17.200.050 Approval or denial.
After the public hearing described in KIBC 17.200.040, the commission shall render its decision, unless such time limit has been extended by common consent and agreement of the applicant and the commission.
A. Approval. If it is the finding of the commission, after consideration of staff’s report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the conditional use permit shall be granted:
1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area;
2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question;
3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort;
4. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections (A)(1) through (3) of this section;
5. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits.
B. Denial. If the commission finds, after consideration of staff’s report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the conditional use permit. [Ord. FY2018-14 §2, 2018; Ord. 81-31-O §2, 1981. Formerly §17.67.050].