(A) Power to grant. The Board shall have the power to hear and decide applications for conditional use permits for only such uses for which this appendix requires such a permit, subject to the requirements of this section.
(70.70.10)
(B) Application for permit. The applicant shall submit a written application for a conditional use permit indicating the section of this appendix under which the permit is sought, stating the grounds on which a permit is requested, and submitting a site plan showing the proposed development. When the application is filed, a fee, as provided in § 70.85, shall be paid.
(70.70.20)
(C) Public hearing on the application. The Board shall hold a public hearing on the application as provided in § 70.60.
(70.70.30)
(D) Findings. The Board shall make written findings certifying that the application complies with such pertinent individual conditions of use as may be set forth in §§ 50.0001 through 50.8200, that any additional conditions of use specified in the granting of the permit are compatible with the general provisions of this appendix, as well as the provisions for the district in which such use is permitted, and that satisfactory provisions and arrangements have been made concerning the following, where applicable:
(1) Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site;
(2) Safety from fire hazard and measures for fire control;
(3) Protection of adjacent property from flood or water damage;
(4) Noise producing elements and glare of vehicular and stationary lights and effects of such lights on the established character of the neighborhood;
(5) Location, lighting, and types of signs and relation of signs to traffic control and adverse effects on adjacent properties;
(6) Street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood;
(7) Adequacy of parking, as determined by requirements of this appendix for off-street parking facilities in the use district in which the site is located; location of ingress and egress points for parking and off-street loading spaces; and protection of public health by surfacing on all parking areas to control dust; and/or
(8) Such other measures as will secure and protect public health, safety, morals, and general welfare.
(70.70.40)
(E) Board action. The Board shall consider the application and site plan and shall grant or deny the application. In granting an application, the Board shall impose such requirements and conditions, in addition to those expressly stipulated in this appendix for the particular use, as the Board may deem necessary for the protection of adjacent properties and the public interest.
(70.70.50)
(F) Issuance of permit. Where a conditional use permit is required and granted, it shall be issued prior to issuance of a building permit or a certificate of occupancy, and shall be issued subject to the conditions upon which the Board has determined to grant the permit.
(70.70.60)
(G) Expiration of conditional use permit.
(1) Authority to issue building or occupancy permits pursuant to the granting of a conditional use permit shall expire two years after the granting of the conditional use permit, except when the following conditions have been met:
(a) Building permits have been issued, materials have been acquired, and the foundation of at least one building has been placed on the site; or
(b) Where no construction is required, an occupancy permit has been issued, and actual operation of the use has been started.
(2) After authority for issuance of a building or occupancy permit, pursuant to the granting of a conditional use permit, has expired by default, no building or occupancy permit shall be issued, except under a conditional use permit granted pursuant to a new application.
(70.70.70)
(Prior Code, Appendix B, § 70.70) (Ord. 702, passed 3-15-1971)