Sec. 26-221. - Purpose.

The City recognizes that certain types of land use, due to the nature of the use, require special individual review. Such review is required to determine whether the proposed use, or the location of the use, is compatible with surrounding uses or can be made compatible through the imposition of development conditions. The conditional use permit is established to facilitate such review.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-222. - Conditional use permits reviewed by Planning Commission.

(a)

Planning Commission may grant conditional use permits for projects located within all land-use zones.

(b)

A conditional use permit may be granted for uses that possess unique characteristics and which are impractical to include in a specific zone as a matter of right.

(c)

Notwithstanding any other provisions of this chapter, the Planning Commission, after application therefore and hearing, after notice in the manner provided in division 1 of this article, may authorize the conditional uses included herein if it finds the proposed location of any such uses will not be detrimental to adjacent property or to the public welfare; and that the uses are essential or desirable to the public convenience and welfare.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-223. - Conditional use permits reviewed by the City Council.

(a)

The City Council may grant conditional use permits for projects located within the public right-of-way, or City owned properties.

(b)

A conditional use permit may be granted for public right-of-way uses that possess unique characteristics and which are impractical to allow as a matter of right.

(c)

Notwithstanding any other provisions of this chapter, the Community Development Director of their designee, after application therefor and hearing, after notice in the manner provided in division 1 of this article, may render a recommendation for City Council consideration.

(d)

The City Council, after notice in the manner provided in division 1 of this article, may consider the Community Development Director or their designee's recommendation and may authorize the public rightof-way conditional uses upon determining that the findings required by section 19-300 have been met.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-224. - Required findings for conditional use permit.

(a)

Prior to the granting of a conditional use permit for projects located within all land-use zones it shall be found:

(1)

That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community.

(2)

That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.

(3)

That the site for the proposed use is adequate in size and is so shaped as to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to adjust said use to the land and uses in the neighborhood and make it compatible therewith.

(4)

That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as to guarantee that such generations will not be channeled through residential areas on local residential streets.

(5)

That the granting of such conditional use permit will not adversely affect the General Plan of the City, or any other adopted plan of the City.

(b)

Prior to the granting of a conditional use permit for projects located within the public right-of-way it shall be found that the findings required by section 19-300 have been met.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-225. - Approval or rejection of conditional use permit.

Any application for a conditional use permit may be rejected, approved, modified and approved, or approved subject to conditions.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)