A request for a use permit may be granted subject to conditions, or denied by the planning commission for any use for which a use permit is permitted or required by these regulations, or for any use which, while not specifically enumerated in the regulations, is, in the opinion of the planning commission, similar to and compatible with the uses permitted in the zone in which the subject property is situated.

(Ord. 82-4 §3 (part)).

Application for a use permit shall be filed at the office of the city clerk upon a form provided, and shall be accompanied by such information as may be required to describe fully the proposed use for which the permit is sought, and shall be accompanied by a filing fee in the amount as established by resolution of the city council.

(Ord. 82-4 §3 (part)).

A.

Upon receipt of such application, the city clerk shall set the matter for public hearing as directed by the planning commission. Notice of the time and place of the hearing shall be given at least ten calendar-days before the hearing, by prepaid U.S. mail notices to owners of property adjoining that of the petitioner, using addresses from the last assessment roll, by publication once in a newspaper of general circulation in the city, and by posting such notice in conspicuous places on or close to the property affected.

B.

The notice shall include a general explanation of the matter to be considered and a general description of the area affected.

(Ord. 82-4 §3 (part)).

Within thirty days of the conclusion of the hearing, the planning commission shall act on the matter. The planning commission, before granting a conditional use permit, shall make all of the following findings:

A.

That the site for the proposed use is adequate in size and shape to accommodate the use of 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;

B.

That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

C.

That the proposed use will have no adverse effect upon adjoining or other properties. In making this determination, the commission shall consider the proposed location of improvements on the site; vehicular ingress, egress and internal circulation, setbacks, height of buildings; walls and fences; landscaping; outdoor lighting; signs, such other characteristics as will affect surrounding property;

D.

That the proposed use is consistent with the objectives and policies of the general plan;

E.

That the conditions established by the commission for the conditional use permit are deemed necessary to protect the public health, safety and general welfare. Conditions may include the following:

1.

Requiring special yards, spaces and buffers,

2.

Requiring fences and walls,

3.

Requiring enclosure of storage areas and limitation on out-of-door display of merchandise,

4.

Regulation of grading, surfacing, and drainage improvements,

5.

Regulation of points of vehicular ingress and egress,

6.

Regulation of signs,

7.

Requiring landscaping and maintenance thereof,

8.

Requiring maintenance of grounds,

9.

Requiring fire prevention equipment and measures,

10.

Regulation of noise, vibration, odors, etc.,

11.

Regulation of time for certain activities,

12.

Regulation of lighting,

13.

Requiring a bond or deposit of money to assure faithful compliance and performance on the part of the applicant for the completion of street improvements and other facilities, or the removal of such facilities,

14.

Requiring street dedications and improvements;

F.

Failure of the planning commission to act within the time set out in this section shall be deemed to be a denial of the application on that date. That action of the planning commission shall become final ten days from the date thereof, unless an appeal has been filed during the ten-day period.

(Ord. 85-23 §3 (part)).

Any conditional use permit granted under this chapter shall become null and void if not exercised within the time specified in such conditional use permit or, if no date is specified, within one year from date of approval.

(Ord. 82-4 §3 (part)).

At any time, during the effective periods of a use permit, an application may be made requesting a modification of use or conditions of issuance to a use permit. The application shall be filed in accordance with those provisions as established for a use permit. The fee for such request shall be that as established by resolution of the city council.

(Ord. 82-4 §3 (part)).

An application for renewal shall be filed prior to the expiration date of a use permit. Said application shall be filed in accordance with those provisions as established for a use permit. The fee for such request shall be that as established by resolution of the city council.

(Ord. 82-4 §3 (part)).

In any case where the terms and conditions to the granting of a conditional use permit are not complied with, the planning commission shall give notice to the holder of such conditional use permit of its intention to revoke the same. Proceedings for the revocation of a conditional use permit shall be conducted in the same manner as proceedings for action on the application therefor.

(Ord. 82-4 §3 (part)).