17-3-4 Conditional use review.
There are certain uses that, because of unique characteristics or the potential for detrimental impacts, may not be compatible in some areas of a zone or may be compatible only if certain conditions are imposed. The community and economic development department will evaluate all conditional use permit applications. The department may issue administrative conditional use permits or may recommend to the planning commission certain conditions of approval to applications for conditional use permits. The community and economic development department, and the planning commission, shall review all applications for a conditional use permit according to the following procedure:
A. Development Review Committee. If determined necessary by the community and economic development department, an applicant shall attend a pre-application conference with the development review committee to discuss the proposed improvements associated with the conditional use or administrative conditional use and the conditions that the staff would recommend to mitigate proposed adverse impacts. This meeting will allow other city departments to provide comments on the application.
B. Application. An applicant must pay all appropriate fees and must file a complete application. The applicant shall submit all information required in Section 17-3-3(B) through (E), if applicable.
C. Notice/Posting. Upon receipt of a complete application, the community and economic development department shall provide reasonable notice as provided in Section 17-3-9. The planning commission shall conduct a public hearing on the conditional use permit application and shall either approve, deny, or modify and approve the application. The community and economic development department shall accept written public comment on an administrative conditional use permit application and shall either approve, deny or modify and approve the application.
D. Standards For Review. The city shall not issue a conditional use permit unless the community and economic development department, in the case of an administrative conditional use, or the planning commission, for all other conditional uses, concludes that the application complies with the standards of review specific to the zone in which the use is proposed.
E. Transferability. A conditional use permit runs with the land.
F. Expiration. Unless otherwise indicated, conditional use permits and administrative conditional use permits shall expire one year from the date of approval, unless the conditionally permitted use has commenced on the site. Prior to the expiration of the conditional use permit, the planning commission may grant two additional extensions of up to one year each if the applicant demonstrates that the extension would not result in an unmitigated impact.
G. Revocation. If the community and economic development department determines that the holder of a conditional use permit or an administrative conditional use permit is in violation of the terms or conditions upon which the permit was issued, the community and economic development department shall notice the permit holder and schedule a hearing before the planning commission at which the permit holder must show cause to the planning commission why the conditional use permit or administrative conditional use permit should not be revoked. If the planning commission determines that the terms or conditions of the permit have been violated, it shall cause the permit holder to specify how the holder will promptly comply with the terms and conditions of the permit, or it shall revoke the permit.
H. Appeals. Appeals must be pursuant to Section 17-3-14. (Ord. 2012-09 § 2 (Att. B (part)); Ord. 7/11/2006O-10 § 1 (Exh. A (part)); Ord. 12-11-2001C § 2 (part))