ARTICLE XXII: CONDITIONAL USE PERMITS/VARIANCE REQUESTS

22.10   Procedure:
A.         Application shall be made to the zoning officer who shall promptly refer it to the planning commission.  The application shall contain the information required under Article 18.30 A, along with such other data and information as the planning commission may deem necessary to properly evaluate the application.
            B.         The planning commission shall hold a public hearing on the application within thirty (30) days after it is filed.  Public notice shall be given in accordance with the applicable provisions of Article 23.40.
            C.         The planning commission shall report its recommendations to the city council within forty-five (45) days after filing of the application.  Recommendations shall include an accurate description of the proposed conditional use/variance, a description of the property upon which the conditional use/variance is sought to be located, along with any other recommendations of proposed conditions of the planning commission.

22.20   A Conditional Use/Variance Permit shall be granted by a majority vote of the city council upon written findings of fact that the following conditions have been compiled with.  Approval may be subject to such further conditions as the city council may deem necessary.
A.         That the proposed development is likely to be compatible with development permitted under the general provisions of this ordinance on substantially all land in the vicinity of the proposed development.
            B.         That the conditional use/variance will not be injurious to the use and enjoyment of the environment, or detrimental to the rightful use and enjoyment of other property in the immediate vicinity, nor substantially diminish or impair property values within the vicinity.
            C.         That the proposed use is consistent with the overall comprehensive municipal plan and with the spirit and intent of the provisions of this ordinance.

22.30   Shoreland Areas:  A copy of all notices of any public hearings to consider conditional use permits that are on shoreland areas (see Article II, 2.49) under this Ordinance shall be forwarded to the Commissioner of Natural Resources at least ten (10) days prior to such hearings.  A copy of these conditional use/variance permits shall be forwarded to the Commissioner of Natural Resources within ten (10) days of such action(s).

22.40   Denial:  In the event that the city council denies an application for a Conditional Use/Variance Permit, the factual basis and reasons for the denial shall be set forth in written findings of fact.  Such findings shall be adopted contemporaneously with the action of denial.

22.50   Termination:  Where a conditional use/variance does not continue in conformity with the conditions of the original approval, the conditional use/variance permit shall be terminated by the city council.