§ 5.40.120. Conditional use permit required.

(a)

If the chief of police decides that a license may properly be issued, the applicant shall then file an application with the planning commission for a conditional use permit for a particular location.

(b)

The applicant shall comply with the provisions of law and the ordinances of the city governing the issuance of a conditional use permit, as specified in Chapters 18.54 and 18.56 of this code. The planning commission may not issue a conditional use permit for the conduct of the business of fortunetelling in any district except the commercial district or the highway commercial district.

(c)

In the proceedings for a conditional use permit for this purpose, the planning commission has the discretion to:

(1)

Fix and prescribe the signs, exterior appearance and exterior elevations of the premises where the business is proposed to be conducted;

(2)

Limit number of employees, hours of operation, and other businesses conducted on the premises; and

(3)

Impose other conditions customarily attached to conditional use permits.

(d)

The planning commission may not issue a conditional use permit for the operation of the business of fortunetelling from a trailer, vehicle or temporary structure.

(e)

The planning commission may not consider an application for a conditional use permit for the business of fortunetelling until the chief of police notifies the applicant of a favorable decision by the chief of police under Section 5.40.080 of this chapter.

(Ord. 762B §1(part), 2004)