§ 117-199. Procedure for authorizing.

The following procedure is established to integrate properly the conditional use with other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure:

(1)

Application. An application shall be made by the property owner and filed with the city planner, upon forms prescribed for that purpose, accompanied with the appropriate fee established by the city council to defray processing costs. The application shall be accompanied by graphic representation showing the location and proposed use of the site, along with such other descriptive material necessary for decision making. Such may include, but is not limited to, preliminary site plans showing proposed uses and structures, proposed ingress and egress to the site, including adjacent streets, proposed off-street parking and landscaping; lighting and signage, a preliminary plan for provision of sanitation and drainage facilities and proximity of adjacent uses and buildings.

a.

Each application shall be verified by at least one of the owners of the property proposed to be changed, attesting to the truth and correctness of all facts and information presented with the application.

b.

The filing deadline for inclusion on the planning commission agenda shall be the 17th day of the month preceding the planning commission meeting. Should the 17th day fall on a weekend or holiday, the next following workday shall be the filing deadline.

(2)

Notice. Upon determining that an application is proper and complete, the city planner shall ensure that the matter is set for public hearing before the planning commission. The city planner shall be responsible for ensuring that, pursuant to law, at least 15 days' notice of the time, place, and subject of such hearing is published in a newspaper of general circulation in the city.

a.

The applicant shall present evidence to the city planner, at least ten days prior to the required public hearing, that all property owners within 200 feet of the boundaries of the subject property have been notified of the proposed use, and of the time, date, and place of the hearing.

b.

Such evidence shall consist of postmarked, certified receipts and/or return receipts and/or dated, signed acknowledgments of receipt of notification; and shall be accompanied by a plat map showing the location of those properties, the owners of which the applicant certifies have been so notified.

(3)

Planning commission review and action. The planning commission shall review conditional use permit applications at it regularly scheduled monthly meeting, at which time interested persons may appear at the required public hearing and offer information in support of or against the proposed conditional use. Following the public hearing, the commission may approve the application as presented, approve it with conditions, table it with cause for not to exceed one month, deny the application, or refer it to the city council for final disposition. Approval shall require an affirmative vote of a majority of the authorized membership of the commission.

a.

In approving such conditional uses, the planning commission shall impose such conditions and restrictions upon the premises as it deems necessary to reduce or minimize the adverse effects of the use. Compatibility with surrounding property shall be ensured to the maximum extent practicable.

b.

In no case shall the planning commission or city council authorize reduction from minimum requirements of this article relating to height, area, setbacks, parking, or landscaping. In addition, no conditional use authorized by the planning commission or city council shall be subsequently considered in connection with a variance request to the board of zoning adjustment.

c.

If the planning commission disapproves or denies a conditional use application, the reasons for such action shall be given to the applicant with 15 days from the date of the decision. The applicant may appeal such commission action, or any condition placed upon application approval, to the city council within 30 days of the commission's action. A property owner or leaseholder who owns or leases property within 200 feet of the subject property to which the conditional use applies, who is aggrieved by such decision of the planning commission shall have the right to appeal to the city council within 30 days of the commission's action. The appeal shall be in writing to the city clerk, and shall specifically state why the planning commission's findings and decision was arbitrary, capricious, and inappropriate. If denied, no application for such use or similar use shall be permitted involving any part of the same property for a period of six months. The applicant shall:

1.

Post notice on weatherproof signs provided by the city;

2.

Place the signs on the property that is the subject of the application at least ten days before the public hearing; and

3.

Ensure that the signs remain continuously posted until a final decision is made by the Metropolitan Area Planning Commission. At least one sign shall be posted by the applicant for each 150 feet of street frontage, up to a maximum of five signs. Signs shall be placed along each abutting street in a manner that makes them clearly visible to neighboring residents, and passersby. There shall be a minimum of one sign along each abutting street.

(Zoning Ord., § 14.24.04; Ord. No. 14:056, § 1, 9-16-2014)