(A) The Planning Commission or the Zoning Administrator, as the case may be, shall approve an application for a use permit or variance as it was applied for or in modified form as required by the reviewing and approving body.
(B) On the basis of the application, plans, materials, and testimony submitted, the Planning Commission or the Zoning Administrator shall find all of the following:
(1) For use permits.
(a) That the granting of such use permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity;
(b) That the use applied for at the location indicated is properly one for which a use permit is authorized;
(c) That the site for the proposed use is adequate in size and shape to accommodate such use, and all yard spaces, walls, fences, parking, loading, landscaping, and other features required, to other uses in the neighborhood;
(d) That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use; and
(e) That the granting of such use permit will not adversely affect the comprehensive General Plan.
(2) For variances.
(a) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity;
(b) That the granting of such variance will not be materially detrimental to the public health or welfare or injurious to the property or improve-ments in such zone or vicinity;
(c) That because of special circum-stances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning provisions is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under the identical zone classifications; and
(d) That the granting of such variance will not adversely affect the comprehensive General Plan.
(3) For Design Review and Administrative Use Permit. No findings are necessary for Design Review Board action or for administrative use permits.
(Ord. 897-C-S, passed 10-25-94)