to comply with the conditions was done knowingly and intentionally or with reckless disregard of the requirements for compliance or, if not knowingly or intentionally or with reckless disregard, the failure to comply was not cured by the date of the hearing.

Written notice of Planning Commission action, including findings, shall be delivered to the property owner and/or occupant and filed with the City Clerk at least thirty (30) days following the public hearing.

Following denial of an application for a Conditional Use Permit 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 site shall be filed within one (1) year after the date of denial or revocation of the Conditional Use Permit.