§ 153.216  USE PERMITS.
   Use permits may be issued for any of the uses or purposes for which such permits are required and are subject to the provisions of the section:
   (A)   Form.  Applications for a use permit shall be made to the Planning Commission in writing on a form prescribed by the Commission and shall be accompanied by sufficient information in writing, drawings or pictures to show the detail of the proposed use or building.  A filing fee in such amount as may be fixed by the City Council shall be paid at the time the application is filed.
   (B)   Public hearing. Whenever an application for a use permit is submitted to the Planning Commission, the Planning Commission shall give notice of hearing not less than ten days before the date of hearing in either of the following ways:
      (1)   By publication in a newspaper of general circulation in the city and posting the notice in conspicuous places close to the property affected.
      (2)   By mailing the notice to the owners of adjacent properties as shown on the last equalized assessment role.  Adjacent properties shall mean all properties whose boundaries touch, or would touch if not for alleys and public streets, the property for which the use permit has been requested.
(Ord. 82-7, passed 9-27-82)
   (C)   Action by the Planning Commission.  In order to grant any use permit, the applicant must introduce evidence in support of his application sufficient to enable the Planning Commission to find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
      (1)   The Planning Commission may designate such conditions in connection with the use permit as it deems necessary to secure the purpose of this title and may require such guarantees and evidence that such conditions are being or will be complied with.
      (2)   In cases where any use permit is refused, the Planning Commission shall state its reasons for such refusal.
(Ord. 89-22, passed 1-8-90)
   (D)   Appeal to Council.  In case the applicant or any other person is not satisfied with the actions of the Planning Commission, he may within ten days appeal in writing to the City Council.
      (1)   Decisions appealed to the City Council shall be set for specific time and place of public hearing at the next regular meeting.
      (2)   Notice of hearing shall be given as provided in division (B) above.
      (3)   The Council shall render its decision within 60 days after the filing of such appeal.
   (E)   Effect. Use permit shall not become effective for ten days after being granted and in the event an appeal is filed shall not become effective until a decision is made by the Council on such appeal.
      (1)   No building or zoning permit shall be issued in any case where use permit is required by the provisions of this title unless and until such permit has been granted by the Planning Commission or Council and then only in accordance with the terms and conditions of the use permit granted.
      (2)   No application for a use permit which has been denied shall be resubmitted for a period of one year from the date the order of denial became final, except on grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission or City Council, whichever issued the order of denial.
(Ord. 82-7, passed 9-27-82)
      (3)   Any use permit granted shall be null and void 12 months from the date of final approval thereof unless prior to such expiration date, the property is being used for the purpose for which the use permit was granted or unless a valid building permit is in effect for the construction of necessary buildings or appurtenances to such use.  The Planning Commission may defer expiration of the permit for a period not exceeding one year upon application, in writing, by the owner of the property prior to expiration provided such use is still permitted in the district in which it is proposed to be located.
(Ord. 83-9, passed 8-22-83)
(`67 Code, § 10-15-2)