A. Purpose. The purpose of the conditional use permit is for the individual review of uses, typically having unique or unusual site development features or operating characteristics. Conditional use permits are intended to ensure compatibility with surrounding areas and uses where such uses are deemed essential or desirable to the various elements or objectives of the general plan.
B. Applicability. A conditional use permit is required for all uses specifically identified as requiring a conditional use permit in Article II. Zoning districts, allowable land uses, and development standards, and Article IV. Standards for Specific Land Uses, of this title. A conditional use permit is also required for the expansion or modification of existing nonconforming structures of uses. Applicable provisions for nonconforming uses and structures are in Chapter 17.14 (Nonconforming Uses and Structures) of this title.
C. Approving Authority. The designated approving authority for a conditional use permit is the Planning Commission. The Community Development Director provides a recommendation and the Planning Commission approves, conditionally approves, or denies the conditional use permit in accordance with the requirements of this title.
D. Application Contents. The application for a conditional use permit shall be on a form prepared as prescribed by the Community Development Director.
E. Public Hearing. The city shall provide notice and a public hearing for consideration of the approval, modification, revocation or appeal of an application for a conditional use permit in accordance with Section 17.10.050 (Public Hearing and Public Notice).
F. Approval Findings.
1. General. Conditional use permits shall be granted only when the Planning Commission determines that the proposed use or activity complies with all of the following findings:
a. The proposed use is consistent with the general plan, any applicable specific plans, and all applicable provisions of this title.
b. The establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.
c. The site of the proposed use is physically suitable for the type, density and intensity of the use and related structures being proposed.
d. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity.
2. Non-Conforming Uses. A conditional use permit shall be granted only when the designated approving authority determines that the proposed use or activity complies with all of the following findings:
a. The proposed use is consistent with the general plan, any applicable specific plans, and all applicable provisions of this title.
b. The establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.
c. The site of the proposed use is physically suitable for the type, density and intensity of the use and related structures being proposed.
d. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity.
3. The modified or expanded nonconforming structure or uses is not incompatible with reasonably foreseeable uses as allowed under the applicable zoning regulations.
G. Conditions/Guarantees. The approving authority may impose conditions and/or require guarantees for the conditional use permit to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to the surrounding neighborhood.
H. Permit Issuance. The final action on the conditional use permit by the approving authority shall constitute approval of the permit. Such permit shall only become valid after the designated appeal period has been completed, per the provisions as set forth in Section 17.10.080 (Effective Date).
I. Appeals. Appeal of the approving authority's action on the request for conditional use permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
J. Expiration. All approved conditional use permits are subject to the provisions set forth in Section 17.10.100 (Permit Time Limits, Extensions, and Expiration). (Ord. 2010-02 § 1 (part), 2010)