§ 15.10. Conditional use provisions.

An application for a conditional use permit shall be submitted and processed in accordance with all provisions applicable to map amendments through the planning and development department, the planning commission for a public hearing, and to the mayor and council for public hearing. An applicant seeking a conditional use permit shall submit such application, site plan and pay appropriate fees as determined by the mayor and council. Twenty stapled or bound copies of the application, site plan, and any supporting documents must be submitted by the applicant, in addition to one unbound application bearing original signatures. In addition, a CD-ROM shall be submitted containing a digital copy of all materials submitted in .pdf format. The following procedure shall be used by the city to review and evaluate conditional use applications:

(1)

Applications for conditional uses shall be submitted no later than noon, 42 days prior to the meeting date of the planning commission.

(2)

The site plan shall be submitted for review by the planning commission and shall contain the following information:

(a)

Twenty copies of the proposed site plan, and one, 11 × 17 (or smaller) reduction of the plan, drawn to scale, showing: a north arrow; land lot, district, and parcel number: the dimensions with bearing and distance; acreage; location of the tract(s); the present zoning classification of all adjacent parcels; the proposed location of structures, driveways, parking, and loading areas; and the location and extent of required buffer areas. Site plan shall be prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid. Site plan must be stamped and sealed by one of the four above-mentioned professionals no more than six months prior to date of submittal. In addition, a CD-ROM shall be submitted containing a digital file of the site plan in .pdf and .dwg formats.

(b)

Additional information in narrative form, or depicted on the site plan demonstrating how all provisions regarding the conditional use as enumerated elsewhere in the ordinance will be complied with.

(3)

The planning commission shall conduct a public hearing to consider the conditional use application. The applicant or his/her representative must be present at this hearing. At this public hearing, the planning commission shall evaluate the request and either make a recommendation for approval or denial to the mayor and council.

(4)

At least 15 days prior to the date of the public hearing to be held by the mayor and council, the conditional use request shall be duly advertised, following the same procedure required for a rezoning in sections 15.5 and 15.6.

(5)

If the conditional use application is denied by the mayor and council, the applicant's recourse shall be to superior court.

(6)

If the conditional use application is denied by the mayor and council, no conditional use application affecting any portion of the same property shall be submitted less than six months from the date of denial.

(ZOA Ord. No. 2007-02, 7-23-2007; Ord. No. ZOA 2010-01, § 6, 3-22-2010)