17.20.070 Permit–Issuance dependent on affirmative findings.
1. Conditional uses may be approved by the Planning Commission in locations permitting such uses in this division. Before approval is granted, a report to the governing body by the Planning Commission shall find that the proposed development will meet the requirements of this division.
2. Exceptions.
a. The Planning Commission may authorize exceptions to any of the requirements and regulations set forth in this division.
b. Application for any exception shall be made by a verified petition of the applicant stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the conditional use permit application. In order for the land referred to in the petition to come within the provisions of this chapter, it is required that the planning commission find all of the following facts with respect thereto:
i. That the land is of such shape or size, or is affected by such physical conditions, or is subject to such title limitations of record that it is impossible or impractical for the developer to comply with all of the regulations of this division;
ii. That the exception is necessary for the preservation and enjoyment of a substantial property right by the petitioner;
iii. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.
c. Each proposed exception shall be referred to the officers or agencies involved, and such officers or departments shall transmit to the Planning Commission their recommendations, which recommendations shall be reviewed prior to the granting of any exceptions.
3. Approval by the Planning Commission. The Planning Commission shall hold a public hearing on the proposed exception, after which it may approve the conditional use permit application with the exceptions and conditions it deems necessary, or it may disapprove such conditional use permit application. Any such approval or disapproval of requested exceptions will be accompanied by written findings of fact and conclusions therefrom. (Ord. 111 §1, amended, 1985; Prior code §12-107-1(F))