02-27-2017 Council Packet - Laserfiche WebLink

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REQUEST FOR COUNCIL ACTION DATE: February 27, 2017 ITEM NO: 12 Department Approval: Administrator Reviewed Name Jeremy Barnhart D5R Title Community Development Director Item Description: Authorization: Text Amendment Regarding CUP Repeal Agenda Section: Planning Department Report Application Summary The city code contains a provision that a group of neighbors can petition the City Council to hold a public hearing on the continuation of a conditional use permit, where the council may "continue the conditional use permit unchanged; approve a new permit with such additional conditions as may be necessary to protect health, safety or general welfare; or terminate the existing conditional use permit." It is the opinion of the City attorney that such a provision is not legal. If an entity operates under a Conditional Use Permit, they may continue to do so until they abandon the use, or are found to be violating the conditions of the approval. Sec. 78-921. - Review upon neighbors' petition. Conditional use permits shall not be subject to periodic council review for the purpose of change or revocation unless such a review is one of the conditions of the original permit or unless the actual land use is determined to be in violation of the terms of the permit; however, upon petition of 75 percent or more of the adjacent property owners (defined here as those whose property lies within 1,000 feet of the property subject to the conditional use permit), the council shall hold a public hearing on the continuation of the permit. The council shall determine, after such public hearing, whether the continuation of the conditional use in question is consistent with the health, safety and general welfare of the residents of the city. The council may, after such petition and hearing, continue the conditional use permit unchanged; approve a new permit with such additional conditions as may be necessary to protect health, safety or general welfare; or terminate the existing conditional use permit. Upon termination of a conditional use permit, the council may allow the former conditional use permit to continue for such period not in excess of one year as may be required to provide time to move or otherwise relocate in a zone where such use is permitted. (Code 1984, § 10.09(11))