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When a proposed use is permitted in a zoning district as a conditional use as set forth in the district regulations, a conditional use permit is required and the application for such conditional use permit shall be submitted and reviewed according to the following:
(a) Submission of Application. The owner, or agent thereof, of property for which such conditional use is proposed shall file with the Planning Commission Secretary an application for a conditional use permit accompanied by payment of the required fee established by Council. The application for all conditional use permits, except general development plans for planned unit developments, shall include the submission of a site plan in accordance with Section 1217.03(c) and shall disclose all uses proposed for the development, their location, extent and characteristics unless specific items are waived in writing by the Planning Commission Secretary pursuant to Section 1217.03(c). A general development plan for a planned unit development application shall include those items listed in the general development plan submission requirements pursuant to Chapter 1252.
(b) Administrative Review. An applicant shall submit the application to the Planning Commission Secretary for review.
(1) The Planning Commission Secretary shall review the application for completeness pursuant to Section 1217.03 (c) and inform the applicant which items from the final plan submission requirements have not been received or are incomplete. If any submission requirements are incomplete or missing, the application will not be processed further until the necessary items are submitted.
(2) When the Planning Commission Secretary determines that the application is complete, the Planning Commission Secretary shall forward the application to appropriate City departments for their review.
(3) The Planning Commission Secretary shall advise the applicant of any revisions recommended as a result of the administrative review. The applicant may:
A. Revise the application as recommended by the Planning Commission Secretary and request that it then be forwarded to the Planning Commission; or
B. Appeal the decision of the Planning Commission Secretary to the Zoning Board of Appeals according to the regulations in Section 1217.06.
(4) When an application for a conditional use permit is forwarded to the Planning Commission for review, the Planning Commission Secretary shall prepare an agenda which identifies all projects subject to site plan review and shall post such agenda in public places. Such public places and the number of days prior to a Planning Commission meeting that the agenda is posted shall be determined in the rules and procedures for Planning Commission meetings.
(c) Public Hearing and Notice by Planning Commission. The Planning Commission shall hold a public hearing on the conditional use application. Notice of such public hearing shall be given in one or more newspapers of general circulation in the City at least ten days before the date of said public hearing. All notices shall set the time and place of the public hearing and the nature of the proposed conditional use application. The Planning Commission Secretary shall send written notice of the hearing, by first class mail, at least ten days before the day of the public hearing, to all owners of property within 300 feet of the property lines of the proposed conditional use to the addresses of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list, and to such other list or lists that may be specified by the Planning Commission. It is the responsibility of the applicant to provide, with the application, an accurate roster of the names and addresses of the property owners within such 300 feet. If the roster is not provided the Planning Commission Secretary shall not further process the application.
(d) Planning Commission Review Criteria. The Planning Commission shall review the proposed conditional use to determine whether or not it is appropriate and in keeping with the purpose and intent of this Code. In making such a determination, the Planning Commission shall find that the proposal satisfies the criteria and specific requirements for all conditional uses in Chapter 1250 and the site plan criteria in accordance with the regulations in Section 1217.03(e).
(e) Planning Commission Action. The Planning Commission shall take one of the following actions:
(1) If the proposed conditional use is found to be appropriate, the Planning Commission shall recommend approval of the application. As part of the recommendation, the Planning Commission may prescribe appropriate conditions, stipulations and safeguards as it may deem necessary and in conformance with the intent and purposes of this Code for the protection of nearby property and the public health, safety and general welfare of the community.
(2) If the proposed use is found to be not in compliance with the specifications of this Code, the Planning Commission shall recommend the denial of the application.
If the Planning Commission does not act on the application within 60 days from the date the application is initially heard by the Commission, it may be deemed a denial, unless, with the concurrence of the applicant, the Planning Commission may take such additional time as may be necessary to further study the proposal and consider modifications thereto.
(f) Confirmation by Council. Following a recommendation for approval by the Planning Commission, the application shall be submitted to Council for confirmation:
(1) Council, by a majority vote, may confirm the recommendation of the Planning Commission; or
(2) Council may reject the recommendation of the Planning Commission.
Failure of Council to act within 90 days from the date Council receives the recommendation from the Planning Commission, shall be deemed a confirmation of the Planning Commissions recommendation.
(g) Any lawfully existing use that, at the time when the use was established, was not classified as a conditional use, but which now, because of the passage of this Planning and Zoning Code, or amendment thereto, is listed as a conditional use in the district in which it is located, shall be deemed without further action to have been granted a conditional use permit. Failure of such property to conform to current minimum lot requirements and setbacks shall not preclude such use from being deemed a conditional use. Any change, modification, enlargement or alteration of such use, site development conditions, or change in operations shall only be permitted upon review and approval by the Planning Commission according to the procedures for conditional uses set forth in this Code.
(Ord. 48-02. Passed 2-25-02; Ord. 124-2015. Passed 10-13-15; Ord. 171-2016. Passed 12-19-16.)