§ 154-03.05  Conditional Use Permits.
   (A)   Purpose.  The purpose for the conditional use permit procedure is to allow approval of uses which are deemed to possess location, use, building or traffic characteristics of such unique and special form as to make impractical or undesirable, their automatic inclusion as permitted uses in certain districts. The Planning and Zoning Commission shall have the authority to grant approval for conditional uses, under the procedures herein stated. In granting a conditional use permit; certain safeguards may be required, and certain conditions established to accomplish to following:
      (1)   To protect the public health, safety, convenience and general welfare;
      (2)   To assure that the purposes of the zoning code shall be maintained with respect to the particular conditional use on the particular requested site;
      (3)   To consider the location, use, building, traffic characteristics and environmental impact(s) of the proposed use; and
      (4)   To consider existing and potential uses with the general area in which the requested conditional use is proposed.
('80 Code, App. A, § 215)  (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
   (B)   Conditions of approval.  The conditions of approval required by the Planning and Zoning Commission in granting a conditional use permit may include, but are not limited to, provisions concerning access, aesthetics, appearance, area, driveways, environmental attenuation, general character, height, hours of operation, lighting, loading, neighborhood compatibility; noise attenuation, on- and off-site improvements, open spaces, operating hours, parking, prevention of vandalism or graffiti, revocation dates, security of persons and property, setbacks, signs, site plan, size, street right-of-way dedication, time limits for commencing construction or use authorization, use, walls, yards and any other conditions the Planning and Zoning Commission may deem appropriate and necessary to carry out the purpose(s) of the zoning code.
('80 Code, App. A, § 215)  (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
   (C)   Exceptions; approval or denial.  In granting a conditional use permit, the Planning and Zoning Commission shall be authorized to hear and decide applications for an exception(s) as follows:
      (1)   When filed concurrently with a conditional use permit application;
      (2)   As authorized by § 154-03.04(A) as a variance to the zoning code; and
      (3)   Provided the Planning and Zoning Commission shall make the four findings of fact required by § 154-03.04(D)(1) of the zoning code.
('80 Code, App. A, § 215)  (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
   (D)   Types of conditional uses.  The Planning and Zoning Commission may grant a conditional use permit in accordance with the procedures stated in the zoning code for any of the following uses:
      (1)   Any use listed as a conditional use in any district;
      (2)   A temporary and revocable use of property on an undeveloped parcel(s) for a maximum period of 12 months; provided, such use be of a true temporary nature, does not require the erection of substantial buildings or improvements and shall be subject to the applicant furnishing satisfactory assurance of complete removal of such buildings or improvements at the expiration of the permit approval; and
      (3)   Any hazardous material environmental remediation program, project or facility proposed to exceed a ten-day period for property in any district.
('80 Code, App. A, § 215)  (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
   (E)   Application.  A written application shall be submitted to the Planning and Neighborhood Services Division as follows:
      (1)   On the form provided by the Zoning Administrator and signed by the property owner;
      (2)   Shall specify the conditional use requested;
      (3)   Shall be accompanied by a nonrefundable filing fee in accordance with the fee schedule adopted by City Ordinance No. 1943, and successors;
      (4)   Shall include reasons for granting the application; and
      (5)   Shall include plans and other pertinent information.
('80 Code, App. A, § 215)  (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
   (F)   Public hearing.  A public hearing shall be held by the Commission. Notice of the time and place of the hearing shall be given as outlined in § 154-03.02(D).
   (G)   Planning and Zoning Commission action.
      (1)   The Planning and Zoning Commission shall have the authority to hear and decide applications for conditional use permits. However, when specified by the zoning code that the City Council shall have the final authority to decide applications for conditional use permits, the decision of the Planning and Zoning Commission shall be advisory to the City Council.
      (2)   In order to approve an application for a conditional use permit, the Planning and Zoning Commission shall make a finding that each of the following questions can be answered affirmatively.
         (a)   Is the Planning and Zoning Commission, or the City Council, authorized under the zoning code to grant the conditional use permit described in the application?
         (b)   Will the establishment, maintenance and/or operation of the requested conditional use, under the circumstances of the particular case, not be detrimental to the health, safety; peace, morals, comfort or general welfare of persons residing, or working, in the vicinity or such proposed use, or be detrimental or injurious, to the value of property in the vicinity, or to the general welfare of the city?
         (c)   Are the provisions for ingress, egress and traffic circulation, and adjacent public streets adequate to meet the needs of the requested conditional use?
         (d)   Are the provisions for building(s) and parking facility setbacks adequate to provide a transition from, and protection to, existing and contemplated residential development?
         (e)   Are the height and bulk of the proposed buildings and structures compatible with the general character of development in the vicinity of the requested conditional use?
         (f)   Have provisions been made to attenuate noise levels and provide for adequate site and security lighting?
         (g)   Has the site plan for the proposed conditional use, including, but not limited to landscaping, fencing and screen walls and/or planting, CPTED strategies (Crime Prevention Through Environmental Design) and anti-graffiti strategies been adequately provided to achieve compatibility with adjoining areas?
('80 Code, App. A, § 215)  (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
   (H)   Expiration and time extensions.
      (1)   Expiration.  In any case where a conditional use permit has not been used within one year after the granting thereof, it shall be null and void.
      (2)   Time extensions.  The Commission, the Hearing Officer, or in the case of City Council approval, the Council, shall hold a public hearing to consider the granting of a time extension of no more than one additional year as follows:
         (a)   Upon request by the applicant;
         (b)   When the request is filed in writing with the Planning and Neighborhood Services Division prior to the expiration date of the original conditional use permit approval;
         (c)   When accompanied by a time extension fee in accordance with City Ordinance No. 1943, and successors; and
         (d)   Upon determination by the Commission, the Hearing Officer, or in the case of City Council approval, the Council, that there have been no changes in the circumstances, or the vicinity of the property or use, which would render the previously approved conditional use permit inappropriate.
('80 Code, App. A, § 215)  (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2011-10, passed 4-20-2011)
   (I)   Revocation or modification of conditional use permits.
      (1)   Revocation.  The Planning and Zoning Commission, shall be authorized to hold a public hearing to consider the revocation or modification of a conditional use permit previously granted in accordance with the provisions of the zoning code. A written notice of the date, time, place and purpose of the hearing shall be served on the owner of the property for which the conditional permit use was granted by registered mail return receipt requested, not less than seven days prior to the date of such hearing. Additional notice shall be provided as specified in § 154-03.02(D).
      (2)   Findings.  A conditional use permit may be revoked, or modified, if, from the facts presented at the public hearing, or by investigation, the Planning and Zoning Commission makes an affirmative determination on any one or more of the following findings:
         (a)   The conditional use permit was obtained by fraud;
         (b)   The conditional use permit is being exercised contrary to the conditions of approval of such conditional use permit, or in violation of any applicable law, license, ordinance, permit or regulation; and/or
         (c)   The use for which the conditional use permit was granted is being, or has been, exercised as to be detrimental to the public health, or safety, or so as to constitute a nuisance.
      (3)   Appeal of revocation.  Each decision by the Planning and Zoning Commission to revoke a conditional use permit shall be by a majority of the membership of the Commission present and voting. Any person may appeal in writing to the Planning and Neighborhood Services Division, including any required appeal fee, within 30 days of the revocation determination of the Planning and Zoning Commission. The appeal shall be forwarded to the City Council. The City Council may, after a public hearing, affirm, reverse or modify the decision of the Planning and Zoning Commission.
('80 Code, App. A, § 215)  (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2010-32, passed 7-7-2010)