5.08 Use Permits and Variances, on each application for an exception from the

termination requirements of this section. Upon the conclusion of the hearing, the Commission shall determine whether the use of the property on the date of adoption of this Code is compatible with and not detrimental to the land uses designated in the General Plan for the surrounding area and properties. If it so finds, it shall recommend to the City Council that the use shall be excepted from the termination provisions of this section. The Commission may recommend such conditions as it may find necessary to ensure compatibility, including, but not limited to: required improvement of or modifications to existing improvements on the property, limitations on hours of operations, limitations on the nature of operations, and a specified term of years for which the exception shall be granted.

3. Council Action. Upon receipt of the recommendation of the Planning Commission,
the City Council shall consider the application within a reasonable time. The Council
may, at its option, conduct a public hearing on the application. If the City Council
finds that the use of the property is compatible with and not detrimental to those land
uses designated in the General Plan for the surrounding area and properties, it shall,
by motion, except said use from the termination provisions of this section. In granting
such exception, the City Council may impose such conditions as are deemed
necessary to ensure such compatibility, including, but not limited to, the conditions
set out in Subsection C.2. The action of the City Council shall be mailed to the owner
of the nonconforming property within ten working days and filed for record in the
office of the County Recorder.
(Ord. 2001-015 § 1; Ord. 2004-007 § 7; Ord. 2020-002 § 4; Ord. 2022-001 § 3)

Title Z5

ADMINISTRATION

Chapter 5.04 § 5.08.132. Effective Date; Appeals.
ZONING PERMITS REQUIRED; § 5.08.136. Lapse of Approval;
ENVIRONMENTAL REVIEW; FEES Transferability;
AND DEPOSITS Discontinuance; Revocation.