The granting of conditional use permits and variances shall be in accordance with the following procedure: (Ord. 1474, 1-8-1991)
(A) Application for a conditional use permit or variance shall be filed with the development services department on a form furnished by said department, accompanied by a site plan and fee set by resolution of the city council, no part of which may be refunded. When the applicant is not the owner of the property, the written authorization of the owner shall accompany the application. The application shall not be accepted for filing by said department unless it conforms to the filing requirements established by the commission. The requirement that the applicant for a conditional use permit or variance be the owner of the property or written authorization be obtained from the owner shall not apply to public utilities or other agencies with powers of eminent domain.
(B) The development services department shall set the hearing date and shall give notice of application and hearing by mailing notices to all property owners within three hundred feet (300') of the exterior boundaries of the subject property, using the ownerships, names and addresses from the last adopted tax roll. The notice shall state the name of the applicant, the location of the property, the use or exception applied for, and the time and place of the hearing. The failure of any property owner to receive the notice shall not invalidate the proceedings. If the hearing is continued by the commission, and the time and place announced publicly at the time of adjournment of the hearing, no further notice is required. (Ord. 1474, 1-8-1991; amd. Ord. 1654, 6-25-2013)
(C) Within forty (40) days after the application is deemed complete, the planning commission shall hold a public hearing on the application at a regular or special meeting of the commission. Failure of the commission to make a decision on an application within thirty (30) days after the hearing shall constitute a denial of the application, and the secretary of the commission shall certify such denial.
(D) The commission may require such terms and conditions to the granting of a conditional use permit or variance as the commission may deem necessary. Noncompliance with these terms or conditions shall be a cause of revocation of such permit or variance. Revisions to the terms or conditions of a granted permit or variance shall require a new permit or variance.
(E) All conditional use permits and variances granted by the commission shall expire and become null and void eighteen (18) months after the date of granting such permit, unless the authorized use is carried on, or a building permit has been obtained for the structure requiring the use permit or variance, prior to the date of expiration.
(F) The conditional use permit and variance shall run with the land, i.e., shall apply to the parcel specified in the conditional use permit or variance, regardless of any change of ownership, but may not be transferred to another parcel.
(G) The conditional use permit and variance shall become effective and be issued eleven (11) days after the commission granted the permit unless an appeal has been filed, in which case the conditional use permit and variance shall not be issued until the granting of the permit is affirmed on appeal.
(H) No application shall be reconsidered and no new application shall be considered by the commission for a conditional use permit or variance previously acted upon by the commission within one year after the date of such action, unless the commission establishes that there has been a substantial change in the circumstances under consideration since the original proceedings. (Ord. 1474, 1-8-1991)
(I) A conditional use permit or variance being processed concurrently with an application requiring city council action shall be scheduled for public hearing before the planning commission for its recommendation and the city council for final action. (Ord. 1654, 6-25-2013)