§ 1407. Action by the planning commission

The planning commission shall act on the application within 30 days following the closing of the public hearing. The commission may grant an application for a conditional use permit as the use permit was applied for or in modified form if, on the basis of the application and the evidence submitted, the commission makes all of the following findings:

A.

That there are circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right.

B.

That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purposes of the district in which the site is located.

C.

That the proposed use will comply with each of the applicable provisions of this ordinance.

A use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may deny an application for a use permit. A use permit may not grant variances to the regulations prescribed by this ordinance for which variance procedures are prescribed by article 18.

Within five days following a decision of the commission, the secretary of the commission shall transmit to the city clerk the use permit application, the scale drawings of the site and surrounding area and all other data filed therewith, the minutes of the public hearing, staff reports, the findings of the commission and its decision on the application.

(Ord. No. 2015-01, § 1, 4-8-2015)