Sec. 153.923 - Action of the planning director.

The Planning Director, after determining that the application is complete, shall make an investigation of the application and shall prepare a written report which shall be submitted to the Planning Commission and made available to the applicant prior to the public hearing.

(1975 Code, § 9-2.1003) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.924 - Referrals.

The Planning Director may refer the application to the Architectural and Site Review Board or other boards, committees, or Town officers for review and comment.

(1975 Code, § 9-2.1004) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.925 - Public hearings.

The Planning Commission shall hold at least one public hearing on each application for the approval, revocation, or modification for a use permit. The hearing shall be set and notice given as prescribed in Section 153.963 of this chapter. At the public hearing the Planning Commission shall review the application and the drawings and other documents submitted and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 153.927 of this subchapter.

(1975 Code, § 9-2.1005) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.926 - Planning Commission action.

The Planning Commission may approve an application for a use permit as it was applied for or may approve the application with modifications if, on the basis of the application and evidence submitted, the Planning Commission makes all of the findings prescribed in Section 153.927 of this subchapter.

(1975 Code, § 9-2.1006) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.927 - Findings for use permits.

(A)

After a public hearing, the Planning Commission may authorize a conditional use in any zoning district in which such use is permitted by the provisions of this chapter provided the facts presented at the public hearing allow the Planning Commission to make all of the following findings:

(1)

That the proposed use at such location is necessary or desirable to provide a facility or service which will contribute to the general well-being of the neighborhood or community or which needs to be located where proposed due to the operating requirements of a public utility or service;

(2)

That the proposed use at the particular location will be consistent with the intent, purpose, and objectives of this chapter and the General Plan;

(3)

That the proposed use in such location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of such use or be injurious to property or improvements in the

vicinity;

(4)

That the site for the proposed use is adequate in size, shape, and topography to accommodate the proposed use;

(5)

That the site for the proposed use can be served by roads of adequate width and design to accommodate the quantity and type of traffic generated by such use; and

(6)

That adequate utilities and other services required for such use exist or can be provided.

(B)

If the facts do not establish that the proposed use meets the findings and qualifications set forth in this section, the Planning Commission shall deny the application for a conditional use.

(1975 Code, § 9-2.1007) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.928 - Conditions required.

(A)

When authorizing any use permit, the Planning Commission shall prescribe such conditions, in addition to those specifically required by this chapter, as are, in the opinion of the Planning Commission, necessary to secure the objectives of this chapter and the General Plan. Special conditions which may be required shall include, but not be limited to, the provision of special setbacks and open spaces, the provision of landscaping and fencing, the surfacing of parking areas, the dedication of easements, and the regulation of signs, noise, odors, hours of operation, and other appropriate elements.

(B)

The Planning Commission may also require the applicant or the property owner to provide such guarantees as the Planning Commission deems necessary to ensure compliance with the conditions imposed.

(C)

The Planning Commission may also impose a time limitation and/or periodic review requirement for any use permit.

(1975 Code, § 9-2.1008) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.929 - Revocation of use permits.

The Planning Commission, after giving notice in the same manner and to the same persons as required by Section 153.963 of this chapter, on its own initiative or upon the request of the Planning Director, may conduct a public hearing in which the Planning Commission may revoke a use permit for any of the following reasons:

(A)

That the approval of the permit was based on false information submitted by the applicant; or

(B)

That the permit is being exercised contrary to the terms or conditions of approval or in violation of the provisions of this chapter and/or the policies of the General Plan.

(1975 Code, § 9-2.1010) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)